As used in this chapter, the term:
(2.1) "Brokerage agreement" means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker's producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker's performing property management services or performing community association management services.
(4.1) "Community association" means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an incident of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.
(4.2) "Community association management services" means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.
(4.3) "Community association manager" means a person who acts on behalf of a real estate broker in providing only community association management services.
(4.4) "Firm" means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.
(5.1) "Ministerial acts" means those acts related to real estate brokerage activities which a licensee or a licensee's employee performs and which do not require discretion or the exercise of the licensee's own judgment.
(Ga. L. 1925, p. 325, § 2; Ga. L. 1927, p. 307, §§ 21, 22; Ga. L. 1929, p. 316, § 29; Code 1933, § 84-1402; Ga. L. 1965, p. 629, § 2; Code 1933, § 84-1401, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1974, p. 379, § 1; Ga. L. 1980, p. 1398, § 1; Ga. L. 1985, p. 360, § 1; Ga. L. 1990, p. 650, § 1; Ga. L. 1993, p. 123, § 49; Ga. L. 1995, p. 1216, § 3; Ga. L. 1996, p. 194, § 3; Ga. L. 2000, p. 1527, § 11; Ga. L. 2003, p. 370, § 7.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- Some of the following annotations are taken from opinions under former Code 1933, § 84-1402, as it read prior to revision of the chapter by Ga. L. 1973, p. 100, which are included in the annotations for this Code section in light of the similarity of the statutory provisions.
Employees of property management companies who negotiate agreements must be licensed. 1977 Op. Att'y Gen. No. 77-26.
Broker's sale of own realty through brokerage company may employ only licensed salespersons.- If broker sells personal real estate through the broker's brokerage company, or otherwise represents to prospective purchasers that the purchasers are dealing with a licensed broker, the broker may employ only licensed salespersons to make such sales on the broker's behalf. 1977 Op. Att'y Gen. No. 77-26.
Person finding buyer for free but charging loan fee needs no license.- Person charging a fee and obtaining a loan on real estate does not fall within the statutory definition of a real estate broker or real estate salesperson; therefore, such person is not required to be licensed. 1950-51 Op. Att'y Gen. p. 149.
Person who procures a purchaser for real estate, but who does not accept any compensation therefor, does not violate law requiring all real estate dealers to first procure a license, notwithstanding fact that such person does charge a fee for services in procuring a loan incident to purchase of such property. 1952-53 Op. Att'y Gen. p. 410.
Mortgage brokerage firm, acting as "finder," and placing and forwarding loans, does not fall under the statute as to such activities, notwithstanding that such firm may be owned by licensed real estate brokers and would be subject to such law with respect to activities governed thereby. 1970 Op. Att'y Gen. No. U70-131.
Placing advertisement for sale of real estate.- Mere running of advertisement offering for sale real estate not owned by advertiser does not violate prohibition against holding oneself out as a dealer without a license. 1948-49 Op. Att'y Gen. p. 636.
Firm dealing in realty and using word "realty" in name need not necessarily be licensed.- An individual, firm, or corporation may use the name "realty" and may actually deal in real estate without obtaining a license from the Georgia Real Estate Commission; provided, however, such person, firm, or corporation does not for another and for a fee, commission, or other valuable consideration, sell, exchange, buy, rent, or offer or attempt to negotiate a sale, exchange, purchase, or rental of any estate or interest in real estate or collect or offer or attempt to collect rent for use of real estate. 1950-51 Op. Att'y Gen. p. 150.
Realty business operators must be brokers, even if not participating in transactions.- Properly construed, persons operating a business for purpose of obtaining rental units for clients are required to register as real estate brokers, notwithstanding fact that such persons do not themselves participate in actual negotiation of lease contract. 1952-53 Op. Att'y Gen. p. 165.
Management firm for cooperative must be licensed.- Corporation which is performing administrative and management services for a cooperative, which include collection of monthly rental payments, and occasional involvement in sale or transfer of membership unit from dwelling member to new member must secure a license as a real estate broker. 1970 Op. Att'y Gen. No. U70-14.
Employee who shows houses for commissions must be licensed.- Person employed by another for purpose of showing property for sale or rent and who receives a fee, commission, or other valuable consideration for services, and who performs such services without first obtaining a license from the Georgia Real Estate Commission acts in violation of this section. 1950-51 Op. Att'y Gen. p. 149.
Cemetery corporation selling rights of interment in cemeteries is required to have a license issued to the corporation by the Georgia Real Estate Commission. 1952-53 Op. Att'y Gen. p. 409.
RESEARCH REFERENCES
Am. Jur. 2d.
- 12 Am. Jur. 2d, Brokers, § 9 et seq.
C.J.S.- 12 C.J.S., Brokers, § 1 et seq.
ALR.
- Necessity and sufficiency of consideration for modification of real estate broker's contract, 42 A.L.R. 987.
Implied contract of employment of real estate broker to procure customer, 49 A.L.R. 933.
Who is real estate agent, salesman, or broker within meaning of statute, 56 A.L.R. 480; 167 A.L.R. 774.
Validity and construction of license tax or fee, or business privilege, or occupational tax, on persons renting or leasing out real estate, 93 A.L.R.2d 1136.