O.C.G.A.

10-6A-2 (2019)

Legislative findings; chapter as basis for private rights of actions and defenses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The General Assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships between real estate brokers and consumers of brokerage services in order to prevent detrimental misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated licensees to the extent not governed by specific written agreements between and among the parties. (b) The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker’s affiliated licensees. (c) The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers.

History

Code 1981, § 10-6A-2, enacted by Ga. L. 1993, p. 376, § 1; Ga. L. 2000, p. 929, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in

1993, “General Assembly” was substituted for “general assembly” at the first instance of the term in subsection (a).

JUDICIAL DECISIONS No breach of duties. - Trial court did not err in dismissing the buyers’ action against a real estate company and a real estate agent because any broker-client relationship between them and the company and the agent that could have been created when the agent executed the first purchase and sale agreement as both

the buyers’ agent and the seller’s agent ended when that agreement failed due to a low appraisal, and since the buyers engaged a buyer’s agent, the relationship between the company, agent, and buyers was that of broker-customer; in the absence of a written agreement between them, the duties of the company and the

agent were those set out in the Brokerage Relationships in Real Estate Transactions Act, O.C.G.A. § 10-6A-5, and although a broker who was engaged only by a seller owed a buyer, who was a “customer” rather than a “client” under the Act, O.C.G.A. § 10-6A-3(8), certain duties in

terms of disclosure of information, the buyers’ complaint did not aver that the company and agent breached any of those duties. Jones v. Bill Garlen Real Estate, 311 Ga. App. 372, 715 S.E.2d 777, 2011 Ga. App. LEXIS 733 (2011).

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2004–2022 · leading case: Harrouk v. Fierman, 662 S.E.2d 892 (Ga. Ct. App. 2008).

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Harrouk v. Fierman, 662 S.E.2d 892 (Ga. Ct. App. 2008). · cites it 4× “OCGA § 10-6A-2 (a). In this regard, BRRETA provides that, absent a written, signed agreement to the contrary, the duties and obligations imposed upon a real estate broker who performs brokerage services are limited to those set forth in the statute.”

Killearn Partners, Inc. v. Se. Props., Inc., 597 S.E.2d 578 (Ga. Ct. App. 2004). · cites it 4× “Killearn also quotes at length from OCGA § 10-6A-2, entitled “[legislative findings, determinations, and declarations; chapter as basis for private rights of actions and defenses,” a section that first appeared in BRRETA in 1993 and has remained substantially unchanged.”

Killearn Partners, Inc. v. Se. Props., Inc., 611 S.E.2d 26 (Ga. 2005). · cites it 2× “See OCGA § 10-6A-2 (a). 4 See, e.g., Dolvin Realty Co.”

Mitchell Realty Grp., LLC v. Holt, 596 S.E.2d 625 (Ga. Ct. App. 2004). · cites it 2× “3 OCGA § 10-6A-2 (a). 4 See OCGA §§ 10-6A-5 (a) (1); 10-6A-7 (a) (1).”

Asuamah v. Haley, 666 S.E.2d 426 (Ga. Ct. App. 2008). · cites it 2× “12 See OCGA § 10-6A-2 (a): “The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated licensees to the extent not governed by specific written agreements between and among the…”

Jones v. Bill Garlen Real Est., 715 S.E.2d 777 (Ga. Ct. App. 2011). · cites it 2× “The General Assembly enacted the Act “to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated licensees” where such relationships “are not governed by specific written agreements between and among the parties.”

Rzi Props., LLC v. S. Reo Assocs., LLC, 782 S.E.2d 731 (Ga. Ct. App. 2016). · cites it 2× “OCGA § 10-6A-2 (a). In this regard, BRRETAprovides that, absent a written, signed agreement to the contrary, the duties and obligations imposed upon a real estate broker who performs brokerage services are limited to those set forth in the statute.”

Robert John Starks v. Alice Carver (Ga. Ct. App. 2021). · cites it 2× “7 In contrast, a customer is defined as “a person who is not being represented by a real estate broker in an agency capacity pursuant to a brokerage engagement but for whom a broker may perform ministerial acts in a real estate transaction pursuant to either a verbal or written…”

Rodney Dennis v. Stefanie Wohlgemuth (Ga. Ct. App. 2022). · cites it 2× “366 , 368 (1) ( 861 SE2d 193 ) (2021); see also OCGA §§ 10-6A-2 (a); 10-6A-5. Specifically, the Act provides that, [a] broker engaged by a seller shall timely disclose the following to all parties with whom the broker is working: (1) All adverse material facts pertaining to the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.