Ch.1 unit 2 (laws)
Is a license lapses how long does the licensee have to reinstate the license
2 years
Licensees must complete an additional what
27 hours of continuing education during this renewal period.
For a licensee who wishes goes on inactive status they must make the request to the commission within what time frame?
30 days of ceasing work.
The license period in Georgia is how long
4 years
the post-license educational requirement will count for what
9 hours of continuing education for first renewal.
In order to be issued a business license, there must be one person in the company who actually holds a what
Georgia broker's license and who is designated as the company's qualifying broker
If the Commission determines that another state does not offer nonresident licensure to who
Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by Georgia law, then the Commission will require that licensees of that state who apply for nonresident licensure meet education, experience, and examination requirements.
The effective date of the active licensee Continuing Education Requirement is what
July 1, 2015
The effective date of the active licensee Continuing Education Requirement of license law is
July 1, 2016
the post-license educational requirement coursework and submission of related evidence must be made to the Georgia Real Estate Commission within what time frame
ONE YEAR of licensure.
It is against the law to practice what without a license
Real estate
If the outcome for the applicant with a prior conviction or sanction with the commission is not favorable, the individual can do what?
Still move forward with plans to become an applicant and then request a hearing if the Commission later chooses to deny the license.
A background check is conducted by who
The Commission when you make license application.
While the Commission does not have the authority to impose a jail sentence who does?
The courts
Practicing without a license is considered what
a misdemeanor
The License law exemption applies if the broker has what
a written management agreement that the broker procured from and negotiated with the owner.
When an applicant wants to use his or her experience in another licensing jurisdiction to satisfy the experience requirement for a broker's or associate broker's license, that jurisdiction must be what
able to certify the licensee's three years of experience.
Continuing education courses will be provided by what
all educational or duly authorized instructional organizations teaching real estate licensing courses.
A person who brokers the sale of a business must hold what?
an appropriate real estate license if the sale of the business involves the transfer of any interest in real property.
It is possible for a applicant with a prior conviction or sanction to receive what
an early review of this record by the Commission, before he or she takes the required education or sits for the exam.
If a applicant applying for a license doesn't have an employing broker, the applicant may apply for what?
an inactive license.
Inactive status is valid for how long
an indefinite amount of time.
any salesperson who fails to reinstate a lapsed license as noted in the chapter must qualify as what?
an original applicant by passing a new examination AND completing 25 in-class hours of instruction approved by the Commission before making application to reinstate the license.
If the applicant applying for a brokers license was a broker in another state, he or she must present what
an original certification of the firm in which the applicant served. That certification must have been issued within the 12 months preceding the application.
The licensing regulations required by Georgia real estate license laws do not apply to whom?
any individual employed by a broker to assist in property management services on residential property.
the "innkeeper's exemption," states what
any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the required conditions is exempt from license law.
a inactive license can be reactivated by doing what
applying to the Commission
Any licensee who renews an active license on or after July 1, 2016 must have completed what
at least three (3) hours of continuing education on the topic of license law in order to renew.
The imposed jail sentence for practicing without a license is what
can be for a period of one year or less.
If an applicant who has taken the exam supplies or attempts to supply any information to anyone regarding the content of the exam, the Commission can do what
choose to deny the license or impose sanctions.
a licensee whose license is on inactive status is not covered under these license law exemptions and cannot
claim to have operated under one of these exemptions.
Unless any other provisions of the law state differently, ALL applications must be?
confidential. This includes supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the Commission.
When a license is on inactive status, the individual may not do what
continue any brokerage duties except for his or her own personal transactions.
If a school or instructor violates the set provisions, the Commission may choose to Do what
deny or withdraw approval or impose sanctions.
Upon completion of the post-license study, the salesperson must submit what
evidence that he has completed the coursework successfully.
If the receiver of the revocation requests a hearing, the Commission must then do what
file a notice of hearing and provide a hearing for such licensee.
An individual who wishes to become a real estate licensee must do what
file an application for a license with the Commission.
It is not necessary for a licensee to pass an examination of the coursework in order to do what
fulfill this requirement.
The nonresident applicant must also agree that in the event of any investigations brought by the Commission, the applicant will do what
fully cooperate with the Commission.
If the broker applicant is licensed as a community association manager and not a salesperson, he or she must do what
furnish evidence of having completed an additional 75 instructional hours in courses of study approved by the commission.
Once the continuing education is completed, the licensee is required to do what
furnish evidence of this to the Commission. All courses must be approved by the Commission.
In order to renew an active license, a licensee shall do what
furnish to the Commission evidence of satisfactorily completing thirty-six (36) instructional hours of continuing education courses during the renewal period.
According to Georgia Code Section 43-40-15, a license be granted to only those individuals who possess what?
good reputations for honesty, trustworthiness, integrity, and competence to transact real estate business in a way that safeguards the public interest.
the nonresident applicant must designate the Commissioner as what
his agent to receive any legal or judicial notices that are filed.
In the event that a salesperson does NOT complete the post-license course in a satisfactory and timely manner what will happen
his or her license will LAPSE
If a licensee doesn't submit a renewal application with the required fee in a timely manner, or fails to satisfactorily complete any of the education requirements what will happen to the licensee
his or her license will lapse and the party shall be prohibited from engaging in real estate brokerage activities until such time as the license is reinstated.
Georgia license law 43-40-9 sets the conditions under which residents of other states may do what
hold Georgia licenses.
If a licensee is convicted of any offense named in the license laws, the licensee must do what
immediately notify the Commission of that conviction.
Licensees who move to another state may elect to place their licenses on what
inactive status to avoid license termination rather than apply for a nonresident license.
Whenever any occupational licensing body of Georgia, any other state, or any foreign country has sanctioned the license of an applicant OR the applicant has allowed his or her license to lapse or has surrendered a license after the licensing body has done what
initiated an investigation or a disciplinary process, then this sanction, lapsing or surrender in itself may be a sufficient ground for refusal of a license.
If the Commission discovers that a person is practicing without a license, they have the authority to do what
issue a cease and desist order. In addition, the Commission can impose a fine of up to $1,000 per day for this violation.
Any person who has exhausted all administrative remedies available within this chapter and who is still not satisfied with the final decision in a contested case is entitled to what
judicial review. However, the initial judicial review of a final decision of the Commission is ONLY available in the superior court of the county of domicile of the Commission.
After the original license is issued, it is valid for four years, expiring on the what
last day of the applicant's birth month.
A licensee shall satisfactorily complete at least three (3) hours of continuing education on the topic of what
license law during each renewal period.
Every active Georgia associate broker, salesperson and community association manager must be what
licensed under an active Georgia broker.
If an applicant or licensee has made a false statement of material fact on his or her application, OR if he or she has submitted (or been a party to submitting or preparing for submission) any falsified application to the Commission, such actions do what
may be sufficient grounds for refusing, suspending, or revoking the license.
Any nonresident holding a license on July 1, 1991 is not required to do what
meet the requirements for licensing as a nonresident in order to continue to hold a license unless that nonresident allows the license to lapse or applies for a different type of license.
If the outcome for the applicant with a prior conviction or sanction with the commission is favorable, the individual can do what?
move forward with the education and exam requirements.
reciprocity might be necessary, if those states' laws require that Georgia licensees have what
nonresident licensure opportunities comparable to those given to nonresidents in Georgia.
A licensee cannot be licensed under more than what
one Georgia broker during the same time period.
Any licensee whose license has lapsed a period of time longer than FIVE years due to a failure to pay required fees and who desires to re-qualify for a license must do so as a what
original applicant.
If a license has been lapsed MORE THAN TWO YEARS, but LESS THAN FIVE YEARS the individual may reinstate it by doing what
paying the fees AND taking the Salespersons Prelicense Course.
The Commission has the authority to approve an examination prepared by and administered by the school offering the course OR the commission may do what
prepare and administer an examination itself.
When applying for a brokers license if the three years of experience that is required for the applicant is from another state, the applicant must do what
present an original certification of licensure from that licensing jurisdiction.
Under the Georgia Real Estate Commission Rule 43-40-16, if the Commission refuses to issue a license to an applicant, the Commission must do what
provide an opportunity for a hearing for this applicant. Unless otherwise stipulated by the Commission, these hearings will be held in the county of the domicile of the Commission.
the Commission considers some information to be what
public record.
If an applicant for a community association manager's or a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud or other like offenses OR has been convicted of a felony or a crime involving moral turpitude in a court of competent jurisdiction in Georgia, any other state, district, or US territory, or a foreign country, the conviction in itself may be a sufficient ground for what
refusal of a license.
As provided in Georgia law, the grounds for suspension or revocation of a license are also the grounds for what
refusal to grant a license.
If the Commission revokes or suspends the license of a community association manager, a salesperson, an associate broker or a broker, then any school or instructor approval the licensee holds will ALSO be what?
revoked or suspended.
the aforementioned conduct regarding the denial of a real estate license may also be the grounds for what
sanctions under this chapter, IF the conduct is that of a licensee, rather than an applicant for licensure.
Once a salesperson has been issued his original license, he must do what
satisfactorily complete a 25-hour course of study. This is the post-license educational requirement and is mandatory in Georgia.
The Commission will grant the license only after receiving what
satisfactory proof of such of the licensee's qualifications.
The Commission has the authority to enter into written agreements with who
similar licensing authorities of other states. This is known as reciprocity.
If an applicant or licensee has been found guilty of a violation of either the Federal or Georgia State Fair Housing law AND any appeal of the conviction has been concluded, the conviction itself may be what?
sufficient grounds for refusing the license or imposing any sanction permitted by this chapter.
Once a license lapses what must the licensee do
surrender the wall certificate of licensure and pocket card to the Commission immediately.
In order to be considered to have satisfactorily completed the post-license educational requirement course, the licensee must do what
take and pass an examination covering the subject matter contained in the post-license course.
An inactive licensee must still do what
take the 25-hour post-license course for new licensees AND pay the same renewal fees as active licensees.
Inactive status is offered for those licensees who wish to do what
temporarily discontinue active involvement in real estate.
An order of revocation is final after?
ten days it is issued unless the licensee named in the order requests a hearing before the Commission.
A person licensed as an associate broker and affiliated with a licensed firm may serve as the broker or qualifying broker for one or more other licensed firms, provided what
that he or she has notified the employing broker, in writing, of his or her intended services as a broker or qualifying broker with another firm.
If a nonresident licensee who is affiliated with a broker's office violates Georgia license law, rules, or regulations who is considered responsible
the Georgia broker
In order for an unlicensed nonresident of Georgia to be granted a license in Georgia, the applicant must meet what
the age, education, and examination requirements for original license applicants, as discussed in this chapter.
An license application must include the signature of what
the applicant's employing broker
A person licensed by the Commission as a broker or qualifying broker for a licensed firm may serve as what
the broker or qualifying broker with one or more other licensed firms.
salespeople and associate brokers are allowed to incorporate themselves into a company with a business license provided what
the company license is still assigned to the licensed broker under whom they practice real estate.
The licensee renews the license every 4 years on what day
the last day of the applicant's birth month by showing proof of completion of all continuing education requirements and paying the renewal fee.
The Georgia Real Estate Commission lays out the requirements for what
the salesperson and community association manager license applications.
salesperson licensees in Georgia are permitted to participate in the company's ownership IF what
there is at least ONE broker.
Any licensee who renews an active license on or after July 1, 2015 must have completed what
thirty-six (36) hours of continuing education courses to renew.
The innkeepers exemption applies to whom?
those who make accommodations to others on a daily/weekly basis, in operation of a hotel, motel or vacation rental
the Commission may consider other credible evidence, If the jurisdiction cannot certify the three years because records are not available, such as
transactions records or affidavits from former brokers for whom the applicant worked showing dates of affiliation and describing types of transactions in which the applicant participated.
the company's qualifying broker must have signatory power over the company's what In order to be issued a business license
trust accounts and be able both to bind the company to any agreement and settle any contested claim regarding the company before the Real Estate Commission.
while certain people are exempt from the license law, even when performing real estate-related tasks that would normally be performed by a licensed salesperson or broker, the exemptions only apply to whom?
unlicensed persons.
The licensee who has an inactive license wishing to reactivate their license must be what?
up-to-date on his continuing education requirements of nine hours per year, if his license has been on inactive status for two years or more.
If a licensee voluntarily surrenders his or her license or lets the license lapse after the Commission has filed a notice of hearing alleging a violation but before the Commission enters a final order in the matter, then what?
when that licensee submits a new application, the matters asserted in the notice of the hearing are considered "admitted" and the Commission can use them as grounds to refuse a new license to the licensee.
The Commission may initiate an investigation at any time to determine what
whether a licensee has violated any provision of this chapter or its rules and regulations.
Applicants from certain states might have to take the state-specific portion of the real estate examination, depending on what
whether or not state reciprocity has been approved.
If the surrender or lapsing of a license takes place before the Commission files the notice of hearing but after the Commission initiates an investigation, then it is what
within the authority of the Commission to issue an order revoking that licensee's license.
The licensee's license will automatically be revoked 60 days after the conviction that's named in the license law unless the licensee makes a what
written request to the Commission for a hearing during that 60-day period. Once the hearing is over, the Commission may decide whether or not to impose any sanction upon that licensee.