Rule 520-1-.05(2) Active or Inactive License +11Georgia · Real Estate · English

Every active associate broker, salesperson, or CAM must be licensed under one active Georgia broker and cannot be under more than one Georgia broker at the same time. Affiliation with an out-of-state broker is permitted only if both states allow it and with written permission from the Georgia broker.

• ✓Active licensees must work under one active Georgia broker
• ✓Cannot be licensed under more than one Georgia broker simultaneously
• ✓Out-of-state affiliation requires written permission and both states allowing it

A salesperson or CAM cannot commence brokerage activities until the broker has received the licensee's wall certificate. Applicants changing to broker/qualifying broker status cannot work until receiving the firm's wall certificate.

• ✓Salesperson/CAM cannot work until broker receives wall certificate of licensure
• ✓New brokers/qualifying brokers cannot work until firm's wall certificate received
• ✓Applies after original application and status changes

Active licensees must perform brokerage activity as or on behalf of a broker. Inactive licensees may only perform brokerage activity on real estate they solely own. A licensee cannot be on inactive status and perform brokerage for an unlicensed person; to do so, they must surrender the license and requalify.

• ✓Inactive licensees may only broker real estate they solely own
• ✓Cannot perform brokerage for an unlicensed person while on inactive status
• ✓To work brokerage for an unlicensed employer, must surrender license and requalify

A licensee activating a previously inactive license must have completed the continuing education that would have been required had they been active, or requalify as an original applicant. This does not apply if they can show CE was met for each renewal period on inactive status.

• ✓Must complete CE that would have been required if active, or requalify
• ✓Exception if CE was met for each inactive renewal period
• ✓Requalifying as an original applicant is an alternative

Every active associate broker, salesperson, and CAM must be licensed under one active Georgia broker only, and cannot be under more than one Georgia broker at the same time. They may affiliate with an out-of-state broker only with written permission and if both states allow.

• ✓Must be licensed under an active Georgia broker
• ✓Cannot be under more than one Georgia broker at the same time
• ✓Out-of-state affiliation requires written permission from the Georgia broker
• ✓May not do brokerage on Georgia property except for the active Georgia broker

After original application, a salesperson or CAM may not begin brokerage activity until the broker receives the licensee's wall certificate. After applying to become a firm broker, the applicant may not begin until receiving the firm's wall certificate.

• ✓Salesperson/CAM may not work until broker receives wall certificate
• ✓New firm broker may not work until receiving firm's wall certificate
• ✓Released licensees may not work until affiliating with a new broker and filing a Change Application

Active licensees must perform brokerage activity as or on behalf of a broker. Inactive licensees may only perform brokerage activity on real estate they solely own. Activating an inactive license requires completing CE that would have been required.

• ✓Active licensees perform brokerage only as/on behalf of a broker
• ✓Inactive licensees may act only on real estate they solely own
• ✓Activating inactive license requires completing the CE that would have applied
• ✓A licensee may not be inactive and perform brokerage for an unlicensed person

The license law allows an unlicensed full-time employee of an unlicensed person to perform brokerage activity on property owned by that employer; this exception is not available to licensees.

• ✓Unlicensed full-time employee may act on employer-owned property
• ✓Exception is not available to licensees
• ✓Licensee wishing to be employed by an unlicensed owner must surrender the license first

Upon issuance of an initial decision by OSAH, any party may request review by filing under Rule 520-4-.02 within thirty days from the date the Administrative Law Judge files the initial decision.

• ✓Review request must be filed within 30 days of the initial decision's filing date
• ✓Request must comply with Rule 520-4-.02 filing provisions

All motions, briefs, or documents pertaining to matters before the Commission must be filed at least seven days before the scheduled hearing. All petitions for judicial review must be filed under the Georgia Administrative Procedure Act (O.C.G.A. Chapter 50-13) in Fulton County Superior Court.

• ✓Motions and briefs must be filed at least seven days before the hearing
• ✓Petitions for judicial review must be filed in Fulton County Superior Court
• ✓Judicial review follows the Georgia Administrative Procedure Act

Any Commission rejection or modification of findings of fact, conclusions of law, or disposition must be supported by written reasons in the final decision. A party may move to remand to OSAH for additional testimony, granted only for good cause shown.

• ✓Modifications must be supported by written reasons in the final decision
• ✓Remand motions are granted only for good cause shown
• ✓Commission must notify all parties of its action on a remand motion

Grant-funded courses must be open to all regardless of protected characteristics. Unexpended funds must be returned within 30 days of fiscal year-end. Violations or improper expenditure require repayment plus 6% interest and bar future grants until repaid, with a right to an APA hearing.

• ✓Grant-underwritten courses must be available to all regardless of race, color, religion, sex, handicap, familial status, national origin, age, or organizational membership
• ✓Improperly expended grant funds must be repaid plus interest at 6% per annum, and the recipient is ineligible for future grants until repayment
• ✓Unexpended grant funds must be returned within thirty days of the end of the fiscal year in which the grant was made

Under O.C.G.A. § 43-40-22, the Commission makes monetary grants to institutions or individuals for educational/research opportunities benefiting licensees or the public. The Commission is the sole arbiter of which programs to fund and prioritizes continuing education programs.

• ✓The statutory basis for the grant program is O.C.G.A. § 43-40-22
• ✓The Commission is the sole arbiter of which programs to fund and gives priority to continuing education opportunities

Grant applications must include objectives, benefit statements, course/research details, cost analysis, proprietary-school approval, instructor credentials, and academic credit. The Commission acts within 60 days. Grants cannot obligate payment beyond the fiscal year. Reports and attendee lists are required.

• ✓The Commission must act on all applications within sixty days of receipt of a written original or amended application
• ✓No grant obligates the Commission to make payment beyond the fiscal year in which it decides to support a proposal
• ✓Grant recipients must issue attendance certificates and send the Commission an attendee list within ten days of the end of a program

Individual licenses lapse on the last day of the month of the licensee's birthday unless renewal fees are paid. Firm broker licenses lapse on the last day of the month of the fourth anniversary of original licensure.

• ✓Individual licenses lapse on last day of birthday month
• ✓Firm broker licenses lapse on the fourth anniversary of original licensure
• ✓Renewal fees must be paid to avoid lapsing

A lapsed active or inactive license may be reinstated to active status within two years by paying fees and completing required CE. An inactive license may be reinstated to inactive status within two years by paying fees only. Lapsed licensees may not engage in brokerage until reinstated.

• ✓Reinstate to active within 2 years by paying fees and completing CE
• ✓Reinstate inactive to inactive within 2 years by paying fees only
• ✓Lapsed licensees prohibited from brokerage activity until reinstated

A license lapsed longer than two but less than five years may be reinstated to active status by paying fees and completing the appropriate Prelicense Course (CAM, Salesperson, or Broker), taken within one year prior to reinstatement application.

• ✓Requires completing the appropriate Prelicense Course
• ✓Course must be taken within one year prior to reinstatement application
• ✓Applies to lapses longer than 2 but less than 5 years

A license lapsed longer than five years due to nonpayment requires requalifying as an original applicant. An active licensee who lapses for failing to complete CE automatically becomes inactive upon paying the renewal fee. Alternatively, any lapsed license may be reinstated by retaking and passing the qualifying exam including the national portion.

• ✓Lapse over 5 years for nonpayment requires requalifying as an original applicant
• ✓CE-lapsed active licensee becomes inactive upon paying renewal fee
• ✓Reinstatement by retaking qualifying exam includes the national portion

Individual licenses lapse on the last day of the birth month if renewal fees are not paid; firm broker licenses lapse on the last day of the month of the fourth anniversary of original licensure.

• ✓Individual licenses lapse on last day of the licensee's birth month
• ✓Firm broker licenses lapse on the fourth anniversary of original licensure
• ✓Lapse occurs unless renewal fees are paid

A licensee whose active or inactive license lapses may reinstate within two years by paying fees and completing required CE. Reinstating to active status requires completion of the CE that would have been required if active.

• ✓Reinstatement within 2 years by paying fees and completing required CE
• ✓Active reinstatement requires CE that would have applied if active
• ✓Inactive license may reinstate to inactive status by paying fees only
• ✓Lapsed licensees may not work until receiving certificate of licensure

A license lapsed more than two but less than five years may be reinstated to active status by paying fees and completing the appropriate prelicense course (CAM, Salesperson, or Broker), taken within one year prior to application.

• ✓Two-to-five-year lapse requires appropriate prelicense course
• ✓Course type matches the lapsed license (CAM/Salesperson/Broker Prelicense)
• ✓Course must be taken within one year prior to reinstatement application
• ✓Alternatively may reinstate by retaking and passing the qualifying exam including national portion

A license lapsed more than five years due to failure to pay fees requires requalifying as an original applicant. Automatic conversion to inactive occurs if a license lapses for failure to complete CE and the renewal fee is paid.

• ✓Lapse over 5 years requires requalifying as an original applicant
• ✓License lapsing for incomplete CE becomes inactive upon paying renewal fee
• ✓Salesperson lapsing for missing post-license education reinstates only per 43-40-8(d)
• ✓Over-5-year post-license lapse requires original applicant requalification

Every licensee must notify the Commission in writing of the final disposition of administrative, civil, or criminal actions involving offenses cited in O.C.G.A. 16-13-111, 43-40-15, or 43-40-25. Civil/administrative notice within 10 days of conclusion; criminal notice within 10 days of conviction with charging documents.

• ✓Notify within 10 days of conclusion for administrative/civil actions
• ✓Notify within 10 days of conviction for criminal actions
• ✓Must include copy of final order or the indictment/accusation/conviction

Each licensee, approved school, or approved instructor must notify the Commission in writing within one month of any change of mailing address, residence address, or email address (if maintained).

• ✓Notify Commission in writing within one month of address change
• ✓Applies to mailing, residence, and email addresses
• ✓Applies to licensees, approved schools, and approved instructors

Nonresidents meeting O.C.G.A. 43-40-9 requirements may obtain a nonresident license. Licensees leaving Georgia must apply to change status, sign a Consent to Jurisdiction, and agree to cooperate with investigations. A nonresident broker may serve as qualifying broker for firms authorized to do business in Georgia.

• ✓Changing to nonresident requires application, Consent to Jurisdiction, and cooperation agreement
• ✓Nonresident brokers may serve as qualifying broker for authorized firms
• ✓Licensees moving away may elect inactive status to avoid termination

No Georgia licensee may perform broker acts on property located in another state without first being licensed there or otherwise complying with that state's laws.

• ✓Cannot perform broker acts in another state without proper licensure there
• ✓Must comply fully with the other state's real estate brokerage laws
• ✓Applies to all acts of a broker as defined in O.C.G.A. 43-40-1

Advertising and materials must indicate Commission underwriting, and participants must be aware of Commission participation; no other use of the Commission name is allowed without prior approval. Substantive changes require prior Commission approval. Underwritten courses must be available to all persons regardless of race, color, religion, sex, handicap, familial status, national origin, age, or organization membership.

• ✓Advertising and materials must disclose Commission underwriting
• ✓Substantive program changes require prior Commission approval
• ✓Underwritten courses must be nondiscriminatory and open to all persons

Unexpended grant funds must be returned within thirty days of the fiscal year end. Violations, falsifications, or breaches may result in grant revocation and return of funds. Recipients who improperly expend funds must repay them plus 6% annual interest and are ineligible for further grants until repayment, with a right to a formal hearing under the Administrative Procedure Act.

• ✓Unexpended grant funds must be returned within 30 days of fiscal year end
• ✓Improperly expended funds must be repaid plus 6% per annum interest
• ✓Recipient is ineligible for further grants until repayment and is entitled to a formal hearing

Education grants are authorized under O.C.G.A. § 43-40-22. The Commission makes monetary grants to public or private institutions or individuals to establish, continue, or expand educational opportunities or research benefiting licensees or the public, and is the sole arbiter of which programs to fund, prioritizing continuing education programs.

• ✓Grant authority is O.C.G.A. § 43-40-22
• ✓Commission is the sole arbiter of which programs to fund
• ✓Priority is given to continuing education programs for licensees

Grant amounts and periods are at the Commission's discretion, with no obligation to pay beyond the fiscal year of support. Grant applications must contain the educational objective, benefit statement, course outline and hours, research details, cost analysis, State Board of Education approval where applicable, instructor list and credentials, academic credit, and any other required information.

• ✓No grant obligates payment beyond the fiscal year of support
• ✓Applications must include educational objective, cost analysis, and benefit statement
• ✓Applications must include State Board of Education approval evidence where applicable

The Commission must act on grant applications within sixty days and notify the applicant in writing; acceptance and rejection decisions are final. A full expenditure report is due within thirty days of the fiscal year end. Recipients must issue certificates of attendance and send an attendance list to the Commission within ten days of a program's end.

• ✓Commission must act within 60 days of receiving an application
• ✓Expenditure report due within 30 days of the fiscal year end
• ✓Attendance list due to Commission within 10 days of program end

Licensees must notify the Commission of final disposition of administrative, civil, or criminal actions involving specified offenses within 10 days, including documentation. Address, residence, and email changes must be reported within one month.

• ✓Report final disposition of covered legal actions within 10 days
• ✓Include copy of final order (civil/administrative) or indictment/conviction (criminal)
• ✓Report mailing, residence, and email address changes within one month

Nonresidents meeting 43-40-9 requirements may be granted nonresident licenses. Licensees moving out of state must apply to change status, sign a Consent to Jurisdiction, and agree to cooperate with investigations. Alternatively they may go inactive.

• ✓Nonresidents may qualify under O.C.G.A. 43-40-9
• ✓Moving licensees must apply to change status and sign Consent to Jurisdiction
• ✓Must sign an agreement to cooperate with Commission investigations
• ✓Alternatively may place license on inactive status to avoid termination

A nonresident broker can serve as qualifying broker for any licensed corporation, LLC, or partnership, including out-of-state entities authorized by the Secretary of State to do business in Georgia. No Georgia licensee may perform broker acts on out-of-state property without proper out-of-state licensure.

• ✓Nonresident broker may serve as qualifying broker for licensed firms
• ✓May qualify out-of-state entities authorized to do business in Georgia
• ✓No Georgia licensee may act on out-of-state property without that state's licensure

Each exclusive brokerage agreement must fully set forth its terms and have a definite expiration date. The licensee securing the engagement must furnish each signer a true copy at the time of signing. Net brokerage engagements are prohibited.

• ✓Exclusive brokerage agreements must have a definite expiration date
• ✓A true copy must be furnished to each signer at the time of securing
• ✓Net brokerage engagements are prohibited

Every written property management agreement must identify the property, contain management terms, specify remittance and reporting terms (statements at least annually), specify third-party payments, state fees and payment timing, address deposits/prepaid rents, contain effective and termination dates, provide termination terms, and be signed by broker and owner.

• ✓Must contain effective date and termination date and termination terms
• ✓Must specify fee/commission amount and when paid
• ✓Periodic written income/expense statements required at least annually; must be signed by broker and owner

A licensee buying/leasing listed property must disclose their position as buyer/tenant and insert a clause in the contract; likewise when selling their own property. Licensees must make written disclosure to both parties revealing agency and consideration source, no later than when a party first makes an offer.

• ✓Must disclose licensee's position as buyer/seller/tenant/landlord with a contract clause
• ✓Written disclosure of agency and consideration source required to both parties
• ✓Disclosure due no later than the time any party first makes an offer

A broker providing community association management who handles CA funds must be covered by a fidelity bond/insurance unless never handling more than $60,000. Coverage must equal at least three months of assessments plus required reserves, name the association as additional insured, cover the broker and staff, and require 30 days' notice of cancellation (10 for non-payment).

• ✓Fidelity coverage required unless funds never exceed $60,000
• ✓Coverage at least 3 months assessments plus required reserves
• ✓Must name association as additional insured; 30-day (10-day for nonpayment) cancellation notice

Real estate licensees shall not pay a fee or commission to a licensee representing another party to a transaction except with the full knowledge and written consent of all parties.

• ✓Cannot pay fee to a licensee representing another party without consent
• ✓Requires full knowledge and written consent of all parties
• ✓Governed by O.C.G.A. 43-40-2 and 43-40-25

Each exclusive brokerage agreement must fully set forth its terms and have a definite expiration date. The licensee securing an engagement must furnish a true copy to each signer. Net brokerage engagements are prohibited.

• ✓Exclusive brokerage agreements must have a definite expiration date
• ✓Terms must be fully set forth in the agreement
• ✓A true copy must be given to each signer at time of securing
• ✓Net brokerage engagements are prohibited

Every written property management agreement must identify the property, contain all management terms, specify remittance and reporting terms (at least annual statements), specify who pays expenses, state fees, specify who holds deposits, contain effective/termination dates and terms, and be signed by broker and owner.

• ✓Must identify property and contain all management terms
• ✓Written statements to owner at least annually
• ✓Must state fee/commission amount and timing
• ✓Must specify who holds security deposits and prepaid rents
• ✓Must contain effective and termination dates and be signed by both parties
• ✓Copy given to owner at time signature is obtained; broker retains a copy

A broker providing CAM services who handles association funds must be covered by a fidelity bond or insurance unless funds never exceed $60,000. Coverage must at minimum equal three months' assessments plus required reserves, name the association as additional insured, and require 30 days' cancellation notice (10 for nonpayment).

• ✓Fidelity coverage required unless funds never exceed $60,000
• ✓Minimum coverage equals three months' assessments plus required reserves
• ✓Association must be named as additional insured
• ✓30 days' notice before cancellation/modification (10 days for nonpayment)
• ✓Separate coverage maintained per association; copy provided to association

A licensee buying/leasing listed property must disclose their position as buyer/tenant and insert a clause; a licensee selling owned property must disclose their position as seller/landlord. Written disclosure of agency and compensation source must be made to both parties no later than when any party first makes an offer.

• ✓Licensee buying/leasing listed property must disclose position and insert clause
• ✓Licensee selling owned property must disclose position and insert clause
• ✓Written agency and compensation disclosure to both parties
• ✓Disclosure required no later than when any party first makes an offer
• ✓Cannot pay a fee to a licensee representing another party without full written consent of all parties

A broker cannot conduct business under any name other than the one on the license. A broker or qualifying broker is responsible for affiliated licensees who violate the law, must instruct affiliates on the License Law and Rules, and must notify the Commission of any violations.

• ✓Broker cannot use any name other than the licensed name
• ✓Broker/qualifying broker is responsible for affiliated licensees' violations
• ✓Must instruct affiliates and notify the Commission of violations

Support personnel may perform only ministerial duties not requiring discretion or judgment, and both firm and affiliated licensee are responsible for their acts. Written agreements are required. Support personnel may answer phones, assemble closing documents, place signs, and schedule appointments, but may not show real estate, discuss terms/amenities, negotiate commissions, or hold trust funds.

• ✓Support personnel may perform only ministerial duties, not real estate brokerage activities
• ✓Written agreements required specifying permitted and prohibited tasks
• ✓Prohibited from showing property, negotiating commissions, discussing terms, or holding deposit monies

When a qualifying broker of a partnership, LLC, or corporation dies, resigns, or is discharged unexpectedly, the firm has 60 days to secure a new qualifying broker or must cease brokerage activity. During the gap, the firm must designate a partner, member, or officer to sign documents and disburse trust funds.

• ✓Must secure new qualifying broker within 60 days or cease brokerage
• ✓Firm must designate a partner/member/officer to act during the gap
• ✓Designee may sign documents and disburse trust funds as required by contracts

A releasing broker must immediately sign the release and forward the departing licensee's wall certificate to the Commission or notify that it went to the new broker. Disputes over compensation agreements cannot be grounds to refuse signing a release. Licensees must transfer or go inactive within one month of the Commission receiving the certificate.

• ✓Releasing broker must immediately sign release and forward wall certificate
• ✓Compensation disputes cannot justify refusing to sign a release
• ✓Licensee must transfer or go inactive within one month of certificate receipt

A departing licensee cannot take or use brokerage engagements secured through the releasing broker unless authorized, must account for client names, and return firm property. A departing licensee may not contact firm clients under existing engagements until expiration except with written broker approval.

• ✓Cannot take/use firm brokerage engagements without authorization
• ✓Must return all firm property, keys, records, and signs
• ✓Cannot contact firm clients under existing engagements without written approval

A Georgia broker may divide or share a commission with a broker licensed in another state. A referring out-of-state broker may be paid a referral fee but may not perform other broker acts on Georgia property without obtaining a nonresident license or a written agreement with a Georgia broker.

• ✓Georgia brokers may share commissions with brokers licensed in other states
• ✓Out-of-state brokers may receive referral fees for referring clients
• ✓Out-of-state brokers cannot perform other broker acts on Georgia property without a nonresident license or written agreement

A broker or qualifying broker may serve as broker/qualifying broker for one or more additional licensed firms. An associate broker may do so if they notify their affiliated broker in writing of intended services as broker/qualifying broker with another firm.

• ✓A broker may serve as qualifying broker for multiple licensed firms
• ✓An associate broker must give written notice to their affiliated broker
• ✓Notice required before serving another firm as broker/qualifying broker