Under this section, the default rule is that brokers owe their clients reasonable care and do not owe clients fiduciary duties, unless, of course, they so state in a written agreement executed by both parties. In 2016, there was a “reasonable care” case decided by the Georgia Court of Appeals, RZI Properties, LLC vs. A broker shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising reasonable care in the discharge of its specified duties as provided in this chapter and, in the case of a client, as specified in the brokerage engagement.” Section 10-6A-4(a) states, “A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties.
The Brokerage Relationships in Real Estate Transactions Act (“BRRETA”) is a consumer protection state statute that governs the relationship between real estate brokers and consumers of real estate brokerage services in Georgia in order to protect both brokers and consumers from issues that may arise from time-to-time regarding the relationship between the two. BRRETA states that if there is no written listing agreement or any other written agreement between a broker and a buyer or seller, the statute governs what duties the broker has to the client.
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