GA Code § 10-6-32 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-32. Owner's Right to Sell Property Placed With Broker; Broker's Right to Commissions

 The fact that property is placed in the hands of a broker to sell shall not prevent the owner from selling, unless otherwise agreed. The broker's commissions are earned when, during the agency, he finds a purchaser who is ready, able, and willing to buy and who actually offers to buy on the terms stipulated by the owner.   (Civil Code 1895, § 3015; Civil Code 1910, § 3587; Code 1933, § 4-213.)   Law reviews.   - For article, "Compensation of the Georgia Real Estate Broker," see 6 Ga. L. Rev. 375 (1972). For annual survey article discussing real property law, see 51 Mercer L. Rev. 441 (1999). For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005). For comment discussing a broker's entitlement to a commission where buyer defaults in light of Ellsworth-Dabbs, Inc. v. Johnson, 50 N.J. 528, 236 A.2d 843 (1967), see 19 Mercer L. Rev. 460 (1968).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Owner's Right to Sell   Broker's Right to Compensation   Practice and Procedure    RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 112 et seq.   C.J.S.   - 2A C.J.S., Agency, § 334 et seq.   ALR.    - Does ordinary broker's contract exclude right of sale by owner, 10 A.L.R. 814; 20 A.L.R. 1268.    Right of one selling on commission as affected by principal's refusal to fill order, 12 A.L.R. 150.    Duration of real estate broker's contract which specifies no time, 24 A.L.R. 1537; 28 A.L.R. 893.    Broker's right to commission as affected by failure to consummate sale within time limited by terms of employment, 26 A.L.R. 784.    Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.    Broker's right to commission where owner sells property to customer of broker at less than stipulated price, 43 A.L.R. 1103; 46 A.L.R.2d 848.    Character and extent of right of broker who has exclusive contract, where sale is effected without his agency, 64 A.L.R. 395.    Right, under contract of employment providing for commissions based on amounts collected, to commissions on amounts collected after termination of employment or discharge for cause, upon business effected during term, 65 A.L.R. 993.    Right of real estate broker to list competing properties of different owners, 71 A.L.R. 699.    Acceptance by principal of services of broker with knowledge that he acted also for the other party as affecting broker's right to compensation, 80 A.L.R. 1075.    Illegality of transaction or proposed transaction as affecting right of real estate broker to commission for promoting it, 85 A.L.R. 274.    Right of real estate broker against third person who prevented broker from earning commissions, or who received, or induced owner to pay to him or another, commission which the broker had earned, 97 A.L.R. 1273; 146 A.L.R. 1417.    Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.    Principal's right to recover commissions paid by him or by third person to unfaithful agent or broker, 134 A.L.R. 1346.    Necessity of specially pleading revocation of authority as defense to action for broker's commission, 144 A.L.R. 694.    Real estate broker's right to commissions, under contract calling for net price or entitling broker to all above a specified price, where sale is not completed because of refusal or fault of owner, 144 A.L.R. 921.    Real estate broker's right to compensation as affected by death of person employing him, 146 A.L.R. 828.    Real estate broker's right to recover damages in tort upon ground that he was wrongfully prevented from earning or collecting commissions, 146 A.L.R. 1417.    Construction and application of statute which enables real estate broker to recover commissions on oral contract with owner who has been served with written notice of the terms thereof, 148 A.L.R. 676.    Failure, when refusing offer to purchase land, to state ground therefor as affecting right to assert such ground in defense of broker's action for compensation, 156 A.L.R. 602.    Right of real estate broker under listing contract providing for compensation if sale is made during listing period, where contract or incipient negotiations for sale with customer not produced by broker are not consummated within that period, 160 A.L.R. 1048.    Broker's right to compensation as affected by the fact that customer procured by him joined with another in the purchase of the property involved, 164 A.L.R. 949.    Rights and obligations of real estate broker employed to sell property as affected by option to purchase for himself, 164 A.L.R. 1378.    Right of real estate broker, employed to effect or consummate sale, to compensation where principal refuses or is unable to complete transaction, 169 A.L.R. 605.    Condemnation of property as affecting real estate broker's right to compensation, 170 A.L.R. 1422.   Relative rights and liabilities of vendor and his broker to down payment or earnest money forfeited by vendee for default under real estate contract, 9 A.L.R.2d 495.   Real estate broker's right to commission where purchaser refuses to go through with executory contract because of reckless misrepresentation made to him by broker respecting property, 9 A.L.R.2d 504.   Statutory necessity and sufficiency of written statement as to amount of compensation in broker's contract to procure purchase, sale, or exchange of real estate, 9 A.L.R.2d 747.   Broker's right to commission where customer repudiates or fails to complete contract or promise which is oral or not specifically enforceable, 12 A.L.R.2d 1410.   Effect of statement of real estate broker to prospective purchaser that property may be bought for less than list price as breach of duty to vendor, so as to bar claim for commission, 17 A.L.R.2d 904.   What deviation in prospective vendee's proposal from vendor's terms precludes broker from recovering commission for producing a ready, willing, and able vendee, 18 A.L.R.2d 376.   Broker's right to commission on sales consummated after termination of employment, 27 A.L.R.2d 1348.   Agreement between brokers as within statute requiring agreements for commissions for the sale of real estate to be in writing, 44 A.L.R.2d 741.   Conveyance of real property to mortgagee or lienholder as constituting "sale or exchange" rendering owner liable for commissions to broker having exclusive agency or exclusive right to sell, 46 A.L.R.2d 1116.   Broker's right to commission for selling part of property, 47 A.L.R.2d 680.   Broker's return of deposit to purchaser as waiver of right to demand commission from seller, 69 A.L.R.2d 1244.   Broker's right to commission on sale rejected by principal because of buyer's fraud or mispresentation, 79 A.L.R.2d 1055.   Broker's right to commission on renewal, extension, or renegotiation of lease, 79 A.L.R.2d 1063.   "Exclusive right to sell" and other terms in real estate broker's contract as excluding owner's right of sale, 88 A.L.R.2d 936.   Real estate broker's right to compensation as affected by failure or refusal of principal's spouse to join in contract of sale, 10 A.L.R.3d 665.   Validity, construction, and enforcement of business opportunities or "finder's fee" contract, 24 A.L.R.3d 1160.   Liability of purchaser of real estate for interference with contract between vendor and real estate broker, 29 A.L.R.3d 1229.   Liability of defaulting purchaser to owner's broker or auctioneer, 30 A.L.R.3d 1395.   Broker's right to commission from principal upon procuring third party taking an option, 32 A.L.R.3d 321.   Right of real estate broker to commission where listing contract is for sale of property and it is subsequently leased to one with whom broker had negotiated, 42 A.L.R.3d 1430.   Validity, construction, and effect of real estate brokers' multiple-listing agreement, 45 A.L.R.3d 190.   Right of mortgage broker to commission where principal violated conditions of agreement, 45 A.L.R.3d 1326.   Construction of provision in real estate broker's listing contract that broker shall receive commission on sale after expiration of listing period to one with whom broker has "negotiated" during listing period, 51 A.L.R.3d 1149.   Real estate broker's right to commission for procuring lessee, where lease terminates before contemplated term, 54 A.L.R.3d 1171.   Validity, construction, and effect of provision in exclusive listing agreement for payment of commission on termination by owner, 69 A.L.R.3d 1270.   Modern view as to right of real estate broker to recover commission from seller-principal where buyer defaults under valid contract of sale, 12 A.L.R.4th 1083.   What constitutes financial ability to perform within rule entitling broker to commission for producing ready, willing and able purchaser of real property, 87 A.L.R.4th 11.