Legislation Secretary of Senate Members Committees Meetings Home House
SB 425 - Brokerage Relationships in Real Est. Transactions Act-revise
Kemp, Rene' D (3rd) Brown, Robert (26th) Ray, II, William M (48th)
Status Summary SC: Judy HC: Ind FR: 02/08/00 LA: 04/28/00 Signed by Governor

First Reader Summary

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page Numbers: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Code Sections - 10-6A-1/ 10-6A-2/ 10-6A-3/ 10-6A-4/ 10-6A-5/ 10-6A-6/ 10-6A-7/ 10-6A-8/ 10-6A-9/ 10-6A-10/ 10-6A-11/ 10-6A-12

RECORDED VOTES
Vote # Date Yeas Nays Description
SV0772 2/28/00 052 000 PASSAGE AS AMENDED
HV2071 3/16/00 169 000 PASS

Senate Action House
2/8/00 Read 1st time 2/29/00
2/24/00 Favorably Reported 3/14/00
Am Committee Amend/Sub
2/25/00 Read 2nd Time 3/1/00
2/10/00 Committed
2/28/00 Read 3rd Time 3/16/00
2/28/00 Passed/Adopted 3/16/00
CA Comm/Floor Amend/Sub
4/4/00 Sent To Governor
4/28/00 Signed by Governor
730 Act/Veto Number
7/1/00 Effective Date
Version by LC Number
LC 22 3899ER As Introduced
SB425/AP H - Passed/Adopted (CA )
SB425/CA/3 S - Passed/Adopted (CA)

SB 425 00                                            SB425/AP 
 
      SENATE BILL 425 
 
      By:  Senators Kemp of the 3rd, Brown of the 26th, 
           Ray of the 48th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 10 of the Official Code of Georgia Annotated, 
  1- 2  relating to commerce, so as to revise extensively the 
  1- 3  "Brokerage Relationships in Real Estate Transactions Act;" 
  1- 4  to revise and add definitions; to change the duties owed by 
  1- 5  a broker to a client, customer, seller, buyer, tenant, or 
  1- 6  landlord; to change disclosure provisions; to change the 
  1- 7  standard of skill in some circumstances; to provide for a 
  1- 8  duty of keeping certain information confidential; to provide 
  1- 9  for exceptions; to provide for a duty to disclose certain 
  1-10  material facts regarding adverse physical conditions in the 
  1-11  neighborhood of a property; to change provisions regarding a 
  1-12  broker's liability for providing false information; to 
  1-13  immunize a broker from liability in certain circumstances, 
  1-14  absent a finding of fraud; to change provisions relating to 
  1-15  ministerial acts; to provide for a broker's duty in the 
  1-16  event of a conflict between the duty to keep a client's 
  1-17  confidence and the duty not to give false information to a 
  1-18  customer; to change requirements for brokerage engagements; 
  1-19  to change provisions relating to dual agency; to provide for 
  1-20  designated agents; to provide for ministerial acts and 
  1-21  duties of transaction brokers; to provide for related 
  1-22  matters; to repeal conflicting laws; and for other purposes. 
 
  1-23       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-24                           SECTION 1. 
 
  1-25  Title 10 of the Official Code of Georgia Annotated, relating 
  1-26  to commerce, is amended by striking in its entirety Chapter 
  1-27  6A, the "Brokerage Relationships in Real Estate Transactions 
  1-28  Act," and inserting in its place the following: 
 
 
 
  1-29    10-6A-1. 
 
  1-30    This chapter shall be known as and may be cited as the 
  1-31    'Brokerage Relationships in Real Estate Transactions Act.' 
 
 
 
 
                                 -1- 
 
 
 
  2- 1    10-6A-2. 
 
  2- 2    (a) The General Assembly finds, determines, and declares 
  2- 3    that application of the common law of agency to the 
  2- 4    relationships between real estate brokers and persons who 
  2- 5    are sellers, buyers, landlords and tenants of rights and 
  2- 6    interests in real property has resulted in 
  2- 7    misunderstandings and consequences that have been contrary 
  2- 8    to the best interests of the public; the General Assembly 
  2- 9    further finds, determines, and declares that the real 
  2-10    estate brokerage industry has a significant impact upon 
  2-11    the economy of the State of Georgia and that it is in the 
  2-12    best interests of the public to provide codification of 
  2-13    the relationships between real estate brokers and 
  2-14    consumers of brokerage services in order to prevent 
  2-15    detrimental misunderstandings and misinterpretations of 
  2-16    such relationships by both consumers and real estate 
  2-17    brokers and thus promote and provide stability in the real 
  2-18    estate market.  The provisions of this chapter are enacted 
  2-19    to govern the relationships between sellers, landlords, 
  2-20    buyers, tenants, and real estate brokers and their 
  2-21    affiliated licensees to the extent not governed by 
  2-22    individual specific written agreements between and among 
  2-23    the parties. 
 
  2-24    (b) The General Assembly further finds, determines, and 
  2-25    declares that the provisions of this chapter are not 
  2-26    intended to prescribe or affect the contractual 
  2-27    relationships as between real estate brokers and the 
  2-28    broker's affiliated licensees. 
 
  2-29    (c) The provisions of this chapter may serve as a basis 
  2-30    for private rights of action and defenses by sellers, 
  2-31    buyers, landlords, tenants, and real estate brokers. 
 
  2-32    10-6A-3. 
 
  2-33    As used in this chapter, the term: 
 
  2-34      (1) 'Agency' means every relationship in which a real 
  2-35      estate broker acts for or represents another as a client 
  2-36      by the latter's express written authority in a real 
  2-37      property transaction. 
 
  2-38      (2) 'Broker' means any individual or entity issued a 
  2-39      broker's real estate license by the Georgia Real Estate 
  2-40      Commission pursuant to Chapter 40 of Title 43.  The term 
  2-41      'broker' includes the broker's affiliated licensees 
  2-42      except where the context would otherwise indicate. 
 
 
 
                                 -2- 
 
 
 
  3- 1      (3) 'Brokerage' means the business or occupation of a 
  3- 2      real estate broker. 
 
  3- 3      (4) 'Brokerage engagement' means an express a written or 
  3- 4      oral contract wherein the seller, buyer, landlord, or 
  3- 5      tenant becomes the client of the broker and promises to 
  3- 6      pay the real estate broker a valuable consideration or 
  3- 7      agrees that the real estate broker may receive a 
  3- 8      valuable consideration from another in consideration of 
  3- 9      the broker producing a seller, buyer, tenant, or 
  3-10      landlord ready, able, and willing to sell, buy, or rent 
  3-11      the property or performing other brokerage services. 
 
  3-12      (5) 'Brokerage relationship' means the resulting agency 
  3-13      and nonagency relationships which may be formed between 
  3-14      the broker and the broker's client as a result of the 
  3-15      brokerage engagement clients and customers, as described 
  3-16      in this chapter. 
 
  3-17      (6) 'Client' means a person who has entered into a 
  3-18      brokerage engagement with is being represented by a real 
  3-19      estate broker in an agency capacity pursuant to a 
  3-20      brokerage engagement. 
 
  3-21      (7) 'Common source information companies' means any 
  3-22      person, firm, or corporation that is a source, compiler, 
  3-23      or supplier of information regarding real estate for 
  3-24      sale or lease and other data and includes but is not 
  3-25      limited to multiple listing services. 
 
  3-26      (8) 'Customer' means a person who has not entered into a 
  3-27      brokerage engagement with a broker is not being 
  3-28      represented by a real estate broker in an agency 
  3-29      capacity pursuant to a brokerage engagement but for whom 
  3-30      a broker may perform ministerial acts in a real estate 
  3-31      transaction pursuant to either a verbal or written 
  3-32      agreement. 
 
  3-33      (9) 'Designated agent' means one or more licensees 
  3-34      affiliated with a broker who are assigned by the broker 
  3-35      to represent solely one client to the exclusion of all 
  3-36      other clients in the same transaction and to the 
  3-37      exclusion of all other licensees affiliated with the 
  3-38      broker. 
 
  3-39      (9)(10) 'Dual agent' means a broker who has a brokerage 
  3-40      simultaneously has a client relationship with both 
  3-41      seller and buyer or both landlord and tenant in the same 
  3-42      real estate transaction.  
 
 
 
                                 -3- 
 
 
 
  4- 1      (10) 'Limited agent' means a broker who, acting under 
  4- 2      the authority of a brokerage engagement, solicits offers 
  4- 3      to purchase, sell, lease, or exchange real property 
  4- 4      without being subject to the control of the client 
  4- 5      except as to the result of the work. 
 
  4- 6      (11) 'Material facts' means those facts that a party 
  4- 7      does not know, could not reasonably discover, and would 
  4- 8      reasonably want to know. 
 
  4- 9      (11)(12) 'Ministerial acts' means those acts which a 
  4-10      broker or affiliated licensee performs for a person 
  4-11      described in Code Section 10-6A-10 and such other acts 
  4-12      which do not require discretion or the exercise of the 
  4-13      broker's or affiliated licensee's own judgment the 
  4-14      exercise of the broker's or the broker's affiliated 
  4-15      licensee's professional judgment or skill. 
 
  4-16      (12)(13) 'Timely' means seasonable; a reasonable time 
  4-17      under the particular circumstances. 
 
  4-18      (14) 'Transaction broker' means a broker who has not 
  4-19      entered into a client relationship with any of the 
  4-20      parties to a particular real estate transaction and who 
  4-21      performs only ministerial acts on behalf of one or more 
  4-22      of the parties, but who is paid valuable consideration 
  4-23      by one or more parties to the transaction pursuant to a 
  4-24      verbal or written agreement for performing brokerage 
  4-25      services. 
 
  4-26    10-6A-4. 
 
  4-27    (a) A broker who performs brokerage services under a 
  4-28    brokerage engagement for another is a limited agent, 
  4-29    unless a different legal relationship between the broker 
  4-30    and the person for whom the broker performs the service is 
  4-31    intended and is reduced to writing and for a client or 
  4-32    customer shall owe the client or customer only the duties 
  4-33    and obligations set forth in this chapter, unless the 
  4-34    parties expressly agree otherwise in a writing signed by 
  4-35    the parties. If a A broker is not a limited agent, then 
  4-36    notice of said different relationship shall be timely 
  4-37    furnished to all parties to the proposed real estate 
  4-38    transaction.  Except as set out in this chapter, a limited 
  4-39    agent shall not be deemed to have a fiduciary relationship 
  4-40    with any party or fiduciary obligations to any party but 
  4-41    shall only be responsible for exercising ordinary 
  4-42    reasonable care in the discharge of its specified duties 
  4-43    under as provided in this chapter and, in the case of a 
 
 
                                 -4- 
 
 
 
  5- 1    client, as specified in the brokerage engagement.  Unless 
  5- 2    a broker enters into a brokerage engagement with a person, 
  5- 3    it shall be presumed that the person is a customer of the 
  5- 4    broker rather than a client. 
 
  5- 5    (b) Whenever a broker's relationship to customers or 
  5- 6    clients changes among broker and customer, limited agent 
  5- 7    and client, dual agent, or such other different legal 
  5- 8    relationship as the parties may agree, the broker shall 
  5- 9    disclose that fact broker with an existing brokerage 
  5-10    relationship with either a customer or a client enters 
  5-11    into a new brokerage relationship with the customer or 
  5-12    client, the broker shall timely disclose that fact and the 
  5-13    new brokerage relationship to all brokers, customers, or 
  5-14    clients involved in the contemplated real estate 
  5-15    transaction and set out the nature of the new relationship 
  5-16    to the customers or clients and the broker's duties under 
  5-17    this chapter. 
 
  5-18    10-6A-5. 
 
  5-19    (a) A broker engaged by a seller shall: 
 
  5-20      (1) Perform the terms of the brokerage engagement made 
  5-21      with the seller; 
 
  5-22      (2) Promote the interests of the seller by: 
 
  5-23        (A) Seeking a sale at the price and terms stated in 
  5-24        the brokerage engagement or at a price and terms 
  5-25        acceptable to the seller; provided, however, the 
  5-26        broker shall not be obligated to seek additional 
  5-27        offers to purchase the property while the property is 
  5-28        subject to a contract of sale, unless the brokerage 
  5-29        engagement so provides; 
 
  5-30        (B) Timely presenting all offers to and from the 
  5-31        seller, even when the property is subject to a 
  5-32        contract of sale; 
 
  5-33        (C) Disclosing to the seller material facts which the 
  5-34        broker has actual knowledge concerning the 
  5-35        transaction; 
 
  5-36        (D) Advising the seller to obtain expert advice as to 
  5-37        material matters which are beyond the expertise of the 
  5-38        broker; and 
 
  5-39        (E) Timely accounting for all money and property 
  5-40        received in which the seller has or may have an 
  5-41        interest; 
 
 
                                 -5- 
 
 
 
  6- 1      (3) Exercise reasonable skill and care in performing the 
  6- 2      duties set forth in this subsection and such other 
  6- 3      duties, if any, as may be agreed to by the parties in 
  6- 4      the brokerage engagement; and 
 
  6- 5      (4) Comply with all requirements of this chapter and all 
  6- 6      applicable statutes and regulations, including but not 
  6- 7      limited to fair housing and civil rights statutes.; and 
 
  6- 8      (5) Keep confidential all information received by the 
  6- 9      broker during the course of the engagement which is made 
  6-10      confidential by an express request or instruction from 
  6-11      the seller unless the seller permits such disclosure by 
  6-12      subsequent word or conduct, or such disclosure is 
  6-13      required by law; provided, however, that disclosures 
  6-14      between a broker and any of the broker's affiliated 
  6-15      licensees assisting the broker in representing the 
  6-16      seller shall not be deemed to breach the duty of 
  6-17      confidentiality described above. 
 
  6-18    (b) Brokers shall treat all prospective buyers honestly 
  6-19    and shall not knowingly give them false information.  A 
  6-20    broker engaged by a seller shall timely disclose the 
  6-21    following to prospective buyers all parties with whom the 
  6-22    broker is working: 
 
  6-23      (1) all material All adverse material facts pertaining 
  6-24      to the physical condition of the property and 
  6-25      improvements located on such property including but not 
  6-26      limited to material defects in the property, 
  6-27      environmental contamination, and facts required by 
  6-28      statute or regulation to be disclosed which are actually 
  6-29      known by the broker which could not be discovered by a 
  6-30      reasonably diligent inspection of the property by the 
  6-31      buyer.  A; and 
 
  6-32      (2) All material facts pertaining to existing adverse 
  6-33      physical conditions in the immediate neighborhood within 
  6-34      one mile of the property which are actually known to the 
  6-35      broker and which could not be discovered by the buyer 
  6-36      upon a diligent inspection of the neighborhood or 
  6-37      through the review of reasonably available governmental 
  6-38      regulations, documents, records, maps, and statistics. 
  6-39      Examples of reasonably available governmental 
  6-40      regulations, documents, records, maps, and statistics 
  6-41      shall include without limitation: land use maps and 
  6-42      plans; zoning ordinances; recorded plats and surveys; 
  6-43      transportation maps and plans; maps of flood plains; tax 
 
 
 
                                 -6- 
 
 
 
  7- 1      maps; school district boundary maps; and maps showing 
  7- 2      the boundary lines of governmental jurisdictions. 
  7- 3      Nothing in this subsection shall be deemed to create any 
  7- 4      duty on the part of a broker to discover or seek to 
  7- 5      discover either adverse material facts pertaining to the 
  7- 6      physical condition of the property or existing adverse 
  7- 7      conditions in the immediate neighborhood. Brokers shall 
  7- 8      not knowingly give prospective buyers false information; 
  7- 9      provided, however, that a broker shall not be liable to 
  7-10      a buyer for providing false information to the buyer if 
  7-11      the false information was provided to the broker by the 
  7-12      broker's seller-client and the broker did not have 
  7-13      actual knowledge that the information was false and 
  7-14      discloses to the buyer the source of the information. 
  7-15      Nothing in this subsection shall limit any obligation of 
  7-16      a seller under any applicable law to disclose to 
  7-17      prospective buyers all material adverse material facts 
  7-18      actually known by the seller pertaining to the physical 
  7-19      condition of the property nor shall it limit the 
  7-20      obligation of prospective buyers to inspect and to 
  7-21      familiarize themselves with potentially adverse 
  7-22      conditions related to the physical condition of the 
  7-23      property, any improvements located on the property, and 
  7-24      the neighborhood in which the property is located.  No 
  7-25      cause of action shall arise on behalf of any person 
  7-26      against a broker for revealing information in compliance 
  7-27      with this subsection. No broker shall be liable for 
  7-28      failure to disclose any matter other than those matters 
  7-29      enumerated in this subsection.  Violations of this 
  7-30      subsection shall not create liability on the part of the 
  7-31      broker absent a finding of fraud on the part of the 
  7-32      broker. 
 
  7-33    (c) A broker engaged by a seller in a real estate 
  7-34    transaction may provide assistance to the buyer by 
  7-35    performing such ministerial acts as preparing offers and 
  7-36    conveying them to the seller; locating lenders, 
  7-37    inspectors, attorneys, insurance agents, surveyors, 
  7-38    schools, shopping facilities, places of worship, and all 
  7-39    such other like or similar services of the type described 
  7-40    in Code Section 10-6A-14; and performing such ministerial 
  7-41    acts shall not be construed in such a manner as to violate 
  7-42    the broker's brokerage engagement with the seller nor 
  7-43    shall performing such ministerial acts for the buyer be 
  7-44    construed in such a manner as to form a brokerage 
  7-45    engagement with the buyer. 
 
 
 
                                 -7- 
 
 
 
  8- 1    (d) A broker engaged by a seller does not breach any duty 
  8- 2    or obligation by showing alternative properties to 
  8- 3    prospective buyers. 
 
  8- 4    10-6A-6. 
 
  8- 5    (a) A broker engaged by a landlord shall: 
 
  8- 6      (1) Perform the terms of the brokerage engagement made 
  8- 7      with the landlord; 
 
  8- 8      (2) Promote the interests of the landlord by: 
 
  8- 9        (A) Seeking a tenant at the price and terms stated in 
  8-10        the brokerage engagement or at a price and terms 
  8-11        acceptable to the landlord; provided, however, the 
  8-12        broker shall not be obligated to seek additional 
  8-13        offers to lease the property while the property is 
  8-14        subject to a lease, or letter of intent to lease, 
  8-15        unless the brokerage engagement so provides; 
 
  8-16        (B) Timely presenting all offers to and from the 
  8-17        landlord, even when the property is subject to a lease 
  8-18        or a letter of intent to lease; 
 
  8-19        (C) Disclosing to the landlord adverse material facts 
  8-20        of which the broker has actual knowledge concerning 
  8-21        the transaction; 
 
  8-22        (D) Advising the landlord to obtain expert advice as 
  8-23        to material matters which are beyond the expertise of 
  8-24        the broker; and 
 
  8-25        (E) Timely accounting for all money and property 
  8-26        received in which the landlord has or may have an 
  8-27        interest; 
 
  8-28      (3) Exercise reasonable ordinary skill and care in 
  8-29      performing the duties set forth in this subsection and 
  8-30      such other duties as may be agreed to by the parties in 
  8-31      the brokerage agreement; and 
 
  8-32      (4) Comply with all requirements of this chapter and all 
  8-33      applicable statutes and regulations, including but not 
  8-34      limited to fair housing and civil rights statutes.; and 
 
  8-35      (5) Keep confidential all information received by the 
  8-36      broker during the course of the engagement which is made 
  8-37      confidential by an express request or instruction from 
  8-38      the landlord unless the landlord permits such disclosure 
  8-39      by subsequent word or conduct, or such disclosure is 
  8-40      required by law; provided, however, that disclosures 
 
 
                                 -8- 
 
 
 
  9- 1      between a broker and any of the broker's affiliated 
  9- 2      licensees assisting the broker in representing the 
  9- 3      seller shall not be deemed to breach the duty of 
  9- 4      confidentiality described above. 
 
  9- 5    (b) Brokers shall treat all prospective tenants honestly 
  9- 6    and shall not knowingly give them false information.  A 
  9- 7    broker engaged by a landlord shall timely disclose to 
  9- 8    prospective tenants with whom the broker is working: 
 
  9- 9      (1) all material All adverse material facts pertaining 
  9-10      to the physical condition of the property and 
  9-11      improvements located on the property including, but not 
  9-12      limited to, material defects in the property, 
  9-13      environmental contamination, and facts required by 
  9-14      statute or regulation to be disclosed which are actually 
  9-15      known by the broker which could not be discovered by a 
  9-16      reasonably diligent inspection of the property by the 
  9-17      tenant. A; and 
 
  9-18      (2) All material facts pertaining to existing adverse 
  9-19      physical conditions in the immediate neighborhood within 
  9-20      one mile of the property which are actually known to the 
  9-21      broker and which could not be discovered by the tenant 
  9-22      upon a diligent inspection of the neighborhood or 
  9-23      through the review of reasonably available governmental 
  9-24      regulations, documents, records, maps, and statistics. 
  9-25      Examples of reasonably available governmental 
  9-26      regulations, documents, records, maps, and statistics 
  9-27      shall include without limitation:  land use maps and 
  9-28      plans; zoning ordinances; recorded plats and surveys; 
  9-29      transportation maps and plans; maps of flood plains; tax 
  9-30      maps; school district boundary maps; and maps showing 
  9-31      the boundary lines of governmental jurisdictions. 
  9-32      Nothing in this subsection shall be deemed to create any 
  9-33      duty on the part of a broker to discover or seek to 
  9-34      discover either adverse material facts pertaining to the 
  9-35      physical condition of the property or existing adverse 
  9-36      conditions in the immediate neighborhood.  Brokers shall 
  9-37      not knowingly give prospective tenants false 
  9-38      information; provided, however, that a broker shall not 
  9-39      be liable to a tenant for providing false information to 
  9-40      the tenant if the false information was provided to the 
  9-41      broker by the broker's landlord-client and the broker 
  9-42      did not have actual knowledge that the information was 
  9-43      false and discloses to the tenant the source of the 
  9-44      information. Nothing in this subsection shall limit any 
 
 
 
                                 -9- 
 
 
 
 10- 1      obligation of the landlord under any applicable law to 
 10- 2      disclose to prospective tenants all material adverse 
 10- 3      material facts actually known by the landlord pertaining 
 10- 4      to the physical condition of the property nor shall it 
 10- 5      limit the obligation of prospective tenants to inspect 
 10- 6      and to familiarize themselves with potentially adverse 
 10- 7      conditions in the physical condition of the property, 
 10- 8      any improvements located on the property, and the 
 10- 9      surrounding neighborhood.  No cause of action by any 
 10-10      person shall arise on behalf of any person against a 
 10-11      broker for revealing information in compliance with this 
 10-12      subsection. No broker shall be liable for failure to 
 10-13      disclose any matter other than those matters enumerated 
 10-14      in this subsection.  Violations of this subsection shall 
 10-15      not create liability on the part of the broker absent a 
 10-16      finding of fraud on the part of the broker. 
 
 10-17    (c) A broker engaged by a landlord in a real estate 
 10-18    transaction may provide assistance to the tenant by 
 10-19    performing such ministerial acts as preparing offers and 
 10-20    conveying them to the landlord; locating inspectors, 
 10-21    attorneys, insurance agents, schools, shopping facilities, 
 10-22    places of worship, and all such other like or similar 
 10-23    services of the type described in Code Section 10-6A-14; 
 10-24    and performing such ministerial acts shall not be 
 10-25    construed in such a manner as to violate the broker's 
 10-26    brokerage engagement with the landlord nor shall 
 10-27    performing such ministerial acts for the tenant be 
 10-28    construed in such a manner as to form a brokerage 
 10-29    engagement with the tenant. 
 
 10-30    (d) A broker engaged by a landlord does not breach any 
 10-31    duty or obligation by showing alternative properties to 
 10-32    prospective tenants. 
 
 10-33    10-6A-7. 
 
 10-34    (a) A broker engaged by a buyer shall: 
 
 10-35      (1) Perform the terms of the brokerage engagement made 
 10-36      with the buyer; 
 
 10-37      (2) Promote the interests of the buyer by: 
 
 10-38        (A) Seeking a property at a price and terms acceptable 
 10-39        to the buyer; provided, however, the broker shall not 
 10-40        be obligated to seek other properties for the buyer 
 10-41        while the buyer is a party to a contract to purchase 
 10-42        property, unless the brokerage engagement so provides; 
 
 
 
                                 -10- 
 
 
 
 11- 1        (B) Timely presenting all offers to and from the 
 11- 2        buyer, even when the buyer is a party to a contract to 
 11- 3        purchase property; 
 
 11- 4        (C) Disclosing to the buyer adverse material facts of 
 11- 5        which the broker has actual knowledge concerning the 
 11- 6        transaction; 
 
 11- 7        (D) Advising the buyer to obtain expert advice as to 
 11- 8        material matters which are beyond the expertise of the 
 11- 9        broker; and 
 
 11-10        (E) Timely accounting for all money and property 
 11-11        received in which the buyer has or may have an 
 11-12        interest; 
 
 11-13      (3) Exercise reasonable ordinary skill and care in 
 11-14      performing the duties set forth in this subsection and 
 11-15      such other duties as may be agreed to by the parties; 
 11-16      and 
 
 11-17      (4) Comply with all requirements of this chapter and all 
 11-18      applicable statutes and regulations, including but not 
 11-19      limited to fair housing and civil rights statutes.; and 
 
 11-20      (5) Keep confidential all information received by the 
 11-21      broker during the course of the engagement which is made 
 11-22      confidential by an express request or instruction from 
 11-23      the buyer unless the buyer permits such disclosure by 
 11-24      subsequent word or conduct, or such disclosure is 
 11-25      required by law; provided, however, that disclosures 
 11-26      between a broker and any of the broker's affiliated 
 11-27      licensees assisting the broker in representing the buyer 
 11-28      shall not be deemed to breach the duty of 
 11-29      confidentiality described above. 
 
 11-30    (b) Brokers shall treat all prospective sellers honestly 
 11-31    and shall not knowingly give them false information.  A 
 11-32    broker engaged by a buyer shall timely disclose to a 
 11-33    prospective seller with whom the broker is working as a 
 11-34    customer and who is selling property which will be 
 11-35    financed either by a loan assumption or by the seller's 
 11-36    providing a part or all of the financing all material 
 11-37    adverse facts actually known by the broker concerning the 
 11-38    buyer's financial ability to perform the terms of the sale 
 11-39    and, in the case of a residential transaction, the buyer's 
 11-40    intent to occupy the property as a principal residence.  A 
 11-41    broker Brokers shall not knowingly give prospective 
 11-42    sellers false information; provided, however, that a 
 
 
 
                                 -11- 
 
 
 
 12- 1    broker shall not be liable to a seller for providing false 
 12- 2    information to the seller if the false information was 
 12- 3    provided to the broker by the broker's buyer-client and 
 12- 4    the broker did not have actual knowledge that the 
 12- 5    information was false and discloses to the seller the 
 12- 6    source of the information.  Nothing in this subsection 
 12- 7    shall limit the obligation of the prospective buyer under 
 12- 8    any applicable law to disclose to the prospective seller 
 12- 9    all material adverse material facts actually known by the 
 12-10    buyer concerning the buyer's financial ability to perform 
 12-11    the terms of the sale and, in the case of a residential 
 12-12    transaction, the buyer's intent to occupy the property as 
 12-13    a principal residence.  No cause of action shall arise on 
 12-14    behalf of any person against a broker for revealing 
 12-15    information in compliance with this subsection. 
 12-16    Violations of this subsection shall not create liability 
 12-17    on the part of the broker absent a finding of fraud on the 
 12-18    part of the broker. 
 
 12-19    (c) A broker engaged by a buyer in a real estate 
 12-20    transaction may provide assistance to the seller by 
 12-21    performing such ministerial acts as preparing and 
 12-22    conveying offers to the buyer; locating inspectors, 
 12-23    attorneys, surveyors, and all such other like or similar 
 12-24    services of the type described in Code Section 10-6A-14; 
 12-25    and performing such ministerial acts shall not be 
 12-26    construed in such a manner as to violate the broker's 
 12-27    brokerage engagement with the buyer nor shall performing 
 12-28    such ministerial acts for the seller be construed in such 
 12-29    a manner as to form a brokerage engagement with the 
 12-30    seller. 
 
 12-31    (d) A broker engaged by a buyer does not breach any duty 
 12-32    or obligation by showing properties in which the buyer is 
 12-33    interested to other prospective buyers. 
 
 12-34    10-6A-8. 
 
 12-35    (a) A broker engaged by a tenant shall: 
 
 12-36      (1) Perform the terms of the brokerage engagement made 
 12-37      with the tenant; 
 
 12-38      (2) Promote the interests of the tenant by: 
 
 12-39        (A) Seeking a property to lease at a price and terms 
 12-40        acceptable to the tenant; provided, however, the 
 12-41        broker shall not be obligated to seek other properties 
 12-42        for the tenant while the tenant is a party to a lease 
 
 
 
                                 -12- 
 
 
 
 13- 1        or a letter of intent to lease unless the brokerage 
 13- 2        engagement so provides; 
 
 13- 3        (B) Timely presenting all offers to and from the 
 13- 4        tenant, even when the tenant is a party to a lease or 
 13- 5        a letter of intent to lease; 
 
 13- 6        (C) Disclosing to the tenant adverse material facts of 
 13- 7        which the broker has actual knowledge concerning the 
 13- 8        transaction; 
 
 13- 9        (D) Advising the tenant to obtain expert advice as to 
 13-10        material matters which are beyond the expertise of the 
 13-11        broker; and 
 
 13-12        (E) Timely accounting for all money and property 
 13-13        received in which the tenant has or may have an 
 13-14        interest; 
 
 13-15      (3) Exercise reasonable ordinary skill and care in 
 13-16      performing the duties set forth in this subsection and 
 13-17      such other duties as may be agreed to by the parties; 
 13-18      and 
 
 13-19      (4) Comply with all requirements of this chapter and all 
 13-20      applicable statutes and regulations, including but not 
 13-21      limited to fair housing and civil rights statutes.; and 
 
 13-22      (5) Keep confidential all information received by the 
 13-23      broker during the course of the engagement which is made 
 13-24      confidential by an express request or instruction from 
 13-25      the tenant unless the tenant permits such disclosure by 
 13-26      subsequent word or conduct, or such disclosure is 
 13-27      required by law; provided, however, that disclosures 
 13-28      between a broker and any of the broker's affiliated 
 13-29      licensees assisting the broker in representing the 
 13-30      seller shall not be deemed to breach the duty of 
 13-31      confidentiality described above. 
 
 13-32    (b) Brokers shall treat all prospective landlords honestly 
 13-33    and shall not knowingly give them false information.  A 
 13-34    broker engaged by a tenant shall timely disclose to a 
 13-35    prospective landlord with whom the broker is working all 
 13-36    material adverse material facts actually known by the 
 13-37    broker concerning the tenant's financial ability to 
 13-38    perform the terms of the lease or letter of intent to 
 13-39    lease or intent to occupy the property.  A Brokers shall 
 13-40    not knowingly give prospective landlords false 
 13-41    information; provided, however, that a broker shall not be 
 13-42    liable to a landlord for providing false information to 
 
 
                                 -13- 
 
 
 
 14- 1    the landlord if the false information was provided to the 
 14- 2    broker by the broker's tenant-client and the broker did 
 14- 3    not have actual knowledge that the information was false 
 14- 4    and the broker discloses to the landlord the source of the 
 14- 5    information.  Nothing in this subsection shall limit any 
 14- 6    obligation of the prospective tenant under any applicable 
 14- 7    law to disclose to a prospective landlord all material 
 14- 8    adverse material facts actually known by the tenant 
 14- 9    concerning the tenant's financial ability to perform the 
 14-10    terms of the lease or letter of intent to lease or intent 
 14-11    to occupy the property.  No cause of action shall arise on 
 14-12    behalf of any person against a broker for revealing 
 14-13    information in compliance with this subsection. No broker 
 14-14    shall be liable for failure to disclose any matter other 
 14-15    than those matters enumerated in this subsection. 
 14-16    Violations of this subsection shall not create liability 
 14-17    on the part of the broker absent a finding of fraud on the 
 14-18    part of the broker. 
 
 14-19    (c) A broker engaged by a tenant in a real estate 
 14-20    transaction may provide assistance to the landlord by 
 14-21    performing such ministerial acts as preparing and 
 14-22    conveying offers to the tenant; locating draftsmen or 
 14-23    architects, attorneys, surveyors, and all such other like 
 14-24    or similar services; of the type described in Code Section 
 14-25    10-6A-14; and performing such ministerial acts shall not 
 14-26    be construed in such a manner as to violate the broker's 
 14-27    brokerage engagement with the tenant nor shall performing 
 14-28    such ministerial acts for the landlord be construed in 
 14-29    such a manner as to form a brokerage engagement with the 
 14-30    landlord. 
 
 14-31    (d) A broker engaged by a tenant does not breach any duty 
 14-32    or obligation by showing properties in which the tenant is 
 14-33    interested to other prospective tenants. 
 
 14-34    10-6A-9. 
 
 14-35    (a) The relationships set forth in Code Sections 10-6A-4 
 14-36    through 10-6A-8 and Code Sections 10-6A-12 and 10-6A-13 
 14-37    shall commence at the time that the client engages the 
 14-38    broker, and shall continue until: 
 
 14-39      (1) Completion of performance of the engagement; or 
 
 14-40      (2) If paragraph (1) of this subsection is not 
 14-41      applicable, then the earlier of: 
 
 
 
 
                                 -14- 
 
 
 
 15- 1        (A) Any date of expiration agreed upon by the parties 
 15- 2        in the brokerage agreement engagement or in any 
 15- 3        amendments thereto; 
 
 15- 4        (B) Any authorized termination of the relationship; or 
 
 15- 5        (C) If no expiration is provided and no termination 
 15- 6        has occurred, then one year after initiation of the 
 15- 7        engagement. 
 
 15- 8    (b) Except as otherwise agreed in writing and as provided 
 15- 9    in subsection (a) of this Code section, a broker owes no 
 15-10    further duties to the client after termination, 
 15-11    withdrawal, expiration, or completion of performance of 
 15-12    the engagement, except: 
 
 15-13      (1) To account for all moneys and property relating to 
 15-14      the engagement; and 
 
 15-15      (2) To keep confidential all information received during 
 15-16      the course of the engagement which was made confidential 
 15-17      by request or instructions from the client, unless: 
 
 15-18        (A) The client permits the disclosure by subsequent 
 15-19        word or conduct; 
 
 15-20        (B) Such disclosure is required by law; or 
 
 15-21        (C) The information becomes public from a source other 
 15-22        than the broker. 
 
 15-23    (c) Notwithstanding any other provision to the contrary 
 15-24    contained in this chapter, in the event a conflict arises 
 15-25    between a broker's duty to keep the confidence of a client 
 15-26    and the duty not to give customers false information, the 
 15-27    broker's duty not to give false information to customers 
 15-28    shall prevail and shall govern the broker's actions.  No 
 15-29    cause of action shall arise on behalf of any person 
 15-30    against a broker or the broker's affiliated licensees for 
 15-31    revealing information in compliance with this subsection. 
 
 15-32    10-6A-10. 
 
 15-33    (a) Prior to entering into any of the brokerage engagement 
 15-34    relationships enumerated in Code Sections 10-6A-4 through 
 15-35    10-6A-8, a broker shall All brokerage engagements must: 
 
 15-36      (1) Advise the prospective client of the types of 
 15-37      brokerage agency relationships available through the 
 15-38      broker; 
 
 
 
 
                                 -15- 
 
 
 
 16- 1      (2) Advise such prospective client of any other 
 16- 2      brokerage relationships held by such broker with other 
 16- 3      parties which would conflict with any interests of the 
 16- 4      prospective client actually known to the broker but 
 16- 5      excluding the fact that the broker may be representing 
 16- 6      other sellers and landlords in selling or leasing 
 16- 7      property or that the broker may be representing other 
 16- 8      buyers and tenants in buying or leasing other property; 
 16- 9      and 
 
 16-10      (3) Advise such prospective client as to the broker's 
 16-11      compensation and whether the broker will share such 
 16-12      compensation with other brokers who may represent other 
 16-13      parties to the transaction in an agency capacity; and 
 
 16-14      (4) Advise the prospective client of the broker's 
 16-15      obligations to keep information confidential under this 
 16-16      chapter. 
 
 16-17    (b) An offer of cooperation with another broker or to 
 16-18    compensate another broker shall not be made to other 
 16-19    brokers without timely disclosure to the party engaging 
 16-20    the broker. 
 
 16-21    10-6A-11. 
 
 16-22    The payment or promise of payment of compensation to a 
 16-23    broker does by a seller, landlord, buyer, or tenant shall 
 16-24    not determine whether a brokerage engagement relationship 
 16-25    has been created between any broker and a seller, 
 16-26    landlord, buyer, or tenant. 
 
 16-27    10-6A-12. 
 
 16-28    (a) A broker may act as a dual agent only with the written 
 16-29    consent of all clients.  Such written consent shall be 
 16-30    presumed to have been given and to be informed as against 
 16-31    any client who signs a writing or writings which contains 
 16-32    contain the following: 
 
 16-33      (1) A description of the transactions or types of 
 16-34      transactions in which the broker will serve as a dual 
 16-35      agent; 
 
 16-36      (2) A statement that, in serving as a dual agent, the 
 16-37      broker represents two clients whose interests are or at 
 16-38      times could be different or even adverse; 
 
 16-39      (3) A statement that a dual agent may not will disclose 
 16-40      to any client all adverse material facts relevant to the 
 16-41      transaction and actually known to the dual agent to all 
 
 
                                 -16- 
 
 
 
 17- 1      parties in the transaction except for information made 
 17- 2      confidential by request or instructions from another 
 17- 3      client, except information which is not allowed to be 
 17- 4      disclosed by this Code section or required to be 
 17- 5      disclosed by this Code section or required to be 
 17- 6      disclosed by this chapter; 
 
 17- 7      (4) A statement that the broker or the broker's 
 17- 8      affiliated licensees have no material relationship with 
 17- 9      either client other than that incidental to the 
 17-10      transactions, or if the broker or the broker's 
 17-11      affiliated licensees have such a relationship, a 
 17-12      disclosure of the nature of such a relationship will 
 17-13      timely disclose to each client in a real estate 
 17-14      transaction the nature of any material relationship the 
 17-15      broker and the broker's affiliated licensees have with 
 17-16      the other clients in the transaction other than that 
 17-17      incidental to the transaction.  For the purposes of this 
 17-18      Code section, a material relationship shall mean any 
 17-19      actually known personal, familial, or business 
 17-20      relationship between the broker or the broker's 
 17-21      affiliated licensees and a client which would impair the 
 17-22      ability of the broker or affiliated licensees to 
 17-23      exercise fair and independent judgment relative to 
 17-24      another client; 
 
 17-25      (5) A statement that the client does not have to consent 
 17-26      to the dual agency; and 
 
 17-27      (6) A statement that the consent of the client has been 
 17-28      given voluntarily and that the engagement has been read 
 17-29      and understood. 
 
 17-30    (b) Upon the client signing a written consent meeting the 
 17-31    requirements of this Code section, the consent of the 
 17-32    client to dual agency shall conclusively be deemed to have 
 17-33    been given and informed. 
 
 17-34    (c) No cause of action shall arise on behalf of any person 
 17-35    against a dual agent for making disclosures allowed or 
 17-36    required by this chapter and the dual agent does not 
 17-37    terminate any agency by making such allowed or required 
 17-38    disclosures. 
 
 17-39    (c) A broker may assign different licensees affiliated 
 17-40    with the broker to represent exclusively different clients 
 17-41    in the same transaction.  The licensees may not disclose, 
 17-42    except to the licensee's broker, information made 
 17-43    confidential by request or instructions of the client the 
 
 
                                 -17- 
 
 
 
 18- 1    licensee is representing, except information allowed to be 
 18- 2    disclosed by this Code section or required to be disclosed 
 18- 3    by this chapter. 
 
 18- 4    (d) In the case of dual agency, each client and broker and 
 18- 5    their respective licensees possess only actual knowledge 
 18- 6    and information.  There shall be no imputation of 
 18- 7    knowledge or information among or between the clients, 
 18- 8    brokers, or their affiliated licensees. 
 
 18- 9    (e) In any transactions transaction, a broker may without 
 18-10    liability withdraw from representing a client who has not 
 18-11    consented to a disclosed dual agency at any time prior to 
 18-12    the existence of the dual agency.  Such withdrawal shall 
 18-13    not prejudice the ability of the broker to continue to 
 18-14    represent the other client in the transaction, nor limit 
 18-15    the broker from representing the client in other 
 18-16    transactions not involving a dual agency.  When such 
 18-17    withdrawal as contemplated in this subsection occurs, the 
 18-18    broker shall not may receive a referral fee for referring 
 18-19    a client to a broker employed by a different real estate 
 18-20    brokerage firm. 
 
 18-21    (f) Every broker shall develop and enforce an office 
 18-22    brokerage relationship policy among affiliated licensees 
 18-23    which either specifically permits or rejects the practice 
 18-24    of disclosed dual agency, which office brokerage 
 18-25    relationship policy shall be disclosed pursuant to Code 
 18-26    Section 10-6A-10 and paragraph (1) of subsection (a) of 
 18-27    this Code section. 
 
 18-28    10-6A-13. 
 
 18-29    (a) A broker may assign directly or through the adoption 
 18-30    of a company policy different licensees affiliated with 
 18-31    the broker as designated agents to exclusively represent 
 18-32    different clients in the same transaction.  In addition, 
 18-33    the broker may delegate such assignment responsibility to 
 18-34    other management level personnel acting under a company 
 18-35    policy.  Any company policy adopted to fulfill the 
 18-36    requirements of this subsection shall contain provisions 
 18-37    reasonably calculated to ensure each client is represented 
 18-38    in accordance with the requirements of this chapter.  A 
 18-39    designated agent of a seller, landlord, buyer, or tenant 
 18-40    shall owe his or her client the duties set forth in Code 
 18-41    Section 10-6A-5, 10-6A-6, 10-6A-7, or 10-6A-8 of this 
 18-42    chapter, respectively. 
 
 
 
 
                                 -18- 
 
 
 
 19- 1    (b) If a broker appoints different designated agents in 
 19- 2    accordance with subsection (a) of this Code section, 
 19- 3    neither the broker, the broker's licensees, nor the real 
 19- 4    estate brokerage firm shall be deemed to be dual agents. 
 
 19- 5    (c) When designated agents are appointed in accordance 
 19- 6    with subsection (a) of this Code section, the broker, the 
 19- 7    clients, and the designated agents shall be considered to 
 19- 8    possess only actual knowledge and information; there shall 
 19- 9    be no imputation of knowledge or information between and 
 19-10    among the broker, the designated agents, and the clients. 
 19-11    Designated agents shall not disclose, except to the 
 19-12    designated agent's broker, information made confidential 
 19-13    by request or instruction of the client whom the 
 19-14    designated agent is representing, except information 
 19-15    allowed to be disclosed by this Code section or required 
 19-16    to be disclosed by this chapter.  Unless required to be 
 19-17    disclosed by law, the broker of a designated agent shall 
 19-18    not reveal confidential information it receives from 
 19-19    either the designated agent or the client with whom the 
 19-20    designated agent is working.  For the purposes of this 
 19-21    Code section, confidential information shall be deemed to 
 19-22    be any information the disclosure of which has not been 
 19-23    consented to by the client that could harm the negotiating 
 19-24    position of the client. 
 
 19-25    (d) The designation of one or more of a broker's 
 19-26    affiliated licensees as designated agents shall not permit 
 19-27    the disclosure by the broker or any of the broker's 
 19-28    affiliated licensees of any information made confidential 
 19-29    by an express request or instruction by a party prior to 
 19-30    the creation of the designated agency.  The broker and the 
 19-31    broker's affiliated licensees shall continue to maintain 
 19-32    such confidential information unless the party from whom 
 19-33    the confidential information was obtained permits such 
 19-34    disclosure by subsequent word or conduct, or such 
 19-35    disclosure is required by law.  No liability shall be 
 19-36    created as a result of a broker and the broker's 
 19-37    affiliated licensee's compliance with this subsection. 
 
 19-38    10-6A-14. 
 
 19-39    (a) A broker acting as a transaction broker may provide 
 19-40    assistance to buyers, sellers, tenants, and landlords by 
 19-41    performing ministerial acts.  Examples of ministerial acts 
 19-42    which can be performed by the transaction broker on behalf 
 19-43    of any of the parties in a real estate transaction include 
 19-44    without limitation the following: 
 
 
                                 -19- 
 
 
 
 20- 1      (1) Identifying property for sale, lease, or exchange; 
 
 20- 2      (2) Providing real estate statistics and information on 
 20- 3      property; 
 
 20- 4      (3) Providing pre-printed real estate form contracts, 
 20- 5      leases, and related exhibits and addenda; 
 
 20- 6      (4) Acting as a scribe in the preparation of real estate 
 20- 7      form contracts, leases, and related exhibits and 
 20- 8      addenda; 
 
 20- 9      (5) Locating architects, engineers, surveyors, 
 20-10      inspectors, lenders, insurance agents, attorneys, and 
 20-11      other professionals; and 
 
 20-12      (6) Identifying schools, shopping facilities, places of 
 20-13      worship, and other similar facilities on behalf of any 
 20-14      of the parties in a real estate transaction. 
 
 20-15    (b) A broker acting as a transaction broker shall do the 
 20-16    following: 
 
 20-17      (1) Timely present all offers to and from the parties 
 20-18      involving the sale, lease, and exchange of property; 
 
 20-19      (2) Timely account for all money and property received 
 20-20      by the broker on behalf of a party in a real estate 
 20-21      transaction; 
 
 20-22      (3) Timely disclose the following to all buyers and 
 20-23      tenants with whom the broker is working: 
 
 20-24        (A) All adverse material facts pertaining to the 
 20-25        physical condition of the property and improvements 
 20-26        located thereon including but not limited to material 
 20-27        defects in the property, environmental contamination, 
 20-28        and facts required by statute or regulation to be 
 20-29        disclosed which are actually known by the broker which 
 20-30        could not be discovered by a reasonably diligent 
 20-31        inspection of the property by the buyer; and 
 
 20-32        (B) All material facts pertaining to existing adverse 
 20-33        physical conditions in the immediate neighborhood 
 20-34        within one mile of the property which are actually 
 20-35        known to the broker and which could not be discovered 
 20-36        by the buyer upon a diligent inspection of the 
 20-37        neighborhood or through the review of reasonably 
 20-38        available governmental regulations, documents, 
 20-39        records, maps, and statistics.  Examples of reasonably 
 20-40        available governmental regulations, documents, 
 
 
 
                                 -20- 
 
 
 
 21- 1        records, maps, and statistics shall include without 
 21- 2        limitation: land use maps and plans; zoning 
 21- 3        ordinances; recorded plats and surveys; transportation 
 21- 4        maps and plans; maps of flood plains; crime 
 21- 5        statistics; tax maps; school district boundary maps; 
 21- 6        and maps showing the boundary lines of governmental 
 21- 7        jurisdictions. 
 
 21- 8    (c) Transaction brokers shall not knowingly give any party 
 21- 9    in a real estate transaction false information; provided, 
 21-10    however, that a broker shall not be liable to a party for 
 21-11    providing false information to the party if broker did not 
 21-12    have actual knowledge that the information was false and 
 21-13    discloses to the party the source of the information. 
 21-14    Nothing in this subsection shall limit any obligation of a 
 21-15    seller under any applicable law to disclose to prospective 
 21-16    buyers all adverse material facts actually known by the 
 21-17    seller pertaining to the physical condition of the 
 21-18    property nor shall it limit the obligation of prospective 
 21-19    buyers to inspect and to familiarize themselves with 
 21-20    potentially adverse conditions related to the physical 
 21-21    condition of the property, any improvements located 
 21-22    thereon, and the neighborhood in which the property is 
 21-23    located.  No cause of action shall arise on behalf of any 
 21-24    person against a broker for revealing information in 
 21-25    compliance with this subsection.  No broker shall be 
 21-26    liable for failure to disclose any matter other than those 
 21-27    matters enumerated in this subsection. Violations of this 
 21-28    subsection shall not create liability on the part of the 
 21-29    broker absent a finding of fraud on the part of the 
 21-30    broker. 
 
 21-31    10-6A-13. 10-6A-15. 
 
 21-32    Except as may be provided in a written agreement between 
 21-33    the parties, a broker shall not be deemed to have an 
 21-34    agency relationship with a common source information 
 21-35    company.  No broker shall be deemed to be a subagent of 
 21-36    any client of another broker solely by reason of 
 21-37    membership or other affiliation by such brokers in a 
 21-38    common source information company, including but not 
 21-39    limited to multiple listing services. 
 
 21-40    10-6A-14. 10-6A-16. 
 
 21-41    Nothing contained in this chapter shall limit the Georgia 
 21-42    Real Estate Commission in its regulation of brokers and 
 21-43    the broker's affiliated licensees pursuant to Chapter 40 
 
 
 
                                 -21- 
 
 
 
 22- 1    of Title 43 and the substantive rules and regulations 
 22- 2    adopted by the commission pursuant thereto." 
 
 22- 3                           SECTION 2. 
 
 22- 4  All laws and parts of laws in conflict with this Act are 
 22- 5  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -22- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00