Georgia Real Estate Sales Representative Agreement with Broker

State:
Multi-State
Control #:
US-01798BG
Format:
Word; 
Rich Text
Instant download

Description

A real estate broker offers services as agent in matters involving the sale, purchase, rental, and financing of real property. When selling property, brokers and agents arrange for title searches to verify ownership and for meetings between buyers and sellers during which they agree to the details of the transactions and in a final meeting, the new owners take possession of the property. They also may help to arrange favorable financing from a lender for the prospective buyer; often, this makes the difference between success and failure in closing a sale. In some cases, brokers and agents assume primary responsibility for closing sales; in others, lawyers or lenders do.


Agents and brokers spend a significant amount of time looking for properties to sell. They obtain listings -- agreements by owners to place properties for sale with the firm. When listing a property for sale, agents and brokers compare the listed property with similar properties that recently sold, in order to determine a competitive market price for the property. Following the sale of the property, both the agent who sold it and the agent who obtained the listing receive a portion of the commission. Thus agents who sell a property that they themselves have listed can increase their commission.

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FAQ

Today, the state of Georgia requires a written agreement to be in place for an agent to represent a buyer or tenant. This agreement called a Buyer Agency or Buyer Brokerage Agreement is when a Real Estate Agent or Broker enters into a contract to represent the Buyer in the purchase of a home or property.

A written and signed buyer agency agreement is required by Georgia law.

A Georgia real estate agent, for example, is authorized to handle real estate transactions but must work under a licensed broker. On the other hand, a broker is able to own their own company and to hire other agents to work for them. Agent license requirements: Must be at least 18 years old.

Dual agency occurs when a real estate agent works on behalf of both the home buyer and seller. In most real estate transactions, it is much more common to have separate agents represent each party, as this helps avoid the conflict of interest that can happen when an agent negotiates for both sides.

In other words, a dual agent represents both the buyer and seller in a real estate deal. Dual agency is illegal in the following eight states: Wyoming, Alaska, Vermont, Colorado, Flroida, Maryland, Texas, and Kansas. All the other states and the District of Columbia, permit dual agency.

Georgia law allows real estate brokers to act as dual agents if they first get the written consent of both parties.

In most cases, you should be able to terminate the agreement with a letter of cancellation or termination and reasonable grounds for the request. Usually either side can terminate this way. But because this is a legal contract, don't just part ways with a handshake.

Georgia law allows real estate brokers to act as dual agents if they first get the written consent of both parties. Consent is REQUIRED, dual agency is not a "surprise".

Negotiations: Out-of-State Broker shall conduct negotiations with any client or any Georgia Broker only with the express written permission of Georgia Broker. B. Advertisements: Any advertisement by any means of property located in Georgia shall identify a Georgia broker as the listing broker on said property.

The biggest problem with dual agency is this: a dual agent cannot by definition and sometimes by state law represent your best interests. The person is more of a referee than an agent. For example: if you're a buyer, you may want your agent to advise you on what price to offer for a home.

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Georgia Real Estate Sales Representative Agreement with Broker