GA RE Broker study materials
GA RE Broker study resources

GA RE Broker cheat sheet

GA RE Broker · Keep the key ideas within reach.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.

Quick reference

Real Estate Brokerage and License Law

  • Georgia license law is administered by the Georgia Real Estate Commission (GREC), with the Real Estate Commissioner as its chief executive; the Commission adopts rules under O.C.G.A. Title 43, Chapter 40.

  • Active license requires a sponsoring broker; a salesperson cannot receive compensation for brokerage services except through the sponsoring broker, and a licensee may not pay a commission to an unlicensed person for brokerage activity.

  • Broker license requires completion of the 75-hour Salesperson Prelicense course, a minimum period of active salesperson experience (currently 12 months of the prior 5 years), and the 75-hour Broker Prelicense course plus the state exam; salesperson license requires the 75-hour course and exam.

  • Post-license education: first-time salesperson licensees complete 25 hours of post-license education within the first year of licensure; first-time brokers complete 25 hours of broker post-license education in the first year.

  • Renewal is annual by the last day of the licensee's birth month; the Commission mails renewal notices, and late renewal triggers a reinstatement fee plus possible additional education. Continuing education is 36 hours per 4-year cycle, including at least 3 hours of license law.

  • Trust (escrow) funds must be deposited in a designated trust account and, absent a written agreement to the contrary, a broker may not disburse funds until the transaction closes or a written disbursement agreement is signed by all parties; earnest money disputes are resolved by the broker holding funds until agreement or court order.

  • License law violations include commingling trust funds with personal or business funds, conversion, failure to account, undisclosed dual agency, and advertising without the firm name; the Commission may reprimand, suspend, revoke, or impose fines.

  • Fair housing: the federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability; Georgia law adds age and, in some municipal ordinances, other protected classes such as sexual orientation.

Quick reference

Contracts and Agency

  • Georgia real estate contracts require: competent parties, lawful objective, consideration, mutual assent, and a description of the property sufficient to identify it; the statute of frauds requires the agreement to be in writing and signed by the party to be charged.

  • Designated agency is permitted in Georgia: the broker may designate one licensee to represent the buyer and another to represent the seller, with each acting as the client's agent; the broker remains a dual agent if designated agency is not used.

  • Agency relationships arise by express agreement (written agency agreement), implication, estoppel, or ratification; Georgia requires written agency agreements and written disclosure of the brokerage relationship at first substantial contact.

  • The fiduciary duties owed by an agent to a client are obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR); confidentiality survives the termination of the agency relationship.

  • Dual agency requires the informed written consent of all parties; the dual agent may not advocate for one party to the detriment of the other and may not disclose confidential information without consent.

  • Contract remedies: specific performance is available for unique property because land is presumed unique; liquidated damages clauses are enforceable if reasonable and not a penalty; the earnest money is typically the seller's remedy for buyer default.

  • The standard Georgia Association of REALTORS® purchase and sale agreement includes a due diligence period, financing contingency, appraisal contingency, and a separate closing date; the due diligence period is the buyer's right to inspect and terminate for any reason.

  • A counteroffer terminates the original offer; acceptance must be communicated to the offeror, and revocation is effective when received by the offeree before acceptance.

Quick reference

Finance and Settlement

  • Monthly P&I payment = loan amount × (i / (1 − (1+i)^−n)), where i = annual rate / 12 and n = number of monthly payments; the loan amount equals purchase price minus down payment.

  • Qualifying ratios: conventional guidelines generally use a housing expense ratio of 28% and total debt ratio of 36%, with automated underwriting allowing higher ratios; FHA commonly uses 31% housing and 43% total.

  • Points: one discount point equals 1% of the loan amount and is prepaid interest that lowers the note rate; origination fees are lender charges for making the loan.

  • RESPA/TILA: the Loan Estimate must be delivered within 3 business days of application, and the Closing Disclosure at least 3 business days before consummation; a changed circumstance may permit a revised Loan Estimate.

  • Georgia is a deed-of-trust state: the borrower is the grantor, the lender is the beneficiary, and the trustee holds title with power of sale for nonjudicial foreclosure after notice and advertisement as required by law.

  • Prorations at closing use the 365-day year for annual items (property taxes, insurance) and the actual number of days in the month for monthly items (rent); the seller is typically charged for the day of closing in Georgia practice.

  • Real estate transfer tax in Georgia is $1.00 per $1,000 of consideration (rounded up to the next $1,000), typically paid by the seller; the Georgia Residential Mortgage Act licenses mortgage brokers and lenders through the Department of Banking and Finance.

  • Escrow/trust accounting: the broker must maintain a separate trust account, keep records for at least 3 years, and reconcile the trust account monthly; the broker is responsible for the acts of affiliated licensees.

Quick reference

Property, Valuation, and Practice

  • Fixtures: an item is a fixture if it is annexed to the realty, adapted to the use of the property, and intended as a permanent improvement; trade fixtures installed by a tenant remain the tenant's personal property if removed before lease end.

  • Deeds: a general warranty deed contains the broadest covenants (seisin, right to convey, against encumbrances, quiet enjoyment, warranty, further assurances); a quitclaim deed conveys only whatever interest the grantor has, with no warranty.

  • Recording and title: recording gives constructive notice; a title search reveals recorded encumbrances; Georgia uses a race-notice recording statute, so a subsequent purchaser who records first without notice prevails.

  • Easements: an easement appurtenant benefits a dominant tenement and burdens a servient tenement; an easement in gross benefits a person or entity, not a parcel; prescriptive easements require open, notorious, adverse, and continuous use for 20 years in Georgia.

  • Sales comparison approach: adjust comparables to the subject - if the comparable is superior, subtract; if inferior, add; the adjustment is applied to the comparable's price and is based on the value of the difference, not the full cost.

  • Cost approach: value = replacement cost new − depreciation + land value; the income approach capitalizes net operating income at a market-derived cap rate (value = NOI / cap rate).

  • Gross rent multiplier = sale price / gross monthly rent; used for quick income-property comparison; it ignores expenses, so it is a screening tool, not a full valuation.

  • Fair housing and advertising: ads may not state a preference based on a protected class; the broker's firm name must appear in advertising; a licensee must disclose his or her licensed status in advertising and may not advertise a property without the listing broker's permission.