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Practice Of Real EstateLicense_lawHARD

Before accepting compensation for a real-estate activity in Georgia, a person asks whether a license is required. Which statement identifies the activity that requires licensure under Georgia law?

Correct Answer

A) A person who performs brokerage acts for another for compensation must generally hold the appropriate real estate license unless a statutory exemption applies.

O.C.G.A. § 43-40-29 establishes that performing brokerage acts for another person for compensation triggers the licensing requirement. The statute enumerates specific exemptions, but absent one of those exemptions, a license is mandatory. The key elements are: (1) performing a brokerage act as defined in O.C.G.A. § 43-40-1, (2) acting on behalf of another, and (3) receiving or expecting compensation.

Answer Options
A
A person who performs brokerage acts for another for compensation must generally hold the appropriate real estate license unless a statutory exemption applies.
B
Community association management is classified as unlicensed bookkeeping because it involves budgets and financial records rather than property sales.
C
Labeling compensation as a consulting fee rather than a commission removes the activity from the definition of brokerage under Georgia law.
D
A person who performs brokerage acts without compensation must still obtain a license, even if no statutory exemption applies to the activity.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionocga_title43_ch40ga_license_law

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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