Call the number on a yard sign and you reach the office that listed the home. For many buyers, that is the first conversation, and it is with the seller’s side. In a small town it can also happen the other way around: the agent you already like works at the office that has the listing you want. Either way, the office may offer to represent you as well. Georgia’s brokerage law gives that offer three possible shapes, and they are not the same.
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)
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)
Dual agency: one firm, both sides as 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)
Dual agency is legal in Georgia, and it is never automatic. It needs written consent from each client, and the consent form itself tells you that you may say no.
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)
Before you consent, ask the agent to explain in writing what they can and cannot do for you while also working for the seller, and what each side’s confidential information will be. If the answer is vague, that is your answer.
Designated agency: two agents in the same firm
The firm can instead assign one of its agents to you and a different agent to the seller.
Designated agency
- 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 not dual agency under Georgia law. In a small office the two agents may still share a building and a broker, so ask practical questions: who your agent is, who the seller’s agent is, and how the office keeps each side’s files and conversations apart.
Customer: working with the office without being represented
You can also deal with the listing office without becoming anyone’s client.
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)
As a customer, remember whom the listing agent works for. The seller’s broker owes the seller duties that run against your interest in a lower price.
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)
So keep your highest price, your deadline and how much you love the house to yourself. Some property facts still have to be shared with you, whoever you are.
A seller's broker must timely disclose to all parties adverse material facts about the property's physical condition that the broker actually knows and a buyer could not find with a reasonably diligent inspection. (O.C.G.A. 10-6A-5(b)(1), checked 2026-10-19)
A related role, transaction brokerage, means no one is a client at all. Even then, some duties remain.
Transaction brokerage
- 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 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
How the three paths look from the buyer’s chair
Picture a buyer who calls the number on a sign for a home outside Dahlonega and likes the agent who answers. The agent offers to help with an offer. Here is what each path would mean for that buyer.
| Path | Who the agent works for | What the buyer signs | What to keep private |
|---|---|---|---|
| Dual agency | Both the seller and the buyer, as clients of the same firm | A buyer agreement plus written consent to dual agency | Anything you would not want the seller to know |
| Designated agency | A different agent in the firm is assigned to the buyer alone | A buyer agreement; ask for the designated agent’s name in writing | Ask how the office keeps the two sides apart |
| Customer | The seller only | Nothing that makes the buyer a client | Your top price, your deadline and how much you want the house |
None of these is wrong in itself. What matters is that the buyer knows which one applies before saying anything about price, and that the choice is on paper. If the buyer is unsure, the best moment to ask is the first call, before any showing, any conversation about budget and any signature. It is also fine to thank the agent and look for representation at another firm.
Every office has to have a policy, and tell you
You do not have to guess how an office handles this. Georgia requires each brokerage to decide and to disclose it.
Every Georgia brokerage must adopt an office policy that either permits or rejects disclosed dual agency, and must disclose that policy. (O.C.G.A. 10-6A-12(f), checked 2026-10-19)
The agreement you sign also has to tell you which relationships the broker offers and about any conflicting relationships the broker knows of. If the relationship changes partway through a deal, that has to be disclosed too.
What has to be disclosed
- 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
- 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
Who pays does not decide who represents you
A common assumption is that whoever pays the agent is the agent’s client. Georgia law says otherwise.
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)
And whatever the relationship, the law sets the standard of care rather than leaving it to good intentions.
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)
Opinions differ. The rule does not.
One page that Google’s AI Overview cited for “dual agency georgia” on October 19, 2026 argued in its headline that buyers should never allow it. Others treat it as routine. Georgia law, as summarized above, permits it only with written consent and lets each office decide whether to offer it at all. Whether it suits you depends on the deal and on how much you trust the arrangement, and you are allowed to say no.
Questions to ask before you say yes
- Does your office permit dual agency? May I see the written policy?
- If I sign with you, would I be a dual-agency client, have a designated agent, or be a customer?
- If dual agency, what will you not be able to do for me that a buyer’s agent alone could?
- If designated agency, who is my agent and who is the seller’s, and how are our files kept apart?
- How are you paid on this deal, and is any of it shared?
- If I decline, can you refer me to an agent at another firm?
Our page on dual and designated agency in Georgia covers the rules in more detail, and our guide to problems with an agent explains what to do if a relationship was never disclosed. This is general information, not legal advice; for a specific agreement, ask a Georgia attorney.
Questions people ask
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)
How do I know whether a brokerage allows dual agency?
Ask for its office policy. Every Georgia brokerage must adopt an office policy that either permits or rejects disclosed dual agency, and must disclose that policy.
Source: O.C.G.A. 10-6A-12(f)
Next step: answer a few questions in our agency relationship chooser to see which relationship you are in now, and which one you want before you sign.
Written by the Dahlonega Realtors Guide Editorial Team. AI tools help us draft; people check every fact before it publishes.
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.
