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This lesson covers how to obtain a real estate license in Georgia and summarizes Rule 520-1-.04 of the Georgia Rules and Regulations. To obtain a license you will successfully complete the educational requirements, take and pass a state exam, find a broker and apply for your licensure.
Let’s start with the fees you can expect to pay.
Rule 520-1-.04 (1) covers the fees involved in obtaining a license issued by the Georgia Real Estate Commission.
New applicants pay a fee to get their original license and an annual renewal fee for the first four years of their licensure. These fees are due during your birthday month. If a firm activates and pays for an individual’s license, the fees are due on the anniversary of the license activation.
For example, if your birthday is Feb 2nd. Your renewal fee will be due in February each year until you have been an agent for four years.
Fees for licenses issued by the Georgia Real Estate Commission are as follows:
- The activation fee to apply for a license as an individual or associate broker, salesperson, or community association manager is $45. The activation fee for a new firm, school or instructor is $75. Both fees include $20 toward the Real Estate Education, Research and Recovery Fund.
- Renewal fees covering a four-year period are $125.00 for each broker and approved school. Individual licensees and instructors pay $125.00. However, if paid through the Commission's online renewal system, the fees are reduced to $100.
- Reinstating a license suspended due to nonpayment or failure to meet educational requirements is $100 if submitted within four months of the lapse.This fee increases by $25.00 for each month or portion of a month thereafter. If your license is lapsed for more than 5 years, you must retake the state exam.
- $25 for the following: failure to notify the Commission of change of address within 30 days; failure to notify the Commission when you’ve registered with a new broker or applied for voluntary inactive status due to the broker’s choice or your own, and for incomplete applications returned by the commission.
- $100 for returned checks or disputed credit card charges for fees owed to the Commission.
- Instructors and school applicants applying for original approval must pay four calendar years in advance for all fees due to the Commission.
Rule 520-1-.04 (2) summarizes the required experience for a broker’s license.
Brokers applying for a license in Georgia face certain requirements.
First, a candidate for a broker or an associate broker's license can fulfill the experience requirement based on experience in another state. Typically, they must prove to the Commission that they had an active license for three out of five years just prior to applying for their license. If complete records aren’t available, the candidate must meet the following conditions:
- the candidate obtained the experience within five years of applying for a Georgia license;
- the candidate’s previous jurisdiction can show that the applicant had a license during the previous five years.
Second, the Commission can also consider the following:
- transaction files showing brokerage activity within the past five years;
- an affidavit from a licensed broker who the applicant was associated with stating the following:
- 1) the broker is currently licensed,
- 2) the dates the broker was associated with the applicant, and
- 3) the number and type(s) of transactions completed.
For candidates who were brokers in another state, the candidate can submit an affidavit stating that:
- they were licensed,
- the dates the candidate was licensed, and
- the number and type(s) of transactions
Candidates can also present affidavits from three brokers attesting that the candidate operated as a broker and when.
For example, Dalton White was a broker in Florida for two years prior to moving to Georgia. The Florida Real Estate Commission shows no record of Dalton’s broker license. He submits sales and closing documents he has handled in the last two years. He asks three brokers he has dealt with to submit affidavits of Dalton’s participation in transactions with them.
Next, we will discuss the examination process.
This is covered under Rule 520-1-.04 (3)
If you want to get your license in Georgia, you must first pass the state exam for a real estate broker or agent. The criteria for the test and minimum score are published prior to the time the test is administered.
Active Military and Reservists Point Preference
Candidates who are eligible active duty military and reserve personnel receive a 5-point credit. For the community association manager or salesperson exam, points are added to the overall grade. For the broker exam, points are added to the Information Gathering section and to the Decision Making section.
For example: If you serve in the army reserve and are studying to be a broker, you effectively get 10 points added to your score, 5 points in each of Information Gathering and Decision Making sections. This can improve your chances of passing the exam.
Disabled Military and Veterans
Disable active duty military, reservists and veterans disabled in active duty receive 5 points for the community association manager or sales agent exams and five points each for Information Gathering and Decision Making sections of the broker exam.
The extra credit provided to military personnel is contingent upon honorable discharge.
For example, Caroline Martinez served in Afghanistan and was injured by an IED. She lost the use of both legs and is classified as 50 percent disabled. Caroline has applied to take the broker exam and will receive an additional five points each for Information Gathering and Decision Making sections of the broker exam on top of her total points earned.
What If You Have a License from Another State?
A candidate for licensure who has moved to Georgia from another state or someone applying for non-resident licensure can get a license without a full examination or education requirements. However, the candidate needs to provide an original certification issued less than 12 months prior to their Georgia application for a license. This holds true if the candidate:
1. has passed an exam for the same type of license they want in Georgia;
2. has completed all pre-license and continuing education requirements of the other state;
3. has a license in good standing with the other state; and,
4. has never had disciplinary action applied by the other state’s licensing body.
For example, Chad Frank has moved from Pennsylvania to Georgia. He has a broker’s license in Pennsylvania but has received disciplinary action for negligence within the past two years. In this case, Chad isn’t eligible to apply for a license in Georgia based on his PA license.
Providing Answers or Information About the Exam
Any applicant, examinee, candidate or licensee who supplies others with information about the content of a qualifying exam administered by the Commission shall be denied a license and face permitted sanctions.
In addition, approved schools, instructors and staff members cannot get information from examinees about what’s on qualifying exams from the Commission. They are prohibited from accepting any information except that which is approved by the Commission.
Violation of these rules can result in denial of an approved license, suspension or withdrawal of approved status, or sanctions on individual instructors and schools.
Written Permission to Sit for an Exam
The Commission’s written permission is needed to take a licensing test unless you are qualifying for or reinstating a license covered by the exam. Examples include someone who holds a license issued for reciprocity instead of by examination, or to those required to retake a qualifying exam as part of a disciplinary matter.
Rule 520-1-.04 (4) covers applications for licensure.
Applications for a license, renewal, change or transfer of license must be submitted on approved forms. Each form may require the email address and the name of your firm. If you need to change a trust account, email address, regular address, or your name, it can be done via letter or email.
If the application, change of information, or fee must be filed with the Commission, it can be personally delivered to the Commission’s offices, mailed via the USPS, sent via private courier or delivery, faxed, or emailed if no payment is needed.
If a licensee submits a form on an outdated version, they may be asked to fill it out again. Failure to supply all the information such as paying the proper fee, attaching required documents, and submitting illegible responses, can result in a request to re-submit the form. Failing to disclose a criminal conviction or disciplinary action may result in a falsified application.
For example, If you use an old printed version of a form, you may have to complete the form again. It’s always a good idea to print out the latest version. Otherwise, it could delay your application process.
The Commission provides reasonable accommodation to disabled candidates sitting for an exam as per the Americans With Disabilities Act. Submit the request in writing by the application deadline, indicated in Disability Accommodation Guidelines.
Whenever an applicant submits an original application on paper for approval as a school or an instructor, the Commission must keep the paperwork for15 years. Any other paper application should be kept for one year, and the Commission shall keep electronic licensing records for 15 years.
Rule 520-1-.04 (5) covers application deadlines.
Once you pass the community association manager's or salesperson's examination, you must apply for an active or inactive license within three months or pay twice the fee to apply afterward. If you don’t activate your license in 12 months from the date of your exam, you have to retake the exam. Applicants for a community association manager's license must submit proof of passing the Community Association Manager's pre-license course and an applicant for a salesperson's license must submit proof they completed the Salesperson's pre-license.
For example, Max Sorrels takes the salesperson’s exam in January and finds a broker who is willing to nurture a new agent and applies to activate his license in March. Since he has applied to activate his license within the allowed three months, he follows the application deadlines for a salesperson.
Once you pass the broker's examination, you have to submit an application within 12 months to become a broker or broker agent. After 12 months, you must retake the exam. You must show proof that you held an active license for three out of the past five years. If your prior licensure was with another state, you must present the relevant license. Brokers from other states must provide certification from the state where they served as brokers. This must be issued within 12 months of the application to be a broker in Georgia.
For example, Simone Jones passed her broker exam on April 1st but did not apply to be a broker agent until May 15th of the following year. Under the rules for application deadlines, she must retake the exam.
Rule 520-1-.04 (6) covers the name of a firm on an application.
A broker operating as a sole proprietor must use the same name on the license as a sole proprietor and on the broker's certificate of licensure.
For example, Jed Lafferty plans to open a brokerage as a sole proprietorship using his real name. His brokerage certificate will include his full name, Jediah Lafferty Jr.
Corporations
Any corporation applying for a brokers license must submit its corporate charter, registered with the Secretary of State’s Corporation Division, with the broker application. Any corporate trade name should be certified by the Clerk of the County. A name change of any kind requires a new broker’s certificate to be issued.
Partnerships
Any partnership that applies for a broker license must submit a copy of its partnership agreement and its Certificate of Trade Name, filed with the Clerk of the County. The trade name is shown on the broker's certificate for the partnership.
For example, Ana Brown and Lottie Tanner, long-time business associates, decide to form a partnership for their real estate brokerage. Their Partnership is certified as ABLT Realty, and this is the entity name that must appear on the brokerage license.
Limited Liability Companies
Any limited liability company, or LLC, must include its certificate of authority issued by the Secretary of State's office. If the LLC wants to use a trade name, it must submit a copy of the trade name, certified by the clerk of the county. If the LLC wants to use a trade name on the certificate of authority to conduct business in Georgia, it should provide a certified copy of its trade name or the revised certificate of authority. The new name is shown on the brokerage license.
Franchisee
A franchisee applying for a brokerage must include the franchise name in a way that distinguishes it from other franchisees registered with the Commission. To do so, both the franchise name and the firm's name from the partnership agreement, corporate charter, or certificate of authority.
Rule 520-1-.04 (7) covers criminal history reports.
Within 60 days of application for licensure, a candidate or applicant must pay for and provide the following:
- A certified criminal history report from the Georgia Crime Information Center. It should show whether the applicant has a criminal history. Or;
- Candidates from other jurisdictions must provide the equivalent information from their state, province or territory.
If the criminal history report shows that the candidate has a record in another jurisdiction, or the applicant can’t obtain a report, the applicant must provide fees, fingerprints and authorization for the Commission to get a report from the FBI’s Federal Crime Information Center.
For example, Darryl Jones moved from Louisiana, where he was a broker, to Georgia, where he is applying for a broker license. Darryl tried several times to obtain a criminal history report from the appropriate authorities. Since he couldn’t get the required information, Darryl will need to provide fingerprints, fees and authorization for the Commission to obtain the FBI report.
Rule 520-1-.04 (8) addresses applicants with convictions.
Whenever a candidate for licensure or an applicant reveals that such candidate or applicant for licensure has a criminal conviction, they must provide the accusation, citation, information or indictment leading to the conviction, as well as a certified copy of the sentence.
Rule 520-1-.04 (9) addresses applicants with disciplinary actions.
If you’ve been subject to disciplinary actions, it has to be reported to the Georgia Real Estate Commission. Provide the allegations and the final order of the licensing agency.
For example, Geraldine Lee has a nursing license and faced disciplinary actions for negligence early in her career. She must report this incident to the Commission before she completes her application to become a real estate agent.
Rule 520-1-.04 (10) addresses incomplete applications.
The Commission, at its discretion, can determine that an application is incomplete unless the fees and experience are deemed insufficient. The Commission might decide not to process the application until the requirements are met.
Rule 520-1-.04 (11) covers preliminary decisions for convictions or disciplinary actions.
The Georgia Annotated Section 43-40-15 gives the Commission the right to deny a license to an applicant with prior criminal convictions or disciplinary actions from any licensing body. Because the process to obtain a license involves a commitment of time and money, the Commission permits applicants to request a preliminary decision before they undertake the education and examination. Preliminary decisions aren’t binding. However, the Commission may determine that a favorable preliminary decision is its final decision.
Required Information
If you seek a preliminary decision, you have to submit a certified copy of the indictment and conviction or the disciplinary action assigned by another licensing authority. Provide additional information pertinent to your individual circumstances.
For example, Geraldine Lee wants to become a real estate agent in Georgia but faces a minor infraction that led to disciplinary action when she was a nurse. She decides to request a preliminary decision prior to taking the required educational courses. Geraldine has to provide a copy of the disciplinary action imposed by the nursing licensing board as well as a copy of the complaint made against her.
Adverse Preliminary Decisions
An adverse preliminary decision doesn’t prevent you from becoming an applicant by completing the education, experience, and exam requirements. If the Commission denies your application based on a conviction or disciplinary action, you have the right to a hearing for a final determination.
Rule 520-1-.04 (12) addresses requests for a hearing after the Commission denies an application.
According to the Georgia Code, Sections 43-40-8 and 43-40-9, as well as the Commission’s Rules and Regulations, applicants can request a hearing if their application is denied due to conviction or prior disciplinary action. After receiving notification that their application is denied, the applicant has 60 days to make a written request to the Real Estate Commission for a formal hearing.
If an applicant doesn’t make a written request within 60 days, they can’t request a hearing without retaking the education requirements and exam for licensure.
Rule 520-1-.04 (13) covers military spouses and transitioning service member applications.
As of July 1, 2017, transitioning service members and military spouses might qualify for expedited processing if they have paid the fees and meet the application requirements for the license they wish to obtain.