Georgia guide

Dual Agency and Designated Agency in Georgia

In Georgia, dual agency means one agent or brokerage represents both you and the seller in the same deal, and it is only allowed if you sign a clear written consent first.

Reading as buyer.

TL;DR

In Georgia, dual agency means one agent or brokerage represents both you and the seller in the same deal, and it is only allowed if you sign a clear written consent first. Most Georgia brokerages now use designated agency instead, where two different agents at the same firm represent each side separately. Either way, your agent cannot share what you would pay or push hard for your side, so understand the trade-off before you sign.

Before you start — 7 things to know

  • Dual agency in Georgia is legal under O.C.G.A. §10-6A-12, but only if you sign written consent before your agent represents the seller too on the same home.

  • If you agree to dual agency, your agent cannot tell you the highest price the seller will accept, even if the agent knows it.

  • Most Georgia brokerages now use designated agency, where a different agent at the same firm represents the seller, so you still get an agent who works only for you.

  • The consent form for dual or designated agency must be inside or attached to your buyer brokerage agreement, not buried as boilerplate in another document.

  • You can refuse dual agency at any point before negotiations begin, and the agent must then refer you to another broker or step out of the deal on the seller side.

  • Dual agency in Georgia does not change the price you pay, but it does limit how hard your agent can negotiate or advise you on offer strategy.

  • If your agent slips up and shares confidential info from the seller, that agent can face discipline from the Georgia Real Estate Commission under O.C.G.A. §43-40-25.

The timeline — step by step

  1. When you first sign a buyer brokerage agreement in Georgia, read the section about dual agency and designated agency before you initial it.

  2. If you ask to tour a home that is listed by your own agent or their brokerage, the agent must tell you upfront that a dual or designated agency situation exists.

  3. Before you write an offer on a same-firm listing, sign a separate written consent that names the property and the type of agency you are agreeing to.

  4. If you are not comfortable with dual agency at the offer stage, tell your agent in writing and ask to be referred to another broker for that one home.

  5. During negotiations on a dual-agency deal, ask your agent to put any pricing advice or strategy notes in writing so you have a clear record of what they could and could not say.

  6. After closing, keep a copy of the signed dual-agency or designated-agency consent for at least three years in case a dispute comes up later.

Common questions

Is dual agency legal for buyers in Georgia?
Yes, dual agency is legal in Georgia under O.C.G.A. §10-6A-12, but only if you give prior informed written consent inside or attached to your buyer brokerage agreement.
What is the difference between dual agency and designated agency for me as a buyer?
In dual agency, one agent represents both you and the seller, so neither side gets full advocacy; in designated agency, two different agents at the same firm represent each side, so you still have an agent working only for you.
Can my Georgia agent tell me how low the seller will go on price?
No, in a dual-agency deal your agent cannot share the seller's bottom-line price, even if they know it, because that information is confidential to the seller.
What should I do if I do not want dual agency on a home in Georgia?
Tell your agent before you make an offer, and they must either refer you to another broker for that home or step away from representing the seller on the deal.
Will I pay more or less if I agree to dual agency in Georgia?
Dual agency itself does not change the home price, but you may lose some negotiating leverage because your agent cannot advocate as strongly for you as they normally would.
What happens if my Georgia agent breaks the dual-agency rules?
The Georgia Real Estate Commission can discipline the agent under O.C.G.A. §43-40-25, and you may also have a civil claim if the slip cost you money.

Sources

  1. [1]
  2. [2]

Last updated