2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 40 - Real Estate Brokers and Salespersons
§ 43-40-8. Qualifications of Licensees; Course of Study for Licensed Salespersons; Lapse; Reinstatement; Renewal; Continuing Education; Standards for Courses

1. In order to qualify to become an applicant for a community association manager's license, an individual shall:
   1. Have attained the age of 18 years;
   2. Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
   3. Be a high school graduate or the holder of a certificate of equivalency;

      (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

   4. Furnish evidence of completion of at least 25 instructional hours in a community association manager's course of study approved by the commission; and
   5. Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements of paragraph (4) of this subsection.

      Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

2. In order to qualify to become an applicant for a salesperson's license, an individual shall:
   1. Have attained the age of 18 years;
   2. Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
   3. Be a high school graduate or the holder of a certificate of equivalency;

      (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

   4. Furnish evidence of completion of at least 75 instructional hours in a salesperson's course of study approved by the commission; and
   5. Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection.

      Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

3. In order to qualify to become an applicant for a broker or associate broker's license, an individual shall:
   1. Have attained the age of 21 years;
   2. Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;
   3. Be a high school graduate or the holder of a certificate of equivalency;

      (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions;

   4. Have maintained a salesperson's license in active status for at least three of the five years immediately preceding the filing of an application to become a broker or have maintained a broker's license in active status for at least five years to become a broker;
   5. Furnish evidence of completion of 60 instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant shall furnish evidence of completion of an additional 75 instructional hours in courses or a course of study approved by the commission; and
   6. Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after maintaining a license in active status for at least three of the five years immediately preceding such examination.

      Failure to meet any of these requirements shall be grounds for denial of license without a hearing.

4. Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 instructional hours approved by the commission. As a condition of satisfactory completion of this course, the licensee shall stand and pass an examination that the commission approves and that covers the subject matter contained in the course. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily an approved 25 instructional hour course may reinstate the license in the following manner:
   1. Any salesperson who has enrolled in any approved 25 instructional hour course within one year of the issuance of an original license, has paid all required fees for the course, and has not completed all in-class sessions, required exercises, or examinations for any reason may reinstate the license by completing the course within six months of the lapsing of the license; or
   2. Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection shall complete 25 instructional hours in a course of study approved by the commission and pay such penalty fees as the commission may require through its rules and regulations before making application to reinstate such license.
5. Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license shall furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education shall total at least six instructional hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses shall be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. Individuals serving on active duty in the armed forces of the United States or in the General Assembly may choose not to meet the continuing education requirements of this subsection while on active duty or during their terms of office. Members of the armed forces or the General Assembly who choose to exercise this temporary exemption option and whose term of active duty or of office exceeds two years shall be required to complete the 25 instructional hour course referenced in subsection (d) of this Code section within six months of the conclusion of their active duty or term of office.
6. Instructors in all of the approved courses shall be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
7. Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of subsections (d) and (e) of this Code section or any other provisions of this chapter.
8. The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business. The commission may prepare and distribute to the public educational material deemed of assistance to consumers engaging in business in real estate transactions with persons licensed under this chapter.
9. The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school shall comply with Code Sections 43-40-15 through 43-40-31. Each approved school shall designate an individual approved by the commission to act as its director and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and rules and regulations promulgated under this chapter. An approved school shall authorize its director to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction.

(Ga. L. 1925, p. 325, § 6; Code 1933, § 84-1409; Ga. L. 1949, p. 943, § 3; Ga. L. 1950, p. 278, § 2; Ga. L. 1965, p. 629, § 5; Ga. L. 1968, p. 277, § 2; Code 1933, § 84-1411, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1974, p. 375, § 1; Ga. L. 1979, p. 1203, § 2; Ga. L. 1981, p. 1311, § 4; Ga. L. 1982, p. 1001, §§ 3, 10; Ga. L. 1984, p. 844, §§ 1, 2; Ga. L. 1985, p. 360, § 3; Ga. L. 1986, p. 364, §§ 1, 2; Ga. L. 1987, p. 252, § 1; Ga. L. 1990, p. 650, § 2; Ga. L. 1991, p. 642, § 1; Ga. L. 1996, p. 6, § 43; Ga. L. 1996, p. 194, § 4; Ga. L. 1997, p. 410, § 1; Ga. L. 2006, p. 792, §§ 5, 6/SB 547; Ga. L. 2007, p. 483, § 5/SB 114; Ga. L. 2008, p. 324, § 43/SB 455; Ga. L. 2012, p. 1099, § 8/SB 365; Ga. L. 2021, p. 674, § 1/HB 480.)

The 2021 amendment, effective May 10, 2021, in paragraph (c)(4), inserted "salesperson's" near the beginning and added "or have maintained a broker's license in active status for at least five years to become a broker" at the end.

- Exemption of real estate brokers or salesmen from registration requirements for dealers in securities, § 10-5-30.

- Pursuant to Code Section 28-9-5, in 2008, "43-40-31" was substituted for "43-40-32" in the second sentence of subsection (i).

- For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).

JUDICIAL DECISIONS

Realtor license requirements constitutional.

- Plaintiff, a non-resident realtor, failed to show how Georgia broker licensing requirement constituted an unreasonable or illegal burden on interstate commerce. Krizan v. Newman & Co., 246 Ga. 214, 271 S.E.2d 135 (1980).

- Rule-making power of the Real Estate Commission is to pass rules and regulations relating to administration of (but not inconsistent with) its approval of courses of study of real estate. Georgia Real Estate Comm'n v. Accelerated Courses in Real Estate, Inc., 234 Ga. 30, 214 S.E.2d 495 (1975).

- Real Estate Commission has authority to levy approval of 24-hour course which consists of three days of instruction of eight hours each, although commission rules allow only for three hours or less per day classroom study. Georgia Real Estate Comm'n v. Accelerated Courses in Real Estate, Inc., 234 Ga. 30, 214 S.E.2d 495 (1975).

Cited in Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Three years as salesperson is prerequisite to taking broker's license test.

- An individual may not take a broker's licensing examination unless the individual has first served actively for a minimum of three years as a licensed salesperson. 1977 Op. Att'y Gen. No. 77-4.

- Individual who has held a real estate salesperson's license for three years and had three years' real estate business experience should be allowed to take a broker's examination even though the three years' experience did not immediately precede the date the application was filed for a broker's examination. 1972 Op. Att'y Gen. No. 72-22.

RESEARCH REFERENCES

ALR.

- Licensed real estate broker's right to compensation as affected by lack of license on the part of partners, coadventurers, employees, or other associates, 8 A.L.R.3d 523.

Right of attorney, as such, to act or become licensed to act as real-estate broker, 23 A.L.R.4th 230.