Before you talk money or tour a house, settle one question with any agent: whom does this brokerage represent in my deal, and on what paper? The answer decides what the broker must do for you, what it may pass to the other side, and what you should keep to yourself. Georgia answers it in its Brokerage Relationships in Real Estate Transactions Act, usually shortened to BRRETA.
General information, not legal advice. The Georgia brokerage-law text on this page is summarized from a published copy of the code (each fact names its source and the date we checked it). For your own agreement or dispute, ask a Georgia attorney.
Find your relationship in four questions
The chooser below asks who you are, whether the agent’s own firm has the listing, and whether you want someone negotiating for you. It points to the relationship that fits and the questions to ask before you sign anything.
Decision tool 1
Which Georgia brokerage relationship fits you?
Five questions. Georgia law lets a brokerage work with you in several different ways, and each one changes who the agent works for. Answer for your situation and we show the closest fits, what each means, and the question to ask before you sign.
Client or customer: the first split
Representation starts with a written engagement
- Under Georgia's Brokerage Relationships in Real Estate Transactions Act (BRRETA), agency means a broker represents a client by the client's written authority. O.C.G.A. 10-6A-3(1), checked 2026-10-19
- A brokerage engagement is a written contract under which a seller, buyer, landlord or tenant becomes the broker's client. O.C.G.A. 10-6A-3(4), checked 2026-10-19
- GREC's rules list exclusive listing contracts, open listing contracts and buyer broker agreements among the examples of brokerage engagements. Georgia Rules and Regulations, checked 2026-10-19
- In Georgia a client is represented by a broker under a brokerage engagement; a customer is not represented, though the broker may perform ministerial acts for them. O.C.G.A. 10-6A-3(6) and (8), checked 2026-10-19
Read those together and the rule is simple. You become a client only by signing a brokerage engagement: a listing agreement if you sell, a buyer brokerage agreement if you buy. Until then you are a customer. A broker can still help a customer with paperwork-type tasks, but it does not represent the customer.
The six relationships, one at a time
You are the client
Seller client (seller agency)
The brokerage represents you, the seller, under a written listing agreement and works to sell on your terms.
- Written agreement
- Advocates for the seller
- Fee set in the agreement
Trade-off: Buyers who come through the same brokerage raise the dual or designated agency question; decide your answer before it comes up.
A seller's broker must seek a sale at acceptable terms, timely present all offers, disclose material facts the broker actually knows, advise the seller to get expert advice where needed, account for money, and keep requested information confidential. O.C.G.A. 10-6A-5(a)
You are the client
Buyer client (buyer agency)
The brokerage represents you, the buyer, under a written buyer brokerage agreement and works to buy on your terms.
- Written agreement
- Advocates for the buyer
- Fee set in the agreement
Trade-off: The agreement sets the fee and the term before you tour; read both, and ask what happens if a seller covers part of it.
A buyer's broker must seek a property at acceptable terms, timely present all offers, disclose adverse material facts the broker actually knows, advise the buyer to get expert advice, account for money, and keep requested information confidential. O.C.G.A. 10-6A-7(a)
One brokerage, both clients
Dual agency
One brokerage represents both the buyer and the seller as clients in the same deal, which Georgia allows only with both clients’ informed written consent.
- Both sides consent in writing
- Limits on what can be shared
- Same brokerage
Trade-off: Neither side gets an agent who is only theirs; ask exactly what the agent can and cannot do for you once both sides are clients.
A Georgia broker may act as a dual agent only with the written consent of all clients, and the consent must state, among other things, that the client does not have to agree to dual agency. O.C.G.A. 10-6A-12(a)
Same office, separate agents
Designated agency
The brokerage assigns one agent to you and another to the other side, and each designated agent represents only their own client.
- Your own agent
- Same brokerage
- Assigned in writing
Trade-off: The two agents share an office and a broker; ask how the brokerage keeps each side’s information separate.
A broker may assign different agents in the same firm to represent the buyer and the seller separately as designated agents; when that is done, the firm is not considered a dual agent. O.C.G.A. 10-6A-13(a)-(b)
Helps, represents no one
Transaction brokerage
The broker helps the buyer and seller complete the deal but has no client relationship with either, and performs ministerial acts.
- No client relationship
- Paperwork and logistics
- No advocacy
Trade-off: Nobody negotiates for you; you decide price and terms yourself.
A transaction broker has no client relationship with any party and performs only ministerial acts, while being paid by one or more parties. O.C.G.A. 10-6A-3(14)
The agent works for someone else
Customer (unrepresented)
You deal with an agent who represents the other side, so you are a customer, not a client: the agent advocates for their client.
- No agreement with you
- Agent works for the other side
- Ask before you share
Trade-off: Anything you tell the other side’s agent can help their client; keep your top price and your deadlines to yourself.
In Georgia a client is represented by a broker under a brokerage engagement; a customer is not represented, though the broker may perform ministerial acts for them. O.C.G.A. 10-6A-3(6) and (8)
Seller client (seller agency)
A seller's broker must seek a sale at acceptable terms, timely present all offers, disclose material facts the broker actually knows, advise the seller to get expert advice where needed, account for money, and keep requested information confidential. (O.C.G.A. 10-6A-5(a), checked 2026-10-19)
This is the listing side. The broker works toward a sale on terms you accept, brings you every offer, and tells you what it actually knows that matters to the deal. The contract that creates it is the listing agreement.
Buyer client (buyer agency)
A buyer's broker must seek a property at acceptable terms, timely present all offers, disclose adverse material facts the broker actually knows, advise the buyer to get expert advice, account for money, and keep requested information confidential. (O.C.G.A. 10-6A-7(a), checked 2026-10-19)
The mirror image for buyers: the broker looks for a property on terms you accept, presents your offers and the seller’s responses, and tells you about adverse facts it knows. The contract is the buyer brokerage agreement.
Dual agency
One broker, both clients
- A dual agent is a broker who has a client relationship with both the seller and the buyer (or landlord and tenant) in the same transaction. O.C.G.A. 10-6A-3(10), checked 2026-10-19
- A Georgia broker may act as a dual agent only with the written consent of all clients, and the consent must state, among other things, that the client does not have to agree to dual agency. O.C.G.A. 10-6A-12(a), checked 2026-10-19
Dual agency is not automatic and it is not forbidden. It needs the written consent of every client, and the consent itself has to say that you do not have to agree. Our dual and designated agency guide covers the questions to ask when the listing office offers to represent you too.
Designated agency
Two agents, one firm
- A designated agent is a licensee assigned by the broker to represent only one client in a transaction, to the exclusion of the firm's other clients and licensees. O.C.G.A. 10-6A-3(9), checked 2026-10-19
- A broker may assign different agents in the same firm to represent the buyer and the seller separately as designated agents; when that is done, the firm is not considered a dual agent. O.C.G.A. 10-6A-13(a)-(b), checked 2026-10-19
Designated agency is the alternative to dual agency inside one firm. Each side gets its own assigned licensee, and the law says the firm is then not treated as a dual agent. It only works if the brokerage actually assigns separate agents, so ask who yours will be.
Transaction broker
Help without representation
- A transaction broker has no client relationship with any party and performs only ministerial acts, while being paid by one or more parties. O.C.G.A. 10-6A-3(14), checked 2026-10-19
- A transaction broker may help buyers and sellers with ministerial acts such as identifying property, providing preprinted forms, acting as a scribe, and locating inspectors, lenders and attorneys. O.C.G.A. 10-6A-14(a), checked 2026-10-19
- A transaction broker must still timely present all offers, account for money received, and disclose known adverse material facts about the property's physical condition to buyers and tenants. O.C.G.A. 10-6A-14(b), checked 2026-10-19
A transaction broker can identify homes, supply forms, write down the terms you choose and point you to inspectors, lenders and attorneys. It does not advise you or negotiate for you. It still has to present offers, account for money, and tell buyers about known adverse physical facts.
Customer
If you sign nothing, you are a customer, for example when you visit an open house on your own or call the number on a sign. Remember that the listing broker’s client is the seller, and a seller’s broker must tell the seller the material facts it knows about the transaction. So as a customer, keep your top price, your deadline and your reasons for moving to yourself.
Duties that apply in every relationship
What every Georgia broker owes
- Under BRRETA a broker owes only the duties listed in the statute (unless the parties agree otherwise in a signed writing), is not deemed a fiduciary, and must exercise reasonable care. O.C.G.A. 10-6A-4(a), checked 2026-10-19
- If a broker who already works with a client or customer enters a new brokerage relationship with them, the broker must timely disclose it to everyone involved in the transaction. O.C.G.A. 10-6A-4(b), checked 2026-10-19
- In Georgia, who pays or promises to pay a broker does not by itself decide whom the broker represents. O.C.G.A. 10-6A-11, checked 2026-10-19
Three points come out of these. First, a broker owes the duties in the statute and must use reasonable care; the law says it is not a fiduciary unless you agree otherwise in a signed writing. Second, if your relationship changes midway, everyone in the deal must be told. Third, the person who pays the broker does not by that fact become the person the broker represents.
What the engagement must tell you
Every Georgia brokerage engagement must tell the prospective client the types of agency relationships the broker offers, any known conflicting relationships, the broker's compensation and whether it will be shared, and the broker's confidentiality duties. (O.C.G.A. 10-6A-10(a) (text effective Jan. 1, checked 2026-10-19)
That gives you a checklist for any agreement put in front of you. If you cannot find the relationship types on offer, any known conflict, the pay and whether it is shared, and the confidentiality duty, ask where they are before you sign.
The relationships side by side
| Relationship | Who the broker represents | What makes it happen |
|---|---|---|
| Seller client | The seller | A written listing agreement |
| Buyer client | The buyer | A written buyer brokerage agreement |
| Dual agency | Both buyer and seller | Written consent from every client; the office policy must permit it |
| Designated agency | Each side, through a separately assigned licensee | The broker assigns different licensees to each client |
| Transaction broker | No one | The broker performs only ministerial acts |
| Customer | You are not represented | No brokerage engagement with you |
How to confirm which one you have
- Ask the agent, in writing, which relationship they are offering and whether their office permits dual agency.
- Read the brokerage engagement for the four disclosures above.
- Check the agent’s license and the firm it is held under.
- If anything changes during the deal, expect a written notice of the new relationship.
Questions people ask
What brokerage relationships does Georgia law allow?
Under Georgia's Brokerage Relationships in Real Estate Transactions Act, a broker can represent you as a client, represent both sides as a dual agent with written consent, assign designated agents, or act as a transaction broker with no client. Every brokerage engagement must tell you the types of agency relationships the broker offers.
What is the difference between a client and a customer?
In Georgia a client is represented by a broker under a brokerage engagement. A customer is not represented, though the broker may perform ministerial acts for them.
Source: O.C.G.A. 10-6A-3(6) and (8)
Is my agent a fiduciary in Georgia?
Under Georgia's brokerage law a broker owes only the duties listed in the statute, unless the parties agree otherwise in a signed writing, is not deemed a fiduciary, and must exercise reasonable care.
Source: O.C.G.A. 10-6A-4(a)
Does the person who pays the agent decide whom the agent represents?
No. In Georgia, who pays or promises to pay a broker does not by itself decide whom the broker represents. The written brokerage engagement does.
Source: O.C.G.A. 10-6A-11
Is dual agency legal in Georgia?
Yes, with conditions. A Georgia broker may act as a dual agent only with the written consent of all clients, and the consent must state that the client does not have to agree to dual agency.
Source: O.C.G.A. 10-6A-12(a)
Is designated agency the same as dual agency?
No. A broker may assign different agents in the same firm to represent the buyer and the seller separately as designated agents. When that is done, the firm is not considered a dual agent.
Source: O.C.G.A. 10-6A-13(a)-(b)
Next step
Take these questions into your interviews with the agent interview scorecard, then read the buyer agreement guide or the listing agreement guide.
Laws, forms and practices change. Every rule on this page links to the office or statute that sets it; confirm with that source, or a Georgia attorney, before you rely on it.
