Buyer Agency/Buyer Representative
1) What is a Buyer’s Agent or Representative?
A Buyer’s Agent represents the interests of a buyer (purchaser) in a real estate transaction.
Typically, the listing agent represents the seller.
2) Georgia Law as related to Buyer Agency
The Official Code of Georgia, 10-6a-1 et. seq. prohibits a Broker/Agent from representing a
Buyer as a “CLIENT” without first entering into a written agreement defining the relationship
between the real estate agent and the client. The law further states that if no written agreement is executed,
the agent may only perform ministerial duties to the buyer as a “CUSTOMER.” That means that
the agent cannot, by law, offer you any advice other than performing limited filling out of forms and offering lists of
3) What if you sign an agreement but decide that you don’t like the agent?
The Georgia Association of Realtor’s Exclusive Buyer Brokerage Agreement states that either party may terminate
the agreement by notifying the other party in writing. You may, however, be obligated to the agent if you decide to
purchase a home or property that you have already viewed with the agent.
4) How much will a Buyer’s Agent cost?
Generally if the property is listed in a Georgia Multiple Listing Service the seller has already agreed to pay a
commission on the sale of the property. This is split between the listing agent and the selling agent. You could
potentially be responsible for a commission on a property that is “For Sale by Owner.” However I would first seek to
negotiate a commission from the seller.
It is your decision to be treated as a “CLIENT” or a “CUSTOMER” in a Real Estate Transaction. In either case you
should expect and receive the following from your agent:
4) Reasonable skill & care
However, as a “CLIENT” your agent assumes the following additional responsibilities:
2) Full Disclosure
4) Undivided Loyalty
Remember the listing agent is representing the SELLER as a CLIENT and you as a BUYER deserve the same level of
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