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AGENCY-GA

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Term
Definition
Agency   The relationship between a principal and an agent wherein the agent is authorized to represent the principal in certain transactions.  
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Agent   One who acts or has the power to act for another. A fiduciary relationship is created under the law of agency when a property owner, as the principal, executes a listing agreement or management contract authorizing a licensed real estate broker to be his  
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Brokerage Relationships in Real Estate Transactions Act (BRRETA)   The law (O.C.G.A. § 10-6A-1) that governs the law of agency in Georgia.  
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Buyers Agent   A residential real estate broker or salesperson who represents the prospective purchaser in a transaction. Owes the buyer-principal the common-law or statutory agency duties.  
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Brokerage   The bringing together of parties interested in making a real estate transaction.  
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Buyers Agent   A residential real estate broker or salesperson who represents the prospective purchaser in a transaction.  
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Client   The principal  
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Customer   The third party or nonrepresented consumer for whom some level of service is provided  
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Designated Agency (Dual Agency)   A process that accommodates an in-house sale in which two different agents are involved. The broker designates one agent to represent the seller and one agent to represent the buyer.  
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Dual Agency   Representing both parties to a transaction. This is unethical unless both parties agree to it, and it is illegal in many states.  
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Express Agency   An agency relationship based on a formal agreement between the parties.  
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Express Agreement   An oral or written agreement in which the parties state the contract's terms and express their intentions in words  
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Fiduciary   One in whom trust and confidence is placed; a reference to a broker employed under the terms of a listing contract or buyer agency agreement.  
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Fiduciary Relationship   A relationship of trust and confidence, as between trustee and beneficiary, attorney and client, or principal and agent  
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Fraud   Deception intended to cause a person to give up property or a lawful right.  
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General Agent   One who is authorized by a principal to represent the principal in a specific range of matters.  
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Implied Agency   Based on the actions of the parties that imply that they have mutually consented to an agency relationship.  
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Latent Defect   A hidden structural defect that could not be discovered by ordinary inspection and that threatens the property's soundness or the safety of its inhabitants.  
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Listing Agreement   A contract between an owner (as principal) and a real estate broker (as agent) by which the broker is employed as agent to find a buyer for the owner's real estate on the owner's terms, for which service the owner agrees to pay a commission.  
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Negligent Misrepresentation   Occurs when the broker should have known that a statement about a material fact was false.  
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Nonagent   An intermediary between a buyer and a seller, or a landlord and a tenant, who assists one or both parties with a transaction without representing either. Also known as a facilitator, transaction broker, transaction coordinator, and contract broker.  
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Principle   A main party to a transaction—the person for whom the agent works.  
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Puffing   Exaggerated or superlative comments or opinions.  
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Special Agent   One who is authorized by a principal to perform a single act or transaction  
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Universal Agent   A person empowered to do anything the principal could do personally  
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