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O.C.G.A. § 10-6A-9

Duration of relationships between brokers and clients; conflict between duties owed to clients and customers

Known as the Brokerage Relationships in Real Estate Transactions Act

The act spans §§ 10-6A-1 to 10-6A-9 (16 sections).

Applied in 1 court decision — leading case Property Asset Brokerage, LLC v. Magna Associates Liquidating Trust (1999)

Most recently applied in Property Asset Brokerage, LLC v. Magna Associates Liquidating Trust (July 1999)

Code 1981, § 10-6A-9, enacted by Ga

(a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8, Code Section 10-6A-12, Code Section 10-6A-13, and an option to enter into a brokerage engagement shall commence at the time that the client engages the broker or executes an option to enter into a brokerage engagement, and shall continue until:

(1) Completion of performance of the engagement; or

(2) If paragraph (1) of this subsection is not applicable, then the earlier of:

(A) Any date of expiration agreed upon by the parties in the brokerage engagement, the option to enter into a brokerage engagement, or in any amendments thereto;

(B) Any authorized termination of the relationship; or

(C) If no expiration is provided and no authorized termination has occurred, then one year after initiation of the brokerage engagement or one year after the date the option to enter into a brokerage engagement was executed.

(b) Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, withdrawal, expiration, or completion of performance of the engagement, except:

(1) To account for all moneys and property relating to the engagement; and

(2) To keep confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, unless:

(A) The client permits the disclosure by subsequent word or conduct;

(B) Such disclosure is required by law; or

(C) The information becomes public from a source other than the broker.

(c) Notwithstanding any other provision to the contrary contained in this chapter, in the event a conflict arises between a broker’s duty to keep the confidence of a client and the duty not to give customers false information, the broker’s duty not to give false information to custom-

ers shall prevail and shall govern the broker’s actions. No cause of action shall arise on behalf of any person against a broker or the

broker’s affiliated licensees for revealing information in compliance

with this subsection.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.