Introduction

This article examines Georgia statutes concerning real estate brokerage duties and premises liability during property showings in the context of agent responsibilities.

Scenario

A real estate agent shows a listed property on Nottingham Drive in Macon, Georgia, to prospective buyers. During the tour, a buyer descends into the basement using stairs with a loose handrail. The handrail detaches from the wall, causing the buyer to fall and sustain injuries. The agent was aware of the loose handrail from previous showings but had not warned this buyer or arranged for repairs.

Georgia Law

Real Estate Broker Definition

Georgia Code § 43-40-1(2): “‘Broker’ means any person who, for a commission, compensation, or valuable consideration or with the intention or expectation of receiving the same from another, lists, sells, purchases, exchanges, rents, or leases real estate; provides or offers to provide any of the foregoing services; negotiates or attempts to negotiate any of the foregoing activities; lists or solicits for prospective purchasers; or holds himself or herself out as engaged in any of the foregoing.”

Broker Duties

Georgia Code § 43-40-25(a)(1): “In all real estate transactions, a licensee shall be governed by the duties of a licensee prescribed in this Code section rather than the duties of agents as provided in Title 10 or elsewhere. In all real estate transactions, a licensee shall: (1) Perform the terms of the brokerage engagement made with a client.”

Disclosure Requirements

Georgia Code § 44-1-16: “The owner and the occupier of real estate are liable for damages to the person or property of another when such damages result from the owner’s or the occupier’s failure to exercise ordinary care in keeping the premises and approaches safe after having actual knowledge of the existence of the dangerous condition or hazard on the premises or approaches for such a length of time that the exercise of ordinary care on his part would have resulted in the discovery and correction of the hazard.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a buyer injured during a property showing in Macon, Georgia. Georgia Code § 43-40-1 defines real estate brokers. Georgia Code § 43-40-25 establishes broker duties. Georgia Code § 44-1-16 addresses premises liability with actual knowledge. These statutes establish the framework for real estate agent liability under Georgia law.

FAQ

Q: How does Georgia Code § 43-40-1 define a broker? A: Georgia Code § 43-40-1(2) defines a broker as someone who “for a commission, compensation, or valuable consideration” engages in various real estate activities including showing properties.

Q: What duties does Georgia Code § 43-40-25 impose? A: Georgia Code § 43-40-25(a)(1) requires licensees to “Perform the terms of the brokerage engagement made with a client.”

Q: What does Georgia Code § 44-1-16 require with actual knowledge? A: Georgia Code § 44-1-16 creates liability “after having actual knowledge of the existence of the dangerous condition or hazard on the premises.”

Q: Where are real estate licensing laws found in the Georgia Code? A: Real estate licensing laws are found in Georgia Code Title 43, Chapter 40.

Q: Does Georgia Code § 51-1-2 apply to real estate professionals? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.