Did the listing agent breach a BRRETA duty?
- AYes, because a listing agent must only promote the seller's home
- BYes, unless the seller gave written permission
- CNo, but only if the other homes are listed by the same firm
- DNo, because showing alternative properties is not a breach
Pick an answer before you read on.
Answer: D
No, because showing alternative properties is not a breach. Section 10-6A-5 says a seller's broker does not breach any duty or obligation by showing alternative properties to prospective buyers. Section 10-6A-7 has the mirror rule for buyer's brokers, who may show properties their buyer is interested in to other buyers.
Why each choice is right or wrong
A. Yes, because a listing agent must only promote the seller's home
The duty to promote the seller's interests coexists with the statute's express permission to show alternative properties. Showing them alone is not a breach.
B. Yes, unless the seller gave written permission
BRRETA does not condition this statutory permission on the seller giving written approval. The question states no separate contractual restriction.
C. No, but only if the other homes are listed by the same firm
The alternative properties need not be this firm's listings. Section 10-6A-5 does not impose that limitation.
D. No, because showing alternative properties is not a breachCorrect answer
The statute expressly protects showing alternative properties. The agent must still perform the other duties owed to the seller and avoid false statements.
The trap
Under a fiduciary model this might look disloyal. BRRETA settles it in the broker's favor in both directions.
The Rule
Showing other properties is not a breach, for listing or buyer's brokers.
What would change the answer
- If the agent told the visitor something false about the seller's home to steer them elsewhere, that would breach the duty not to knowingly give false information.
- A buyer's broker may likewise show a home their buyer wants to other buyers, under § 10-6A-7.
Where the rule comes from
- O.C.G.A. § 10-6A-5, Duties and responsibilities of broker engaged by seller. A seller's broker must perform the engagement, promote the seller's interests (including timely presenting all offers to and from the seller even when the property is under contract, though it need not seek more offers then unless the engagement says so), exercise reasonable skill and care, obey the law, keep requested confidences, and disclose to all parties actually known adverse material facts about the property's physical condition and conditions within one mile that a diligent inspection would not reveal.
- O.C.G.A. § 10-6A-7, Duties of broker engaged by buyer. A buyer's broker must perform the engagement, promote the buyer's interests (seeking a property at acceptable price and terms, timely presenting all offers to and from the buyer even when the buyer is under contract, disclosing actually known adverse material facts concerning the transaction, advising expert help, and accounting for money), use ordinary skill and care, obey the law, and keep confidences the buyer expressly requests; in a seller-financed sale or loan assumption it must also disclose to the seller actually known adverse material facts about the buyer's financial ability and, in a residential sale, whether the buyer intends to occupy the property as a principal residence.
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.