What is A Ministerial Act?

The Georgia Brokerage Relationships in Real Estate Transactions Act (BRRETA) defines ministerial acts as presented below. It is important to note that the definition uses words such as “providing, identifying, and locating.” These verbs do not involve using expert knowledge or providing counseling or consulting.
A Transaction Broker can only provide ministerial acts and does not have an agency relationship with any party. 10-6A-14. Ministerial acts explained; …
(a) A Broker acting as a Transaction Broker may provide assistance to buyers, sellers, tenants, and landlords by performing ministerial acts. Examples of ministerial acts which can be performed by the Transaction Broker on behalf of any of the parties in a real estate transaction include without limitation the following:
(1) Identifying property for sale, lease, or exchange;
(2) Providing real estate statistics and information on property;
(3) Providing preprinted real estate form contracts, leases, and related exhibits and addenda;
(4) Acting as a scribe in the preparation of real estate form contracts, leases, and related exhibits and addenda;
(5) Locating architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and
(6) Identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of any of the parties in a real estate transaction. BRRETA further details the obligations of a Transaction Broker in timely disclosing material facts regarding physical conditions of the property, improvements, and neighborhood.
See BRRETA for further details. In addition to Rule 520-1-.07 (6), understanding the definition of ministerial acts can be useful in determining what activities unlicensed support personnel/assistants can provide for Licensees. The key issue is to determine if the activity requires discretion, judgment, or expert knowledge. If it is unclear if an activity is practicing real estate brokerage, then it is best handled by a Licensee. BRRETA lists and defines the duties and obligations of agency relationships in real estate with sellers, buyers, landlords, and tenants. A review of BRRETA could be a training opportunity to meet requirements of the Broker in providing training to Licensees.
BRRETA makes a clear distinction by defining “Agency” and Transaction Broker:
 “Agency” means every relationship in which a real estate Broker acts for or represents another as a client by the latter’s written authority in a real property transaction. “Transaction Broker” means a Broker who has not entered into a client relationship with any of the parties to a particular real estate transaction and who performs only ministerial acts on behalf of one or more of the parties, but who is paid valuable consideration by one or more parties to the transaction pursuant to a verbal or written agreement for performing brokerage services.
From: Monthly Newsletter of the Georgia Real Estate Commission April 2025 Volume 21 Issue 4