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Georgia Statutes, Title 43

Georgia/Statutes

← All Georgia coverage

Title 43

62 chapters · 1,329 sections in this title.

All chapters in Title 431,329 Ch 34, PHYSICIANS, ACUPUNCTURE, PHYSICIAN A…153 Ch 11, DENTISTS, DENTAL HYGIENISTS, AND DEN…53 Ch 18, FUNERAL DIRECTORS AND ESTABLISHMENTS…42 Ch 26, NURSES39 Ch 3, ACCOUNTANTS37 Ch 1, GENERAL PROVISIONS36 Ch 40, REAL ESTATE BROKERS AND SALESPERSONS36 Ch 4B, GEORGIA ATHLETIC AND ENTERTAINMENT C…35 Ch 21, OPERATORS OF HOTELS, INNS, AND ROADH…35 Ch 15, PROFESSIONAL ENGINEERS AND LAND SURV…34 Ch 39A, REAL ESTATE APPRAISERS32 Ch 6, AUCTIONEERS31 Ch 50, VETERINARIANS AND VETERINARY TECHNICIANS30 Ch 4, ARCHITECTS27

36 sections·Filtered byTitle 43✕Ch 40✕

O.C.G.A. § 43-40-1 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Associate broker’’ means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (2) ‘‘Broker’’ means any person who, for another, and who, for a fee, commission, …
O.C.G.A. § 43-40-10 Requirements for ﬁrm to be granted broker’s license
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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 who shall be responsible for assuring that the ﬁrm and its affiliated licensees comply with the provisions of this chapter and its attendant r…
O.C.G.A. § 43-40-11 Form of license
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The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custo…
O.C.G.A. § 43-40-12 Fees; inactive status; licensure of broker as salesperson; penalty fees; extension of renewal period
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(a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rule-making authority. No f…

O.C.G.A. § 43-40-13 Disposition of fees collected under chapter

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All fees collected pursuant to this chapter shall be deposited by the commission into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by t…

O.C.G.A. § 43-40-14 Power of commission to issue, revoke, or suspend licenses and censure licensees; power to enter contracts; retention of funds

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The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter;…

O.C.G.A. § 43-40-15 Grant of licenses; grounds for suspension or revocation of license; other sanctions; surrender or lapse; conviction

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(a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualiﬁcation…

O.C.G.A. § 43-40-16 Refusal to issue licenses; hearings; judicial review

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(a) If the commission, after an application in proper form has been ﬁled with it, accompanied by the proper fee, shall refuse to issue a license to such applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title …

O.C.G.A. § 43-40-18 Management of ﬁrm and licensed affiliates; compliance with local ordinances

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(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-17. (b) …

O.C.G.A. § 43-40-19 Change of place of business; transfer of salesperson, associate broker, or community association manager

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(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 of such change. (b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the li…

O.C.G.A. § 43-40-2 Creation of commission; members; meetings; recusal for conﬂict of interest; removal; compensation; annual report; budget unit

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(a) There is created the Georgia Real Estate Commission, which shall be composed of six members, each of whom shall be appointed by the Governor and conﬁrmed by the Senate for a term of ﬁve years. Any such appointments made when the Senate is not in session shall be effective unt…

O.C.G.A. § 43-40-20 Trust or escrow checking account for real estate business; when entitled to commission

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(a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage transaction or whose affiliated licensees accept such trust funds shall maintain a separate, federally insured account at…

O.C.G.A. § 43-40-21 Violations involving real estate accounts; report to Attorney General; injunctions; appointment of receiver

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Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any ﬁrm licensed as a real estate broker shall refu…

O.C.G.A. § 43-40-22 Real estate education, research, and recovery fund; revocation of license upon court order for payment from fund; subrogation

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(a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. L. 1973, p. 100, shall be transferred to and utilized through the real estate education, res…

O.C.G.A. § 43-40-22.1 Fidelity bond or insurance requirements for broker providing community management services

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(a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a ﬁdelity bond or ﬁdelity insu…

O.C.G.A. § 43-40-23 Applicability of county or municipal license, occupational, or professional taxes

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No county or municipal corporation shall levy or collect any ﬁxed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48-13-17. History. — Code 1981, § 43-40-23, enacted by Ga. L. 1993, p. 1292, § 2.

O.C.G.A. § 43-40-24 Requisites for maintenance of action under chapter

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(a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of …

O.C.G.A. § 43-40-25 Violations by licensees, schools, and instructors; sanctions; unfair trade practices

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(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation, or when…

O.C.G.A. § 43-40-25.1 Completion of certain forms not practice of law; contents of certain forms

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It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange …

O.C.G.A. § 43-40-25.2 Alternative disciplinary procedures; citations

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(a) It is the intent of the General Assembly to provide the commission with measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation and letter of ﬁndings provided for in this Code section shall not be construed as a d…

O.C.G.A. § 43-40-26 Hearings before commission; judicial review

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(a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ Unless otherwise agre…

O.C.G.A. § 43-40-27 Investigation of complaints; subpoenas; conﬁdentiality; publication of licensee name upon revocation or suspension; closed meetings

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(a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any applicant for licensure, licensee, or real estate courses and instructors approved by the commission. Except for investigations of applicants for l…

O.C.G.A. § 43-40-27.1 Conviction data

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(a) As used in this Code section, the term ‘‘conviction data’’ means a record of a ﬁnding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to…

O.C.G.A. § 43-40-28 Injunctive actions

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Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such vio…

O.C.G.A. § 43-40-29 Exceptions to operation of chapter

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(a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property …

O.C.G.A. § 43-40-3 Determination of fees by commission

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The commission is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the commission…

O.C.G.A. § 43-40-3.1 Rules and regulations

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Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regu…

O.C.G.A. § 43-40-30 Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies

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(a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act deﬁned in paragraph (2) of Code Section 43-40-1, whether as a part of a transaction or a…

O.C.G.A. § 43-40-30.1 Employer-employee or broker-independent contractor relationships between licensees

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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 establish employer-employee or broker-independent contractor relationships sha…

O.C.G.A. § 43-40-31 REBATES

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Opticians. Prohibited acts, §43-29-16. RECEIVERS. Charitable solicitations. Prohibited acts. Civil sanctions, §43-17-13. Real estate brokers and salespersons. Violations involving real estate accounts. Appointment of receiver, §43-40-21. RECIPROCITY. Accountants. Certiﬁed public …

O.C.G.A. § 43-40-4 Office of commissioner; qualiﬁcations; restrictions; staff; oath; duties and powers; reimbursement

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(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 shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commiss…

O.C.G.A. § 43-40-5 Status of license of commissioner and commission employees

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The real estate license of the real estate commissioner and all other employees of the commission who are licensed by the commission shall be on inactive status during the time of their employment with the commission. The commissioner or such employees will not be required to pay…

O.C.G.A. § 43-40-6 Seal; records

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(a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words ‘‘State Real Estate Commission, State of Georgia,’’ and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commiss…

O.C.G.A. § 43-40-7 Application for licenses; conﬁdentiality

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(a) Any person desiring to act as a real estate licensee must ﬁle an application for a license with the commission. All original and subsequent applications ﬁled with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following: (…

O.C.G.A. § 43-40-8 Qualiﬁcations of licensees; course of study for licensed salespersons; lapse; reinstatement; renewal; continuing education; standards for courses

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(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 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; …

O.C.G.A. § 43-40-9 Nonresident licensees; service of process; reciprocity; contracts with licensed Georgia brokers

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(a) A nonresident holding a license on July 1, 1991, shall not be required to meet the requirements of this Code section in order to continue to hold a license unless such nonresident allows that license to lapse or applies for a different type of license. (b) The commission may …