- Georgia Real Estate Commission (GREC)
- The Georgia state agency that licenses and regulates real estate salespersons, brokers, and community association managers under O.C.G.A. Title 43, Chapter 40.
- How many members serve on GREC?
- Six members, appointed by the Governor and confirmed by the Senate for five-year terms — five active licensees and one consumer member.
- The sixth (consumer) member of GREC
- Must have no connection to the real estate industry but a recognized interest in consumer protection.
- Real Estate Commissioner (Georgia)
- GREC's chief administrative officer, who directs staff, investigates complaints, and issues citations and orders.
- O.C.G.A. Title 43, Chapter 40
- The Official Code of Georgia Annotated chapter governing real estate brokers and salespersons — the source of GREC's authority.
- GREC Rules (Chapter 520)
- GREC's administrative rules implementing the statute — trust accounts, advertising, education, recordkeeping, and conduct.
- Georgia salesperson pre-license education
- A 75-hour GREC-approved salesperson course must be completed before sitting for the exam.
- Minimum age for a Georgia salesperson license
- 18 years old, and the applicant must be a high school graduate or hold a certificate of equivalency.
- Georgia 25-hour postlicense course
- A new salesperson must complete a 25-hour GREC-approved postlicense course within the first year, or the license lapses.
- Georgia continuing education requirement
- 36 hours of GREC-approved CE during each four-year renewal period, including a required 3-hour Georgia License Law course.
- Georgia license renewal cycle
- A real estate license renews every four years, due by the last day of the licensee's birth month at the end of the cycle.
- Qualifying for the Georgia broker exam
- An applicant must have held an active salesperson's license for at least three of the five years immediately preceding the application.
- BRRETA
- The Brokerage Relationships in Real Estate Transactions Act (O.C.G.A. Chapter 10-6A) — Georgia's statute defining agency relationships and duties.
- Client vs. customer under BRRETA
- A client is represented in an agency capacity under a brokerage engagement; a customer receives only ministerial acts with no agency relationship.
- Brokerage engagement
- The contract (such as a listing or buyer agency agreement) that creates a client relationship under BRRETA.
- Dual agency in Georgia
- Lawful only with the prior written consent of all clients (O.C.G.A. 10-6A-12); the consent must describe the transaction and the adverse interests.
- Designated agent (Georgia)
- Two licensees in the same firm, each appointed by the broker to represent a different client in the same transaction, so neither is a true dual agent.
- GREC trust fund deposit rule (520-1-.08)
- A broker must deposit trust funds (earnest money) into the designated trust account as soon after receipt as is practicably possible.
- Trust account record retention (Georgia)
- A Georgia broker must retain trust account and transaction records for at least three years.
- Trust account identification (Georgia)
- The broker's trust account must be clearly identified as a trust or escrow account at the financial institution.
- Trust account reconciliation (Georgia)
- GREC requires a broker to reconcile the trust account at least monthly.
- Commingling (Georgia)
- Improperly mixing client trust funds with the broker's own or business funds — a violation of O.C.G.A. 43-40-20.
- Maximum GREC fine per violation
- Up to $1,000.00 for each violation of the license law or GREC rules (O.C.G.A. 43-40-25).
- Maximum aggregate GREC fine per proceeding
- Generally $5,000.00 for multiple violations in a single disciplinary proceeding (O.C.G.A. 43-40-25).
- GREC disciplinary sanctions
- GREC may censure, fine, suspend, or revoke a license, or require additional education (O.C.G.A. 43-40-25).
- GREC citation (O.C.G.A. 43-40-25.2)
- An order from the Commissioner that may require a broker to correct trust-account problems and take other action short of a full hearing.
- Real Estate Education, Research, and Recovery Fund
- A Georgia fund (O.C.G.A. 43-40-22) compensating the public for an uncollectible judgment against a licensee for fraud or conversion.
- Recovery Fund per-claim limit
- No single claimant may recover more than $25,000.00 from the Recovery Fund for a claim.
- Recovery Fund per-licensee aggregate limit
- The Fund's liability for the acts of any one licensee is capped at $75,000.00 in aggregate.
- Effect of a Recovery Fund payment on a license
- When the Fund pays on a licensee's behalf, GREC revokes the license; it is not reinstated until the Fund is repaid with interest.
- Inactive (Georgia) license status
- A salesperson not actively engaged in brokerage may place the license on inactive status rather than affiliating with a broker.
- Georgia license lapse for nonpayment
- If a license lapses for more than the statutory period for failure to pay renewal fees, the licensee may have to reinstate or re-examine.
- Sponsoring broker (Georgia)
- The broker who holds a salesperson's license; a salesperson must work under and be paid through this broker, never independently.
- From whom may a Georgia salesperson accept compensation?
- Only from the sponsoring broker who holds the license — never directly from a client or another party.
- Georgia address-change notice
- A licensee must notify GREC of a change in mailing address (Georgia requires prompt written notice).
- When a Georgia real estate license is required
- Generally whenever a person, for a fee, performs brokerage acts for another (listing, selling, leasing, or negotiating) under O.C.G.A. 43-40-1.
- Exemptions from Georgia licensing
- Owners dealing with their own property, attorneys acting in their practice, and certain others are exempt under O.C.G.A. 43-40-29.
- Duties owed to a customer (O.C.G.A. 10-6A-5)
- Honesty, fair dealing, and disclosure of known latent defects — but not full agency duties.
- Georgia Fair Housing Act
- O.C.G.A. Title 8, Chapter 3 — mirrors the federal protected classes (race, color, religion, sex, national origin, familial status, disability).
- Who enforces the Georgia Fair Housing Act?
- The Georgia Commission on Equal Opportunity, which investigates housing-discrimination complaints.
- Georgia earnest money on a Saturday
- The broker must still deposit it into the trust account as soon as practicably possible per GREC Rule 520-1-.08.
- Self-dealing disclosure (Georgia)
- A licensee buying for their own account, or selling property they own, must disclose their license status to the other party.
- Georgia stigmatized-property statute
- O.C.G.A. 44-1-16 — a death, felony, or a prior occupant's disease (e.g., HIV/AIDS) is not a material fact that must be volunteered.
- Answering a direct disease question (Georgia)
- Under O.C.G.A. 44-1-16, a licensee may decline to disclose whether a prior occupant had a disease such as HIV/AIDS, without liability.
- Community association manager (CAM) license
- A separate Georgia license category administered by GREC for those managing community associations.
- Georgia transfer tax authority
- O.C.G.A. § 48-6-1 establishes Georgia's real estate transfer tax on recorded deeds.
- Georgia transfer tax rate
- $1.00 for the first $1,000 of consideration plus 10 cents ($0.10) per additional $100 — effectively $1 per $1,000.
- Who pays the Georgia transfer tax?
- The seller is primarily liable, and it is paid when the deed is recorded with the Clerk of Superior Court.
- Georgia attorney closing
- Georgia requires a licensed Georgia attorney to conduct the real estate closing and examine title.
- Georgia security deed
- Georgia's standard security instrument (deed to secure debt): the borrower conveys title to the lender until the loan is repaid.
- Georgia foreclosure method
- Foreclosure by power of sale — a non-judicial foreclosure by advertisement under the security deed.
- Georgia is a title-theory state
- Because the lender takes a security deed conveying title, Georgia is a title-theory (not lien-theory) state.
- Where Georgia deeds are recorded
- With the Clerk of Superior Court in the county where the property is located.
- Georgia ministerial acts
- Acts that involve no discretion or advocacy, such as showing property or providing forms — what a broker may do for a customer.
- Untrustworthy or dishonest dealing (Georgia)
- A ground for discipline under O.C.G.A. 43-40-25, even for acts outside a specific transaction.
- Georgia background check
- Applicants submit a criminal-history (GCIC) report and verify lawful presence with the license application.
- Brokerage engagement vs. listing
- A brokerage engagement is BRRETA's term for any agency contract; a listing is the seller-side example.
- Single agent (Georgia)
- A broker representing only one client (buyer or seller) in a transaction, owing that client full BRRETA duties.
- Transaction broker concept (Georgia)
- Georgia recognizes non-agency assistance: a broker may help as a facilitator without forming a client (agency) relationship.
- Advertising rule (Georgia)
- All advertising must be done in the name of, and authorized by, the sponsoring broker; blind ads are prohibited.
- Broker price opinion (Georgia)
- A licensee may prepare a broker price opinion or CMA but may not call it a formal appraisal unless licensed as an appraiser.
- GREC Infinity
- GREC's online licensing system where Georgia licensees apply, renew, and manage their license records.
- First-renewal CE credit (Georgia)
- For a first renewal, the 25-hour postlicense course counts toward 9 of the 36 required CE hours.
- Broker-specific CE (Georgia)
- Georgia brokers must include a minimum number of broker-specific CE hours within the 36-hour requirement.
- Improper handling of trust funds (Georgia)
- A frequent basis for GREC discipline, including failing to deposit, commingling, or converting client funds.
- Georgia broker responsibility
- The broker holding a salesperson's license is responsible for the proper handling of trust funds and supervision.
- Net listing in Georgia
- Permitted but disfavored; the conflict of interest makes full disclosure essential and GREC scrutinizes them.
- Georgia license reciprocity
- GREC offers license recognition for certain out-of-state licensees who meet Georgia requirements.
- Real property
- Land plus everything permanently attached to it (improvements and fixtures) and the bundle of legal rights of ownership.
- Personal property (chattel)
- Movable items not permanently attached to land; transferred by a bill of sale, not a deed.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fee simple absolute
- The most complete ownership — absolute, of unlimited duration, freely transferable by deed or will.
- Life estate
- An estate limited to the life of a person; on death it passes to a remainderman or reverts to the grantor.
- Fixture
- Personal property attached to realty so it becomes part of it; the MARIA tests decide fixture status.
- MARIA test
- Method of attachment, Adaptability, Relationship of parties, Intention, and Agreement — used to identify a fixture.
- Trade fixture
- An item a tenant attaches for business use; it remains the tenant's personal property and may be removed.
- Easement
- A nonpossessory right to use another's land for a purpose, such as a driveway or utility line.
- Easement appurtenant
- An easement benefiting an adjacent parcel (the dominant tenement) and burdening another (the servient tenement).
- Encroachment
- An improvement that unlawfully extends onto a neighbor's land; an encumbrance affecting title.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, deed restrictions.
- Police power
- Government's authority to regulate land for public health, safety, and welfare — zoning and building codes.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no heirs.
- PETE
- The four government powers: Police power, Eminent domain, Taxation, Escheat — only eminent domain pays the owner.
- Metes and bounds
- A legal description using distances and compass directions traced back to a point of beginning — common in Georgia.
- Lot-and-block
- A legal description referencing a recorded plat map by lot and block number in a subdivision.
- Acre
- A unit of land area equal to 43,560 square feet.
- Deed restriction (CC&Rs)
- Private limits on land use placed by a developer or owner; enforced by other owners, not the government.
- Severalty
- Sole ownership by one person or legal entity.
- Tenancy in common
- Co-ownership with no survivorship; each owner holds an undivided, willable share.
- Joint tenancy
- Co-ownership with the right of survivorship; in Georgia the survivorship intent must be clearly expressed.
- Four unities of joint tenancy
- Time, Title, Interest, and Possession — all required to create a joint tenancy.
- Is Georgia a community-property state?
- No — Georgia is a common-law (separate-property) state, not a community-property state.
- General warranty deed
- The deed giving the most protection; the grantor warrants clear title against all defects, even pre-ownership ones.
- Limited (special) warranty deed
- Warrants title only against defects arising during the grantor's ownership.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; used to clear clouds on title.
- Requirements of a valid deed
- Competent grantor, named grantee, consideration, granting clause, legal description, and the grantor's signature and delivery.
- Delivery and acceptance
- Title passes when the grantor delivers the deed and the grantee accepts it — not merely on signing.
- Recording (constructive notice)
- Recording a deed in the county gives constructive notice and establishes priority of interests.
- Title insurance
- A policy protecting the insured against loss from title defects that existed before the policy date.
- Chain of title
- The recorded history of ownership of a parcel; a break is a cloud on title.
- Cloud on title
- Any claim or encumbrance that impairs marketable title; often cleared with a quitclaim deed.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile possession for the statutory period.
- Testate vs. intestate
- Testate = dying with a valid will; intestate = dying without one, so property passes by state law.
- Probate
- The court process that validates a will and oversees the transfer of a decedent's property.
- Habendum clause
- The 'to have and to hold' clause in a deed that defines the extent of the interest granted.
- Market value
- The most probable price a property should bring in a competitive, open market under fair conditions — an opinion.
- Market value vs. market price
- Market value is an opinion of worth; market price is the actual amount a property sold for.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, following USPAP.
- Comparative market analysis (CMA)
- A licensee's value estimate from recent comparable sales to help price a listing — not a formal appraisal.
- Highest and best use
- The legal, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Principle of substitution
- A buyer will pay no more than the cost of an equally desirable substitute property.
- Sales comparison approach
- Compares the subject to recently sold similar properties, adjusting for differences. Best for homes.
- Cost approach
- Land value + cost to rebuild the improvements new − depreciation. Best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- NOI ÷ value; a higher cap rate signals more risk and a lower value.
- Reconciliation
- Weighing the three approaches into one final opinion of value — not simply averaging them.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external (economic) obsolescence.
- Functional obsolescence
- Loss in value from outdated design or features within the property, such as a poor floor plan.
- External obsolescence
- Loss in value from factors outside the property, such as a nearby nuisance — generally incurable.
- Gross rent multiplier (GRM)
- A quick value tool: price ÷ gross monthly (or annual) rent, used to compare rental properties.
- Contract
- A legally enforceable agreement between competent parties to do or refrain from doing a lawful act.
- Essential elements of a valid contract
- Mutual agreement (offer & acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires contracts for the sale of real estate (and most leases over a year) to be in writing to be enforceable.
- Void contract
- A contract with no legal effect because it lacks an essential element.
- Voidable contract
- A valid contract one party may rescind, such as one signed by a minor.
- Bilateral vs. unilateral contract
- Bilateral = a promise for a promise; unilateral = a promise for an act (e.g., an option).
- Earnest money
- A buyer's good-faith deposit held in the broker's trust account, usually applied to the price at closing.
- Contingency
- A condition that must be met for a contract to become binding, such as financing or inspection.
- Specific performance
- A court order making a defaulting party complete the sale, available because land is unique.
- Liquidated damages
- An agreed amount (often the earnest money) a party keeps if the other defaults.
- Listing agreement
- A contract employing a broker to find a buyer for the owner's property for compensation.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner sells the property themselves.
- Open listing
- Only the broker who actually procures the buyer earns a commission.
- Net listing
- The broker keeps any amount above the seller's set price — a conflict of interest, disfavored.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care.
- Confidentiality duty
- An agent must protect the client's confidential information — and it survives the end of the relationship.
- Express vs. implied agency
- Express agency is created by a written or oral agreement; implied agency arises from conduct.
- Procuring cause
- The broker whose efforts directly result in the sale and who is therefore owed the commission.
- Buyer agency agreement
- A brokerage engagement creating a client relationship between a broker and a buyer under BRRETA.
- Single vs. dual agency
- Single agency = representing one party; dual agency = representing both, allowed in Georgia only with written consent.
- Novation
- Substituting a new contract or party for an old one, releasing the original party from liability.
- Fair Housing Act (1968)
- Federal law banning housing discrimination by race, color, religion, national origin, sex, familial status, and disability.
- Steering
- Illegally guiding buyers toward or away from neighborhoods based on a protected class.
- Blockbusting
- Inducing panic selling by suggesting a protected class is moving into an area.
- Redlining
- A lender refusing to lend or insure in an area based on its racial or ethnic makeup.
- Reasonable accommodation
- A change in rules or policies so a person with a disability can use housing, such as allowing a service animal.
- Antitrust (commission fixing)
- Brokers may not agree with competitors to fix commission rates — rates are always negotiable.
- Lease (leasehold estate)
- A contract conveying the right to use property for a term in exchange for rent (lessor = landlord, lessee = tenant).
- Gross lease
- The tenant pays a fixed rent and the landlord pays the operating expenses.
- Net lease
- The tenant pays rent plus some or all of the property's operating expenses (taxes, insurance, maintenance).
- Property management agreement
- A contract making a broker the owner's agent to manage a property for a fee.
- Georgia landlord-tenant law
- Georgia residential leases are governed by Georgia landlord-tenant law under O.C.G.A. Title 44.
- Security deposit (Georgia)
- Held for the tenant; Georgia law governs how and when it must be returned after the lease ends.
- Constructive eviction
- When a landlord's failure to maintain the premises makes them uninhabitable, justifying the tenant's departure.
- Conversion (trust funds)
- A licensee using client trust money for the licensee's own purposes — a serious violation.
- Do-not-call & advertising rules
- Licensees must follow federal telemarketing and truthful-advertising rules in their practice.
- Material fact
- Any fact that would affect a buyer's decision or the price they would pay; known material facts must be disclosed.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a known latent defect must be disclosed.
- Patent defect
- An obvious defect a reasonable inspection would reveal.
- Caveat emptor (modern limit)
- 'Let the buyer beware' — now limited by disclosure laws requiring sellers and agents to reveal known material defects.
- Seller's property disclosure (Georgia)
- A common Georgia form for disclosing the property's known condition, though stigmas under O.C.G.A. 44-1-16 are exempt.
- Lead-based paint disclosure
- For pre-1978 housing: disclose known lead paint, give the EPA pamphlet, and allow a 10-day inspection window for sales.
- Target housing
- Residential dwellings built before 1978 — the housing covered by the federal lead-based-paint rule.
- Radon
- An odorless, radioactive gas from soil that can accumulate indoors and is a known health hazard.
- Asbestos
- A hazardous fiber in old insulation and flooring; controlled by removal or encapsulation.
- Mold
- Grows in damp areas; may require disclosure and remediation.
- Underground storage tank (UST)
- Can leak and contaminate soil and groundwater, creating cleanup liability.
- CERCLA (Superfund)
- Federal law imposing liability for cleanup of hazardous-substance contamination.
- Wetlands
- Federally protected areas where development is restricted and may require permits.
- Promissory note
- The borrower's written promise to repay the loan — the evidence of the debt.
- Security deed (Georgia)
- Georgia's financing instrument: the borrower conveys title to the lender until the loan is repaid.
- Foreclosure by power of sale
- Georgia's non-judicial foreclosure by advertisement under the security deed's power-of-sale clause.
- Conventional loan
- A loan not insured or guaranteed by the government; PMI is usually required if the LTV exceeds 80%.
- FHA loan
- A loan insured by the Federal Housing Administration, allowing lower down payments.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs, often with no down payment, for eligible veterans.
- Private mortgage insurance (PMI)
- Insurance a borrower pays on a conventional loan when the LTV exceeds 80%, protecting the lender.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value (or price); a higher LTV means a smaller down payment and more lender risk.
- RESPA
- The Real Estate Settlement Procedures Act — requires settlement-cost disclosures and bans kickbacks.
- TILA / Regulation Z
- The Truth in Lending Act — requires lenders to disclose the cost of credit, including the APR.
- Loan Estimate
- A disclosure the lender must give within three business days of application under TRID.
- Closing Disclosure
- A disclosure the borrower must receive at least three business days before closing under TRID.
- Discount points
- Prepaid interest paid at closing to lower the loan's interest rate; one point = 1% of the loan amount.
- Attorney closing (Georgia)
- Georgia requires a licensed attorney to conduct the closing, disburse funds, and record the deed.
- Commission formula
- Commission = sale price × commission rate.
- Commission on a $300,000 sale at 6%
- $300,000 × 0.06 = $18,000 total commission.
- Price for a target seller net
- Price = net ÷ (1 − commission rate). A $282,000 net at 6% needs $282,000 ÷ 0.94 = $300,000.
- Georgia transfer tax (math)
- Divide the sale price by 1,000 — a $250,000 sale owes $250.00 (about $1 per $1,000).
- Loan-to-value (math)
- LTV = loan ÷ value; an 80% LTV on a $300,000 home is a $240,000 loan.
- Square feet per acre
- One acre = 43,560 square feet — a figure not provided at the test center.
- Feet per mile
- One mile = 5,280 feet — memorize it for the exam.
- Acres in a section
- One section = 640 acres = one square mile.
- Income approach value (math)
- Value = NOI ÷ cap rate. $90,000 NOI ÷ 0.09 = $1,000,000.
- Annual property tax
- Assessed value × tax rate (or mills × 0.001 × assessed value).
- Proration
- Splitting taxes, rent, or interest by the days each party owns the property as of closing.
- Area of a rectangle
- Area = length × width; for an irregular lot, divide it into rectangles and triangles.
- Percentage of profit
- Profit ÷ cost (original investment) = percent gain; a $20,000 gain on $200,000 is 10%.