Is this lawful dual agency under BRRETA?
- AYes, because both clients agreed before the offer was written
- BNo, because dual agency requires written consent from all clients
- CYes, if the broker discloses the arrangement before closing
- DNo, because dual agency is illegal in Georgia
Pick an answer before you read on.
Answer: B
No, because dual agency requires written consent from all clients. Georgia permits dual agency, but only with written consent from all clients. The consent must contain the disclosures listed in 10-6A-12, including that the clients' interests may be adverse, that the client does not have to consent, and that the consent is voluntary. A signed consent that meets the section is conclusively deemed informed. The broker's office policy must also permit dual agency.
Why each choice is right or wrong
A. Yes, because both clients agreed before the offer was written
Timing alone does not cure the missing writing. Both clients' phone approvals fall short of the consent required by section 10-6A-12.
B. No, because dual agency requires written consent from all clientsCorrect answer
Every client must give written consent containing the required disclosures. This broker has no signed consents from either client.
C. Yes, if the broker discloses the arrangement before closing
A promise to disclose later does not authorize acting as a dual agent now. The broker needs compliant written consent before undertaking that role.
D. No, because dual agency is illegal in Georgia
Georgia allows disclosed dual agency with the required written consents and a policy that permits it. The defect here is missing written consent, not a statewide ban.
The trap
"Dual agency is illegal" is wrong in Georgia, and so is "any agreement will do". Check for written consent from every client and the disclosures the statute requires.
The Rule
Dual agency requires written consent from every client, with the disclosures the statute lists.
What would change the answer
- If both clients sign a consent containing every disclosure § 10-6A-12 lists, the consent is conclusively deemed informed and the dual agency is lawful.
- If the firm's office policy rejects dual agency, the broker may not act as a dual agent, because § 10-6A-12 requires the broker to enforce that policy.
Where the rule comes from
- O.C.G.A. § 10-6A-12, Broker acting as dual agent. A broker may act as a dual agent only with written consent from all clients that contains the disclosures specified by the statute.
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.