5 Questions to Ask Your Real Estate Agent Before Signing Anything

Whether you’re buying your first home or your fifth, signing a real estate agreement is a serious commitment. In Georgia, both buyers and sellers sign formal brokerage engagement agreements before any work begins — and a purchase and sale contract once an offer is accepted. These documents carry real legal weight.

Before you put your signature on anything, there are five questions every buyer and seller in North Georgia should ask their agent. A good agent will welcome every single one of them. If they don’t — that’s information worth having too.

Question 1: Who Do You Actually Represent in This Transaction?

This is the most important question you can ask — and it’s one many buyers and sellers never think to raise. In Georgia, real estate agents are governed by the Brokerage Relationships in Real Estate Transactions Act (BRRETA), which requires agents to clearly disclose who they represent before any client relationship is formed.

Your agent can represent you as a buyer’s agent, a seller’s agent, or in some cases as a designated agent within a brokerage. What they cannot do is truly represent both sides of a transaction at full capacity — that’s a conflict of interest, and it’s worth understanding before you go further.

What I’ll tell you: When I work with a buyer, I represent that buyer. Full stop. My job is to look out for your interests, help you negotiate the best terms, and guide you honestly through the process — not to straddle the fence.

Question 2: How Does Agent Compensation Work — and Who Pays It?

This question matters more than it used to. Following the 2024 NAR settlement, the rules around how buyer’s agents are compensated became more transparent — and in Georgia, compensation has always been fully negotiable. Sellers are not required to offer buyer agent compensation, and buyers may be responsible for covering their agent’s fee if a seller chooses not to.

Before you sign a buyer brokerage agreement, make sure you understand what compensation is agreed to, under what circumstances you might owe it directly, and what happens if the seller offers less than the agreed amount. These are not awkward questions — they’re necessary ones.

What to know: Georgia law requires that a written brokerage engagement agreement be in place before an agent can represent you as a client. Any agent who skips this step or tries to rush past it is not setting you up for a well-protected transaction.

Question 3: What Does the Due Diligence Period Allow Me to Do?

In Georgia, the due diligence period is one of the most valuable protections a buyer has — and one of the most misunderstood. During this window, which is negotiated as part of the purchase and sale agreement, a buyer has the right to inspect the property and terminate the contract for any reason, receiving their earnest money back.

Ask your agent: How long is a typical due diligence period in this market? What inspections should I schedule? What happens if something significant is found? How do I formally terminate if I need to, and what is the exact deadline?

Tania’s Tip: The answers to these questions can save you thousands of dollars and significant heartache. I walk every buyer through the due diligence process before we ever make an offer, so there are no surprises when the clock starts ticking.

Question 4: What Are the Terms of This Brokerage Agreement — Including How to End It?

A buyer brokerage engagement agreement is a contract. It has a start date, an end date, and terms that govern the relationship. Before you sign it, ask: How long does this agreement last? Is it tied to a specific property or does it cover any home I buy during the term? Under what circumstances can either party terminate it?

In Georgia, these agreements are required by law and must be in place before an agent can provide professional guidance. That’s a good thing — it formalizes your representation and protects you. But you should read what you’re signing and understand the terms, not just the intent.

What to watch for: A well-structured buyer brokerage agreement protects both the buyer and the agent. If an agent seems uncomfortable discussing the cancellation terms or rushes you through the signing, slow down and ask again.

Question 5: What Happens If Something Goes Wrong After Closing?

Georgia follows a “caveat emptor” principle — Latin for “buyer beware.” While sellers are required to disclose known material defects, the legal framework places significant responsibility on buyers to conduct their own due diligence. Once you close, your recourse is limited.

Before signing, ask your agent: What seller disclosures am I entitled to receive? What inspections do you recommend beyond the standard home inspection — septic, well, radon, structural? Are there any known issues with this property or this area that I should investigate? And importantly: if something is discovered post-closing that wasn’t disclosed, what are my options?

These aren’t pessimistic questions. They’re the questions that protect you. A good agent will not only answer them directly but will proactively raise them on your behalf before you ever get to closing day.

Real estate transactions in Georgia involve real legal documents with real consequences. The best protection you have is an experienced, honest agent who will answer your questions directly, explain what you’re signing, and advocate for your interests at every step.

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