BRRETA practice question 3 of 31 · Clients, customers, and transaction brokers

Which broker has the client when two claim the same buyer?

Two brokers from different firms both say they represent the same buyer. Broker A has a signed buyer brokerage engagement. Broker B has shown the buyer homes for a month, and the seller has offered to pay Broker B's commission.

Facts checked against the current PSI Candidate Information Bulletin and GREC sources.

Which broker has a client relationship with the buyer?

ABroker B, because they have done more work for the buyer
BBroker A, because they hold the signed brokerage engagement
CBroker B, because the seller is paying their compensation
DBoth, because a buyer can be a client of any broker who helps them

Pick an answer before you read on.

Answer: B

Broker A, because they hold the signed brokerage engagement. The client relationship comes from the written brokerage engagement, and the engagement runs to the broker. Section 10-6A-11 adds that who pays, or promises to pay, the broker's compensation does not decide whether a brokerage relationship exists.

Why each choice is right or wrong

A. Broker B, because they have done more work for the buyer
Hours worked do not replace a written engagement. Broker B's showings alone do not make the buyer a client.
B. Broker A, because they hold the signed brokerage engagementCorrect answer
Broker A has the written contract that creates client status. Nothing in these facts establishes a brokerage engagement with Broker B.
C. Broker B, because the seller is paying their compensation
Section 10-6A-11 separates compensation from representation. A seller's promise to pay Broker B does not create a buyer client.
D. Both, because a buyer can be a client of any broker who helps them
Helping the same buyer does not automatically give both brokers a client. The question supplies a signed engagement only for Broker A.

The trap

"Follow the money" is the classic distractor. Georgia says the payer does not determine the relationship.

The Rule

The written engagement decides the relationship. Who pays does not.

What would change the answer

If Broker B also has a valid written engagement, both relationships need analysis. Whether either contract is exclusive and whether a contract was breached are separate questions; assistance alone does not answer them.
If neither broker has a signed engagement, the buyer is a customer of both, and the seller's offer to pay one of them does not change that.
If the seller pays Broker A's commission at closing, Broker A still represents the buyer. Payment from the other side does not switch the relationship.

Where the rule comes from

O.C.G.A. § 10-6A-3, BRRETA definitions. Defines client, customer, brokerage engagement and ministerial acts. A customer is someone the broker is not representing in an agency capacity but may perform ministerial acts for.
O.C.G.A. § 10-6A-11, Creation of relationship not determined by payment or promise of compensation. Who pays or promises to pay the broker's compensation does not determine whether a brokerage relationship exists between the broker and a seller, landlord, buyer, or tenant.

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.