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A real estate licensee in Georgia receives payment for helping a client find and negotiate the purchase of a property, but the payment is labeled a "consulting fee" rather than a "commission." Which statement correctly describes how Georgia license law applies to this situation?

Correct Answer

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

Under O.C.G.A. § 43-40-12, Georgia defines brokerage by the nature of the acts performed—such as negotiating, listing, or selling real estate for another for compensation—not by the label placed on the payment. Any person performing brokerage acts for another for any form of valuable consideration must hold the appropriate license unless a specific statutory exemption under O.C.G.A. § 43-40-29 applies.

Answer Options
A
Labeling the payment as a consulting fee rather than a commission removes the activity from the definition of brokerage under Georgia law.
B
A person who performs brokerage acts for another for compensation in Georgia must generally hold the appropriate real estate license unless a statutory exception applies.
C
Georgia license law applies only when compensation is structured as a percentage-based commission paid at closing.
D
The Georgia Real Estate Commission has no jurisdiction over fee-based advisory services, even if those services include negotiating contract terms on behalf of a client.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionocga_title43_ch40ga_license_law

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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