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Published by Tessa Malmgren, 2021-04-01 11:34:18

Stacy Sugarman's Buyer's Guide- ABCs

Stacy_Sugarman_NEW BUYER GUIDE_ABCs

LET'S FIND

HOME

STACY SUGARMAN
REALTOR®
770-873-7718
[email protected]
StacySugarman.com
License#264311

TABLE OF CONTENTS

1) FINANCES

• Obtain a financial pre-approval (proof of
funds for cash purchase)
• Prepare for additional costs

2) SEARCH

- Preview potential properties online
- Schedule showings and view the properties

you are most interested in

3) OFFERS & NEGOTIATIONS

- Write an offer to purchase on your favorite property
- Negotiate the terms of the offer and accept the contract
- Deposit Escrow, Complete Loan Application and
Homeowners Insurance quotes

4) INSPECTION PERIOD

• Conduct Inspections
- Resolve/Negotiate Any Issues from Inspection

5) FINANCING PERIOD

•Your lender will order the appraisal
• Obtain Homeowners Insurance

6) PREPARING TO CLOSE

• Title company will conduct title search and order survey
• Receive closing statement/clear to close
• Wire funds to closing company

• Conduct a final walk-through of property and close
• Closing day: Get your keys, it's all yours!

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM CONTENTS | 1

FINANCES

The very first step in the home buying process is to obtain a financial pre-approval
(proof of funds for cash purchase). We will need this document to accompany any
offer we make on a property.

FINANCING
A mortgage lender will be able to take your financial information and determine 
what amount you will be able to borrow. Having your pre-approval letter in hand
before we start searching will save us time and make sure we don’t miss out on the 
perfect home opportunity. The pre-approval letter will accompany an offer.

CASH
If you’ve got the money in the bank and you are ready to purchase your home in 
cash, that’s great. I will inform you as to your closing costs and we will need a
proof of funds to supplement any offers. You can acquire a proof of funds from your
financial advisor or your banker to show that you have a balance that meets the
purchase price.

MY RECOMMENDED LENDERS WHAT INTEREST RATE CAN
QUESTIONS TO ASK THEM YOU OFFER?
LINDA STRATTON DOES THE RATE COME WITH
GUARANTEED RATE POINTS?
770-329-4175 IS IT FIXED OR ADJUSTABLE?
[email protected] WHEN CAN YOU LOCK MY
RATE?
LEE BLODGETT WHAT FEES CAN I EXPECT
NORTHPOINT MORTGAGE FROM YOU?
678-409-9299 WHAT TYPE OF LOAN IS
[email protected] RIGHT FOR ME?
DO I QUALIFY FOR ANY
DOWN PAYMENT
ASSISTANCE PROGRAMS?

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM FINANCES | 2

LENDER WORKSHEET

NAME:
COMPANY:

WHAT INTEREST RATE CAN YOU OFFER?
DOES THE RATE COME WITH POINTS?
IS IT FIXED OR ADJUSTABLE?

WHEN CAN YOU LOCK MY RATE?

WHAT FEES CAN I EXPECT FROM YOU?

WHAT TYPE OF LOAN IS RIGHT FOR ME?

DO I QUALIFY FOR ANY DOWN PAYMENT ASSISTANCE PROGRAMS?

NOTES:

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM FINANCES | 5

SEARCH

Once you've got your finances in order, the fun of looking for the perfect home
begins! I will set you up on an automatic search through the Multiple Listing Service
(MLS), which is the database that Realtors use to list and search for homes.
The moment a home that fits your search criteria is listed for sale, it will be sent to
your email inbox. If we ever need to adjust the search criteria, just let me know and I can make 
any change you need. Make sure to let me know which homes pique
your interest and we will set up some showings.

CONSIDER WHAT'S A MUST-HAVE AND WHAT'S NEGOTIABLE

MUST-HAVES WOULD BE NICE TO HAVE

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM

SEARCH | 6

HOME SEARCH NOTES

ADDRESS: FEATURES I LIKE:
PRICE: FEATURES I DISLIKE:
BEDROOM: OVERALL RATING:
BATHROOMS:

ADDRESS: FEATURES I LIKE:
PRICE: FEATURES I DISLIKE:
BEDROOM: OVERALL RATING:
BATHROOMS:

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM SEARCH | 7

HOME SEARCH NOTES

ADDRESS: FEATURES I LIKE:
PRICE: FEATURES I DISLIKE:
BEDROOM: OVERALL RATING:
BATHROOMS:

ADDRESS: FEATURES I LIKE:
PRICE: FEATURES I DISLIKE:
BEDROOM: OVERALL RATING:
BATHROOMS:

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM SEARCH | 9

OFFERS &

NEGOTIATIONS

IN ORDER TO WRITE AN OFFER, WE WILL NEED THE FOLLOWING INFORMATION:

PRE-QUALIFICATION LETTER OR PROOF OF FUNDS

OFFER PRICE
I will help you determine the property's fair market
value

EARNEST MONEY
Earnest money to the designated holder holding the
account. Go to https://centermember.com/

FINANCING AMOUNT
What percentage of the loan are you financing, and 
how much you are putting down

CLOSING DATE
If getting a mortgage, this is typically 30-
45 days from acceptance of offer. This will be
the day the keys are handed from seller to buyer

INSPECTION PERIOD
Typically the buyer shall have 15 days, unless 
otherwise stated on the contract, to
perform inspections on the home and terminate or 
renegotiate the contract if inspection comes back 
unacceptable.

WHAT IS THE EARNEST MONEY DEPOSIT?

The earnest money deposit is also known as "The Good Faith Deposit." It is typically 1-2%
of the purchase price that you put down upfront to show the seller you are
serious about the purchase. The higher the earnest money, the more attractive the
offer is to the seller.

Where does it go?
As soon as we have an executed contract, you have approximately 3 days to get the Earnest
Money Deposit to the title company. The title company holds it up until
closing, then it will be counted towards your balance due at closing. You can submit your earnest
money deposit by check, cashier's check or wire transfer.

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM OFFERS & NEGOTIATIONS | 10

OFFERS &
NEGOTIATIONS

TRICKS FOR HANDLING A MULTIPLE OFFER SITUATION:

Nothing is more frustrating then finding the perfect home for you, and then finding out that
someone else thinks it's the perfect home for them too! However, this situation does happen in our
market. There are many different techniques we can use to make our offer as attractive to the
sellers as possible.

Have your pre-approval letter or proof of funds in hand. You may have a great offer to
submit, but if you can’t back it up with proof you are qualified to purchase the home the
seller may just move on.
Make a cash offer if you are able. If not, make as large a down payment as possible, and
use a lender that communicates effectively with all parties.
Offer more than the asking price. Your agent should do a comparative market analysis to
give you a good idea on the home value as soon as you decide to make an offer. If it’s not
too out of line with the CMA or your budget, offer more than the asking price.
Keep your offer clean and simple. Don’t ask for contingencies that aren’t necessary to
closing the transaction.
Shorten the inspection period. Asking for a 5 to 7 day inspection period instead of the
traditional 15 lets the seller know that you aren’t going to waste anyone’s time. Find a
home inspector who has availability to schedule your inspection as soon as your offer is
accepted. 
Have your earnest money ready. Offer an earnest money deposit that sends the message
that you are serious about your offer and have the funds ready to turn in as soon as your
offer is accepted. You may want to include a copy of your earnest money check with your
offer. 
Offer flexibility with your closing date. Convey through your agent that you are willing
adjust the closing date to suit the seller’s needs.
Include a personal letter with a family photo or video. Let the seller know who you are,
what you like about the home, and that you intend to take good care of their former
residence. Let them know what it is about the home that has already made it special to
you.
Offer an additional earnest money deposit after the inspection period. This is another
way to let the seller know you are serious about the house and not just trying to get it off
the market while you make up your mind or look further.
Consider an escalation clause. Let the seller know your offer isn’t the highest you will go
by including a clause stating that you will increase your offer, up to a set price, if the seller
shows you a higher offer from another buyer. 
Be diplomatic with negotiations after your contract is signed. Remember that the seller
has other interested parties to fall back on. If you turn ugly after the contract is signed,
making additional demands or not following through with your promises, the seller may
hand you back your deposit and work with someone else.

ONCE WE GET THE HOME UNDER CONTRACT, FILL IN THE INFORMATION ON

THE FOLLOWING PAGE

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM OFFERS & NEGOTIATIONS | 11

WE'RE UNDER CONTRACT - NOW WHAT?

PROPERTY ADDRESS: PURCHASE PRICE

TITLE COMPANY: EARNEST MONEY DEPOSIT

IMPORTANT DATES EXECUTED CONTRACT DATE: EXECUTED CONTRACT
INSPECTION PERIOD BEGINS:
CONGRATULATIONS! We are officially under
EARNEST MONEY DUE: contract. Please mark these deadlines in your
calendar and read these next steps to ensure a
LOAN APPLICATION DUE: smooth closing.
END OF INSPECTION PERIOD:
SCHEDULE INSPECTIONS
BINDING CONTRACT DATE:
The last date to renegotiate or cancel contract
INSPECTION/ DUE DILIGENCE: due to anything that comes up in inspections is
_____ so I recommend scheduling any
this is a negotiable item inspections immediately

ESTIMATED CLOSING DATE: OBTAIN INSURANCE

Start contacting Insurance companies for
quotes immediately, we will need to make sure
the home is insurable before the end of the
inspection period (_____)

EARNEST MONEY DUE

You must send earnest money deposit of ______
via check or wire to _______.
IMPORTANT: Be very careful when wiring any
funds. Never trust wiring instructions sent via
email.

LOAN APPLICATION

Your loan application needs to be started
within 5 days from the executed contract date.
During your loan processing it is VERY
IMPORTANT not to make any major job
changes, major purchases, or open new credit
cards or lines of credit, as any of these
activities could alter your qualifications.

BINDING CONTRACT DATE

NOTES: Everything in the contract date goes by the
binding date, this is the date it is executed,
signed, and sent.

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM UNDER CONTRACT CHECKLIST | 12

INSPECTION PERIOD

TIP: SCHEDULE ALL INSPECTIONS IMMEDIATELY, SO IF WE NEED TO NEGOTIATE
ANY REPAIRS WE CAN BEFORE THE INSPECTION PERIOD ENDS.

During the inspection period, the buyer has the right to hire a professional to inspect 
the condition of the home. The inspection will uncover any issues in the home that would 
have otherwise been unknown.
The standard home inspector's report will cover the condition of the home's heating system;
central air conditioning system; interior plumbing and electrical systems; the roof, attic and
visible insulations; walls, ceilings, floors, windows and doors; the foundation, basement and
structural components. You will receive a written report of the inspection. You may be present
for the inspection if you would like to ask the inspector any questions.

ADDITIONAL INSPECTIONS YOU MAY NEED:
Four-Point Inspection may be required by your homeowner's insurance if the home is more than
30 years old
WDO Inspection Ask your lender if your loan requires any certain inspections such as a Wood
Destroying Organism (WDO) inspection.
Lead-Based Paint Inspection If the home was built prior to 1978, a lead-based paint inspection is
recommended

MY RECOMMENDED INSPECTORS

RANDY MANNING
WIN INSPECTIONS
770-403-5452

CHRIS CURL AND
ASSOCIATES
404-797-4123

RAY SAMPLE FAMILY
DWELLINGS
404-663-2020

SOUTHERN HOME
INSPECTIONS JODY
770-335-9754

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM INSPECTION PERIOD | 13

RECOMMENDED INSURANCE: FINANCING PERIOD

APPRAISAL:
An appraisal is an estimate of the value of the property by a licensed professional appraiser.
Once any problems during the inspection are solved, the appraisal will be ordered by the lender
and paid for by you. The goal of the appraisal is to verify the value of the property for the lender
and to protect you from overpaying. The contract is contingent upon whether the appraisal
comes in at or above the purchase price. If the appraisal comes back short, we will be back to
the negotiating table.

OBTAINING A MORTGAGE:
You have 5 days from the date of contract execution to begin the mortgage loan application. 
During the 30-45 days before closing, the lender will be finalizing your mortgage. 

Date:____________________ Date:____________________ Date:____________________

HOME INSURANCE:
Your lender will require you to obtain a homeowner's insurance policy. You will need to get the
lender this information before closing. Feel free to call my recommendations below for quotes.

TIP: IT IS VERY IMPORTANT NOT TO 
MAKE ANY MAJOR JOB CHANGES, 
MAJOR PURCHASES, OR OPEN NEW 
CREDIT CARDS OR LINES OF CREDIT, 
AS ANY OF THESE ACTIVITIES COULD 

ALTER YOUR QUALIFICATIONS 
FOR A LOAN.

STEVEN | 770-766-7409
FARMERS INSURANCE
OFFICE:770-858-5360

WWW.FARMERS.COM/HOME/

KIRK MARTIN|(404)843-9545
ALLSTATE
325 HAMMOND DR STE 100,
ATLANTA, GA 30328
JENMANAHAN|678-468-6002
LAWRENCE&MONAGHAN
INSURANCE BROKERS
[email protected]

WWW.CONCIERGEINSURANCEGROUP.COM

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM FINANCING PERIOD | 14

PREPARING TO
CLOSE!

SURVEY:
Survey is not required in the state of
Georgia, but if you want a fence, then
that would require a survey. This is
usually paid outside of closing. The title
company or I will order this for you. The
survey is a sketch showing a map of the
property lines/boundaries among other
things. The survey will show if there are
any encroachments on the property.

LENDER AND OWNERS:
The title company will conduct a title
search to ensure the property is legitimate
and find if there are any outstanding
mortgage liens, judgements, restrictions,
easements, leases, unpaid taxes, or any
other restrictions that would impact your
ownership associated with the property.
Once the title is found to be valid, the title
company will issue a title insurance policy
which protects lenders or owners against
claims or legal fees that may arise over
ownership of the property. This will also
be a part of your closing costs.

CLEAR TO CLOSE:
The magic words! It means the mortgage
underwriter has officially approved all
documentation required to fund the loan.
All that remains is the actual closing
process.

WIRE FRAUD DISCLOSURE:

Caution: Account info must be verified

with the source. Never trust wiring

instructions sent via email. You must

always confirm wiring instructions in

person or by calling me. Never wire money

without double-checking that the wiring

instructions are correct.

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM PREPARING TO CLOSE | 15

SMOOTH CLOSING CHECKLIST

☐ Make sure you've obtained homeowner's insurance and provide the lender with
the information
☐ Review the closing settlement statement a few days before closing to ensure
you have the funds for closing costs
☐ Final walk-through
☐ Wire funds to closing company
☐ Bring your driver's license or passport to closing table
☐ Take your keys and move in!

AFTER CLOSING CHECKLIST

☐ Make copies of all of the closing documents and store them in a safe place.
☐ Change the locks
☐ Update any keypads
☐ Start a home maintenance list
☐Update your address on all of the following:
☐ Friends and family
☐ Work
☐ Banks / financial institutions
☐ All bills
☐ Insurance companies
☐ Driver's license / Identification cards
☐ Schools
☐ Medical offices
☐ Subscriptions
☐ Meet the neighbors!

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM CLOSING CHECKLISTS | 16

ABOUT YOUR REALTOR®

ABOUT I am married to my wonderful husband Lee
since 1986 and we have one son Zander
who attends Berklee College of Music. I
have been in real estate since 2003 and I
love helping people buy and sell homes. I
give a very personal touch to all of my
clients serving them before, during, and
after the sale. I would love to help you and
your referrals navigate through the flowing
tides of buying and selling. Buying or selling
a home can be a very daunting and
frustrating experience, I've been there. It all
started when I had a terrible home buying
experience myself. The agent kept trying to
get me to buy houses that I was not
interested in at all. I thought to myself, the
home buying/selling journey has got to be
better than this. So that is why 2003 I got
my license, to make it better. Listening to
people's wants and needs, looking to their
interests instead of serving my own turned
out to be a winning scenario for everyone.
My unique pricing strategy, commitment to
serve, negotiating skills, and expertise will
prove to be a benefit to you during your
home buying or selling experience.

RE/MAX CENTER

RE/MAX Center is home to Metro-Atlanta's
Top Producing REALTORS®. Our Duluth
office is no exception. Serving Duluth,
Lilburn, Norcross, Suwanee, Lawrenceville,
Grasyon, Snellville, Buford, Sugar Hill and
many more areas of Metro Atlanta.

STACY SUGARMAN|770.873.7718 | STACYSUGARMAN.COM

WHAT OUR CLIENTS SAY

"Stacy helped me sell my first house and made it so
easy. She gave me expert advice on how to prep the
house, walked me through the process and kept me
up to date on everything. Our house sold quickly and
for the price we expected. I would highly recommend

her! She's just an amazing person."

"When my husband and I started out looking to
buy a home we used a different realtor and the

whole process was a major headache. Then
Stacy was recommended to me. She listened to
what we wanted and found us our perfect first
home. It didn't take her long to get us our house.

And it was such a smooth process. She's very
helpful every step of the way. Even now 8 years
later she still comes by and has different events

for her clients to participate in. I can't wait to
work with her again."

"Stacy was an amazing realtor. She put her
full attention on our needs and wants,
finding us the perfect home. Even on
move in day, she came by and brought
pizzas and even apple pie on

Thanksgiving. I have to say she is definitely
the kind of person you want on your side
finding home. When the time comes, I'll

definitely use her over and over again
because of her professionalism and her
eye for a wonderful home for a growing

family. She was also very helpful with
negotiating a price that worked in favor for

both parties."

The ABC’s of Agency: Understanding Real
Estate Brokerage Relationships in Georgia

Real estate brokers are licensed professionals trained to help 2021 Printing
consumers buy, sell, or lease real property. They often perform
their duties through affiliated licensees who are commonly Broker-Client Relationships:
referred to as real estate agents. Except where the context
might indicate otherwise, in this brochure the term “broker” shall (a) Seller Agency/Landlord Agency: Seller agency occurs when
include broker’s affiliated licensees. The business relationship the real estate broker is representing the seller in selling his or
between real estate brokers and consumers can take many her property. This type of brokerage relationship is created by
forms, each of which is called a brokerage relationship. This the seller and the broker entering into a written contract known
brochure describes the types of brokerage relationships most as a seller brokerage engagement agreement – also sometimes
commonly offered by real estate brokers. Hopefully, the known as a listing agreement. The seller brokerage
brochure will make it easier for consumers to make informed engagement agreement gives the broker, commonly referred to
choices on how best to work with a real estate broker. It should as the seller’s broker the right to market the property for sale at
be noted that real estate brokers are not required to offer all of a specific price and for a defined period of time. If the broker is
the brokerage relationships described in this brochure. Instead, successful in finding a buyer ready, willing, and able to
each real estate broker is free to decide which of these purchase the property, the broker would normally be paid a fee
relationships he or she will offer. or commission upon the closing of the transaction. This fee or
commission is often shared with other real estate brokers, under
Real Estate Brokerage Generally. As a general rule, only what are known as cooperative brokerage agreements, if they
licensed real estate brokers can be paid a fee to help or their agents find the buyer. Seller agency is also sometimes
consumers buy, sell, or lease property. Many brokers have called listing agency. Landlord agency is different from seller
licensed real estate salespersons, commonly known as real agency in that the Manager or listing broker is assisting the
estate agents, who act on behalf of the broker in helping property owner in leasing and/or managing rather than selling
consumers buy, sell, or lease property. While real estate agents property.
can be employees of the real estate broker, most act as
independent contractors. Real estate brokers often incorporate (b) Buyer Agency/Tenant Agency: Buyer agency occurs when
or set themselves up as limited liability companies or the real estate broker represents the buyer in locating and
partnerships. All brokerage firms, however, are required to have assisting the buyer in negotiating for the purchase of property
a qualifying broker. In the majority of real estate transactions, suitable to the buyer. A buyer agency is created when the buyer
the consumer interacts only with his or her real estate agent and enters into an agreement commonly known as a buyer
not the real estate broker. The real estate broker in those brokerage engagement agreement. A real estate broker can be
instances works behind the scenes to solve problems and compensated by one party yet represent another party.
support, supervise and assist his or her agents. Therefore, in some buyer brokerage engagement agreements,
the fee or commission received by the buyer’s broker is actually
Clients vs. Customer. Customer in Brokerage a portion of the fee or commission paid by the seller to the
Relationships. All brokerage relationships fall into one of two seller’s broker. In these situations, the seller also agrees that
broad categories: (a) broker-client relationships; and (b) broker- the seller’s broker will share the commission or fee with any
customer relationships. In a broker-client relationship, the real buyer’s broker who finds a buyer ready, willing and able to
estate broker is representing the client and is acting as his or purchase the property. With some buyer brokerage engagement
her legal agent in buying, selling, or leasing property. In agreements, the buyer pays a fee or commission directly to his
Georgia, a broker-client relationship can only be formed by the or her broker. Buyer agency is sometimes referred to as buyer
parties entering into a written agreement. The agreement must brokerage. Tenant agency is different from buyer agency in that
explain, among other things, how the broker will be paid, the the broker is representing a consumer who is seeking to lease
duty of the broker to keep client confidences, and the types of rather than purchase property.
client or agency relationships offered by the broker.

The other type of brokerage relationship is known as a broker-
customer relationship. With this type of relationship, the broker
is not representing the customer in a legal or agency capacity.
However, the broker can still work with the customer and help
him or her by performing what are known as ministerial acts.
These include, for example, identifying property for sale or
lease, providing pre-printed real estate form contracts,
preparing real estate contracts at the direction of the customer,
and locating lenders, inspectors, and closing attorneys on
behalf of the customer. The different types of brokerage
relationships within each of these categories are discussed
below.

THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH _______S__ta_c_y__S_u__g_a_r_m_a__n_______ IS INVOLVED AS A REAL ESTATE

LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE

GEORGIA ASSOCIATION OF REALTORS® AT (770) 451-1831.

Copyright© 2021 by Georgia Association of REALTORS®, Inc. CB01, The ABC’s of Agency, Page 1 of 2, 01/01/21

(c) Designated Agency: In some real estate transactions, the Broker-Customer Relationships:
real estate agent representing the buyer and the real estate (a) Transaction Brokerage: A transaction brokerage relationship
agent representing the seller both work for the same broker or is one in which a real estate broker or brokers assists both
brokerage firm. In such a transaction, the broker may allow parties in a real estate transaction but does not enter into a
each agent to exclusively represent their respective clients. This client relationship with, nor represents, either party. In a
type of brokerage relationship is known as designated agency. transaction brokerage relationship, the broker treats both parties
In a designated agency transaction, the designated agent for as customers and can only perform ministerial acts for either
the buyer owes the same duties to the buyer as if the agent was party, including the following: (1) identifying property; (2)
acting only as a buyer’s agent. Similarly, the designated agent providing real estate statistics and information of property; (3)
for the seller owes the same duties to the seller as if the agent providing preprinted real estate form contracts; (4) acting as a
was acting only as the seller’s agent. With designated agency, scribe in the preparation of form contracts; (5) locating relevant
each designated agent is prohibited from disclosing to anyone professionals, such as architects, engineers, surveyors,
other than his or her broker any information requested to be inspectors, lenders, insurance agents, and attorneys; and (6)
kept confidential by the client unless the information is identifying facilities such as schools, shopping centers, and
otherwise required to be disclosed by law. Therefore, places of worship.
designated agents may not disclose such confidential (b) Brokers May Help Parties Other Than Their Clients:
information to other agents in the company. The broker is also Brokers who represent one party in a real estate transaction as
prohibited from revealing any confidential information he or she a client can still help the other party in the transaction by
has received from one designated agent to the other designated performing ministerial duties for the other party (of the type
agent, unless the information is otherwise required to be described under transaction brokerage section). When a real
disclosed by law. Confidential information is defined as any estate broker works with a party as a customer or client, the
information that could harm the client’s negotiating position broker may not knowingly give the party false information.
which information the client has not consented to be disclosed. Always Choose a REALTOR®. This brochure has been
In Georgia, designated agency is defined by state statute not to prepared as a public service by the Georgia Association of
be dual agency. REALTORS®. REALTOR® is a registered collective
membership mark which may be used only by real estate
(d) Dual Agency: Georgia law allows both parties to agree to professionals who are members of the National Association of
have one agent or broker represent them in a real estate REALTORS® and subscribe to its strict Code of Ethics.
transaction at the same time. In other words, the agent or broker
has a client relationship with all parties to the transaction CB01, The ABC’s of Agency, Page 2 of 2, 01/01/21
without acting in a designated agency capacity. In these
situations, neither party is exclusively represented by a
designated real estate agent. This type of brokerage
relationship is called “dual agency”.

Georgia law allows real estate brokers to act as dual agents if
they first get the written consent of both parties. The written
consent must contain the following: (1) a description of the
types of transactions in which the licensee will serve as a dual
agent; (2) a statement that as a dual agent, the licensee
represents two clients whose interests could be different or
even adverse; (3) a statement that the dual agent will disclose
all adverse material facts regarding the transaction known to
the dual agent to all parties to the transaction except for
information that is made confidential by request of another
client and that is not allowed or required by law to be disclosed;
(4) a statement that the licensee will disclose to each client in
the transaction the nature of any material relationship the
licensee or his or her broker have with other clients in the
transaction other than incidental to the transaction; (5) a
statement that the client does not have to consent to the dual
agency; and (6) a statement that the client’s consent has been
given voluntarily and that the client has read and understood the
brokerage engagement agreement. This special consent is
required because of the potential for conflicts of interest in dual
agency transactions.

(e) Subagency: Subagency occurs when one real estate broker
is appointed by another real estate broker as a subagent to
assist the broker in performing its duties. In a typical Subagency
transaction, a seller’s broker practicing Subagency might
appoint the broker working with the buyer as his or her
subagent. The broker acting as the subagent would work with
the buyer but would represent the seller. The buyer then would
be unrepresented in the transaction and both brokers (and their
affiliated licensees) would be representing the seller.
Subagency relationships between real estate brokers in
Georgia, while once the norm, are much less common today.

Copyright© 2021 by Georgia Association of REALTORS®, Inc.

THIS FORM IS PREPARED BY THE UNITED STATES GOVERNMENT AND RE-PRINTED IN THE GEORGIA ASSOCIATION OF REALTORS® FORMS PACKAGE AS A
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INFORMATION HEREIN.

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THIS FORM IS PREPARED BY THE UNITED STATES GOVERNMENT AND RE-PRINTED IN THE GEORGIA ASSOCIATION OF REALTORS® FORMS PACKAGE AS A
CONVENIENCE TO ITS MEMBERS. THE GEORGIA ASSOCIATION OF REALTORS® HAS NOT INDEPENDENTLY EVALUATED OR VERIFIED THE ACCURACY OF THE
INFORMATION HEREIN.

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