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Agency relationships in real estate used to be simple. A true “agent” as designated by a written agency agreement, has certain additional duties legally required and for which the agent can be held liable if violated or not performed as required.

BRETTA applies to any real estate broker or affiliated licensee providing a real estate brokerage service in the State of Georgia. Thus, it applies in virtually any situation in which a licensee acts in the normal course of providing real estate brokerage services.

Let’s review:

Do you represent buyers, sellers or both?
What services are provided to (or excluded from) me, based on my status as a buyer-customer or buyer-client?
When does representation begin? When does it conclude?
Brokers and agency – Appointment of agent
Brokerage relationships – Designated Agency, Dual Agency, Transaction Broker
Scope of authority, loyalty, obedience, disclosure, confidentiality, account, reasonable care
Consumer engagement
When is disclosure required
Customer vs client
Agents who own rental property
Agents selling their own property
Inactive agents acting as principles
Conflicted agent practices

Over many years, common and statutory laws have evolved as regards agency and fiduciary responsibilities. As real estate representation evolves, there are new court cases every year in many states that add to the expectations of our clients and courts.