What does BRRETA allow?
- ADual agency, because the clients' signed consent overrides the office policy
- BDual agency, as long as the commission is reduced
- CNot dual agency; the broker must follow the policy and use another lawful option
- DNothing; the sale cannot go forward through this firm at all
Pick an answer before you read on.
Answer: C
Not dual agency; the broker must follow the policy and use another lawful option. Section 10-6A-12 requires every broker to develop and enforce an office policy that either permits or rejects disclosed dual agency, and to disclose it. A firm that rejects dual agency cannot act as a dual agent, consent or not. The broker can still use another lawful route, such as withdrawing from representing one client under the same section and referring that client to another firm.
Why each choice is right or wrong
A. Dual agency, because the clients' signed consent overrides the office policy
Client consent is one requirement. Section 10-6A-12 also requires the broker to enforce the firm's policy, which rejects dual agency here.
B. Dual agency, as long as the commission is reduced
Reducing compensation does not change the representation or the policy. A smaller commission cannot supply legal authority to act as a dual agent.
C. Not dual agency; the broker must follow the policy and use another lawful optionCorrect answer
The broker must follow the disclosed policy. A lawful alternative can include referring one client to another firm before dual agency exists.
D. Nothing; the sale cannot go forward through this firm at all
The policy rules out dual agency, not the sale itself. Another lawful representation arrangement can let the transaction continue.
The trap
Consent is necessary for dual agency, but it is not sufficient. The broker's own disclosed policy has to allow it.
The Rule
Written consent makes dual agency lawful only in a firm whose policy permits it.
What would change the answer
- If the firm's policy permits dual agency and both clients sign a compliant consent, the broker may act as a dual agent.
- If the firm assigns different affiliated licensees as designated agents under § 10-6A-13, the firm is not deemed a dual agent at all, so a policy against dual agency does not block it.
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.
- O.C.G.A. § 10-6A-13, Designated agency, actual knowledge, and confidentiality. A broker may designate different affiliated licensees for different clients; a compliant designation does not make the broker, firm, or affiliated licensees dual agents, and the statute controls actual knowledge and 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.