Two highly experienced real estate instructors and agents, one from Tennessee and one from Georgia, discussed similarities and differences between Tennessee and Georgia real estate agency law at the September Chattanooga Association of Realtors (CAR) luncheon where newly elected officers for the coming year were announced and the association paid tribute to the late Carl E. Clift Jr.

Ric Holt, broker/owner of RE/MAX Real Estate Professionals in Cleveland, and Frank Mears, vice president and director of training and agency development for Meybohm Realtors in Augusta, Ga., conducted the agency discussion and an “agency bowl” competition between Tennessee and Georgia agents. The Georgia agents won in the question and answer session.

Steve Champion, currently president-elect of the association who will be elevated to president for 2003, announced results of the election with Kathy Tucker, currently Multiple Listing Service (MLS) president, named president-elect for the coming year. She is with Crye-Leike Realtors working out of the firm’s Northgate Commercial Center.

Elwynn Schwartz, current president, announcing that the election results are official, said other officers elected are Dan Griess, secretary-treasurer; Sue Shaw, three-year director; and six one-year directors, Jay Craig, Happy Huddleston, Donna Jetton, Brian Kelly, Peggy Pryor and Janice Robertson.

Carl Clift has been awarded the designation of Realtor Emeritus by the state, but died recently before receiving the award. The award was presented posthumously to his brother, Bill Clift. It cited the late Mr. Clift for 50 years membership in the association providing “valued and lasting contributions.”

In discussing agency, Mr. Holt and Mr. Mears noted that in both states agency forms used by agents is determined by the individual office policy. An agent may be well acquainted with all types of agency, but office policy determines what forms will be followed.

Also, in both states agency must be established in writing. Prior to a written agency contract, however, an agent is required by law to disclose verbally “as soon as possible” on first contact any agency standing, such an agent for the buyer or for the seller.

In Tennessee, a Realtor is automatically a “facilitator” until agency is created. A Realtor who is an agent for one party in a transaction and then has a customer on the other side of the transaction becomes a facilitator, representing neither.

In Georgia, however, a Realtor representing one party cannot go back to “transaction broker” status but remains a agent for the party. If the agent also represents the other side of the transaction, “dual agency” is created in Georgia. That is not permitted in Tennessee.

Mr. Mears commented that Realtors are “the only professionals who believe we can represent both sides.”

The two instructors discussed seller agency, buyer agency and designated agency in which the company’s broker may assign an agent to represent a customer.

New officers of the association will be installed at the end of the year and will serve for the calendar year 2003.

Jason Farmer, center, a Realtor with Mountain City Realtors on Signal Mountain, received the endorsement and a check from Chattanooga Association of Realtors Political Action Committee to support his candidacy in the upcoming town council election. From left are Tom Akehurst, RPAC representative; Steve Champion, CAR president-elect; Mr. Farmer; Lois Killebrew, Mountain City Realtors broker/owner; and Elwynn Schwartz, CAR president. Click on photo to enlarge.
- Photo2 by Irby Park