Georgia Code, Title 43, Chapter 40 - Real Estate Brokers and Salespersons

• § 43-40-1 - Definitions
  As used in this chapter, the term: (1) "Associate broker" means a person who acts on behalf of a real estate broker in performing...
• § 43-40-2 - Creation of Commission; Members; Meetings; Recusal for Conflict of Interest; Removal; Compensation; Annual Report; Budget Unit
  (a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the...
• § 43-40-3 - Determination of Fees by Commission
  The commission is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee...
• § 43-40-3.1 - Rules and Regulations
  Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a...
• § 43-40-4 - Office of Commissioner; Qualifications; Restrictions; Staff; Oath; Duties and Powers; Reimbursement
  (a) There is established within the commission the office of real estate commissioner.(b) The commissioner shall be a full-time employee of the commission and...
• § 43-40-5 - Status of License of Commissioner and Commission Employees
  The real estate license of the real estate commissioner and all other employees of the commission who are licensed by the commission shall be...
• § 43-40-6 - Seal; Records
  (a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words "State Real Estate Commission,...
• § 43-40-7 - Application for Licenses; Confidentiality
  (a) Any person desiring to act as a real estate licensee must file an application for a license with the commission. All original and...
• § 43-40-8 - Qualifications of Licensees; Course of Study for Licensed Salespersons; Lapse; Reinstatement; Renewal; Continuing Education; Standards for Courses
  (a) In order to qualify to become an applicant for a community association manager's license, an individual shall: (1) Have attained the age of...
• § 43-40-9 - Nonresident Licensees; Service of Process; Reciprocity; Contracts With Licensed Georgia Brokers
  (a) A nonresident holding a license on July 1, 1991, shall not be required to meet the requirements of this Code section in order...
• § 43-40-10 - Requirements for Firm to Be Granted Broker's License
  No broker's license shall be granted to a firm unless: (1) Said firm designates an individual licensed as a broker as its qualifying broker...
• § 43-40-11 - Form of License
  The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each...
• § 43-40-12 - Fees; Inactive Status; Licensure of Broker As Salesperson; Penalty Fees; Extension of Renewal Period
  (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission...
• § 43-40-13 - Disposition of Fees Collected Under Chapter
  All fees collected pursuant to this chapter shall be deposited by the commission into the state treasury. Out of the funds thus arising shall...
• § 43-40-14 - Power of Commission to Issue, Revoke, or Suspend Licenses and Censure Licensees; Power to Enter Contracts; Retention of Funds
  The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to...
• § 43-40-15 - Grant, Revocation, or Suspension of Licenses; Other Sanctions; Surrender or Lapse; Conviction; Noncompliance With Child Support Order; Borrowers in Default
  (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of...
• § 43-40-16 - Refusal to Issue Licenses; Hearings; Judicial Review
  (a) If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue...
• § 43-40-17 - Revocation or Suspension of License Issued to Partnership, Limited Liability Company, or Corporation
  Reserved. Repealed by Ga. L. 2003, p. 370, § 13, effective May 30, 2003.
• § 43-40-18 - Management of Firm and Licensed Affiliates; Compliance With Local Ordinances
  (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however,...
• § 43-40-19 - Change of Place of Business; Transfer of Salesperson, Associate Broker, or Community Association Manager
  (a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 30 days...
• § 43-40-20 - Trust or Escrow Checking Account for Real Estate Business; When Entitled to Commission
  (a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage...
• § 43-40-21 - Violations Involving Real Estate Accounts; Report to Attorney General; Injunctions; Appointment of Receiver
  Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed...
• § 43-40-22 - Real Estate Education, Research, and Recovery Fund; Revocation of License Upon Court Order for Payment From Fund; Subrogation
  (a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real...
• § 43-40-22.1 - Fidelity Bond or Insurance Requirements for Broker Providing Community Management Services
  (a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to,...
• § 43-40-23 - Applicability of County or Municipal License, Occupational, or Professional Taxes
  No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided...
• § 43-40-24 - Requisites for Maintenance of Action Under Chapter
  (a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of...
• § 43-40-25 - Violations by Licensees, Schools, and Instructors; Sanctions; Unfair Trade Practices
  (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," whenever a...
• § 43-40-25.1 - Completion of Certain Forms Not Practice of Law; Contents of Certain Forms
  It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such...
• § 43-40-25.2 - Alternative Disciplinary Procedures; Citations
  (a) It is the intent of the General Assembly to provide the commission with measures to use as alternatives to the sanctions provided for...
• § 43-40-26 - Hearings Before Commission; Judicial Review
  (a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for...
• § 43-40-27 - Investigation of Complaints; Subpoenas; Confidentiality; Publication of Licensee Name Upon Revocation or Suspension; Closed Meetings
  (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant...
• § 43-40-27.1 - Conviction Data
  (a) As used in this Code section, the term "conviction data" means a record of a finding or verdict of guilty or plea of...
• § 43-40-28 - Injunctive Actions
  Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of...
• § 43-40-29 - Exceptions to Operation of Chapter
  (a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as...
• § 43-40-30 - Acting Without a License; Cease and Desist Order; Judicial Review; Effect of Code Section on Other Remedies
  (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to...
• § 43-40-30.1 - Employer-Employee or Broker-Independent Contractor Relationships Between Licensees
  Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees...
• § 43-40-30.2 - Broker's License Granted to Corporation, Partnership, or Limited Liability Company Engaged in Providing Community Association Management Services; Qualifications of Qualifying Broker
  Repealed by Ga. L. 1996, p. 194, § 14, effective July 2, 1997.
• § 43-40-31 - Penalty
  Any person acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other...
• § 43-40-32 - Termination
  Repealed by Ga. L. 1992, p. 3137, § 33, effective July 1, 1992.

Last modified: October 14, 2016