May the former listing agent share the reason?
- ANo, because the duty to keep confidences survives the end of the engagement
- BYes, because all duties end when the brokerage engagement ends
- CYes, because 30 days have not passed and then the duty ends
- DYes, if the person asking is another licensee
Pick an answer before you read on.
Answer: A
No, because the duty to keep confidences survives the end of the engagement. Under 10-6A-9, the broker must keep confidential information confidential after the engagement ends. The exceptions are narrow: the former client permits disclosure, the law requires it, or the information becomes public from another source. None applies here.
Why each choice is right or wrong
A. No, because the duty to keep confidences survives the end of the engagementCorrect answer
The seller requested confidentiality during the engagement. Section 10-6A-9 continues that protection after expiration unless a stated exception applies.
B. Yes, because all duties end when the brokerage engagement ends
Most duties end with the engagement, but accounting and confidentiality continue. Expiration alone does not release the pending-divorce information.
C. Yes, because 30 days have not passed and then the duty ends
BRRETA sets no 30-day sunset for this confidentiality duty. A week or a month passing does not supply permission to disclose.
D. Yes, if the person asking is another licensee
The inquirer is another party's agent. Holding a license does not give them access to a former client's confidential information.
The trap
Most BRRETA duties end with the engagement. Accounting for money and property and keeping confidences do not.
The Rule
Confidentiality outlives the brokerage engagement.
What would change the answer
- If the divorce later becomes public from another source, such as a published court filing, the duty ends.
- If keeping the secret would require telling a buyer something false, the duty not to give false information prevails over confidentiality under § 10-6A-9.
Where the rule comes from
- O.C.G.A. § 10-6A-9, Duration of brokerage relationships. After an engagement ends, the broker still must account for money and property and keep confidential information confidential unless the client allows disclosure, the law requires it, or it becomes public from another source; the duty not to give customers false information prevails over confidentiality.
This is an original teaching question written from the statute. It is not a PSI exam item, and it is not copied or reconstructed from one. On the exam, BRRETA sits inside the Georgia agency and listing content. The BRRETA guide covers the client and customer table and the dual and designated agency rules in one place.