Georgia Code
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.
History. Civil Code 1895, § 3015; Civil Code 1910, § 3587; Code 1933, § 4-213.
History of Code section.
This Code section is derived from the decisions in Hyams v. Miller, 71 Ga. 608 (1883), Doonan v. Ives & Krouse, 73 Ga. 295 (1885), and Emery v. Atlanta Real Estate Exch., 88 Ga. 321 , 14 S.E. 556 (1891).
Law reviews.
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).
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).

Structure Georgia Code