Chapter 1 Unit 2

Property Management Exemption

" The licensing regulations required by Georgia real estate license laws do not apply to any individual employed by a broker to assist in property management services on residential property." • this applies if the broker has a written management agreement with the broker procured from and negotiated with the owner. • must be explicitly authorized by the broker in a written agreement between the broker and the employee AND must perform at least one of the following: • delivering a lease application or a lease • receiving a lease application, lease, security deposit, rental payment, or any related payment (for delivery to and made payable to the broker or the owner) • showing a rental unit to any person, or executing leases, provided that the employees under the direct instructions of the broker. • providing information authorized by the broker about a rental unit, at least application, or a lease • providing information to a tenant about the status of such tenants security deposit or rental payments, or to an owner about the owners financial accounts and payments from the owners tenants. • performing any ministerial acts that are explicitly authorized by the broker and a written agreement between the broker and the employee.

Business Brokerage

1. A person who brokers a sale of a business must have a real estate license if the sale involves the transfer of any interest in real property. 2. A business broker/ and associates who don't hold licenses issued by the commission may not negotiate or attempt to negotiate or assist in persuading prospects for the sale of a business where: • The sale involves the transfer of any interest in real property. • The payment of all or part of a commission,fee to the business broker, or any associates in the sale of the business; is contingent upon (aka dependent on) the transfer of an interest in real estate.

The importance of a good reputation

According 43-40-15, a license will be granted to only those who possess is good reputation for honesty, trustworthiness, integrity, & competence to transact real estate business in a way that safeguards the public interest. commission will grant license ONLY after receiving satisfactory proof of the licensees qualifications. Commission may deny a license to any corp, LLC or partnership, if a stockholder, member or partner who owns more than a 20% interest in the firm: • doesn't have a good reputation for honesty, trustworthiness & integrity. • has been convicted of any of the crimes described on upcoming screens • has been sanctioned by any legally-constituted regulatory agency by violating a law regulating the sale of real estate.

Exemptions

According to Georgia law on individual is not required to have a real estate license if they are any of the following: • Owner of real estate, the spouse of an owner, a general partner of a limited partnership, a land owner, or a prospective purchaser or their regular employees or spouses • attorney in fact • attorney at law • Receiver, trustee in bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will or a trust instrument • officer or employee of a government agency • any person employed full-time by a public or private utility.

Application Confidentiality

All applications must be confidential. This includes information from applicants & licensees filed w/ commission. The commission consider some information to be public record. This information is to be made reasonably available for inspection by the general public: • The licensees name, license number and status, business name, business address, business telephone number, type of license held, and term of license • The fact that a licensee has or has not received a disciplinary sanction • any other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule

Licenses for past offenders ?

An applicant who wishes to be licensed as an associate broker or a broker AND who has been convicted of any offense set forth here may be licensed by the commission as an associate broker or broker, if all are true: • it has been a minimum of 10 years since the conviction, sentence or release from any incarceration, whichever is latest. • there's no criminal charges pending against the applicant. • The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, & competence to transact real estate business in a way that safeguards the public.

Application for licenses

An individual who wishes to become a real estate licensee must file an application for a license with the commission. All original as well as subsequent applications filed with the commission must contain all of the following information: • name and address of the applicant or the name under which they intends to conduct business. If the applicant is a partnership or LLC, the name and residence address of each member and the name under which the partnership or LLC business will be conducted must be included if the applicant is a corp, the name and address of each of his principal officers must be included. • The place or places, including the city and state addresses, where the business is to be conducted

Active Licensee

Every active Georgia associate broker, sales person and community association manager must be licensed under an active GA broker. A licensee cannot be licensed under more than one Georgia broker during the same time. An active Georgia licensee may affiliate with a broker in another state if: • The other states laws allow affiliation in both states • The licensee has the written permission of their GA broker clearly stating the activities the licensee may perform for each broker and stating that the licensee may not sell GA real estate except on behalf of the Georgia broker.

Financial matters and hearings

Financial matters and the real estate license: In some cases, financial matters (not related to the business of real estate) are considered sufficient grounds for the refusal of or suspension of a license. • if an applicant or licensee has been found to be out of compliance with an order for child support, this can be considered as a grounds for refusal of a license or suspension. In such actions, the hearing & appeal procedures provided for under the law are the only procedures required. • when an applicant or licensee is found to be a borrower in default who is not in satisfactory repayment status, this is considered sufficient grounds for refusal or suspension of license. In this case the hearing & appeal procedures are the only procedures required. • when commission has previously sanctioned any applicant for a license, that sanction in itself may be a sufficient ground for refusing a license. Hearings: • under the commission rule 43-40-16, if the commission refuses to issue a license to an applicant, the commission must provide an opportunity for hearing for this applicant. Unless otherwise stipulated by the commission, these hearings will be held in the county of the domicile(residence) of the commission. 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 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.

More innkeepers exemptions

Here are some additional exemptions from the requirements of the Georgia real estate license law: • any person who is a member of a community association and who provides community association management services only to one community association of which such person is a member • person who performs only physical maintenance • A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting

Responsibility of brokers for out-of-state licensees

If a nonresident licensee who is affiliated with a brokers office violates Georgia license law, rules, or regulations, the Georgia broker is responsible. There's a chance the brokers liability might be eliminated, if the broker can prove all of the following: 1. The brokerage firm had a training program 2. The brokerage firm followed proper procedures in its supervision of non-resident licensees & other affiliates. 3. The Georgia broker himself did not participate in any way in the violation.

More violations

If 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 sufficient grounds for refusing a license or imposing any sanction permitted by this chapter. If an applicant or licensee has made a false statement of material facts on their application, or they have submitted (or been a party to submitting or Preparing for submission) any falsify application to the commission, such action may be sufficient grounds for refusing, suspending, or revoking the license. The grounds for suspension or revocation of a license are also grounds for refusal to grant a license. The denial of a real estate license may also be the grounds for sanctions under this chapter, if the conduct is that of a licensee, rather than an applicant for licensure

Resident to nonresident

Licensees who move to another state may qualify for a nonresident license if: • make application to change their status from residence to non-resident. • sign a consent to jurisdiction form. •Sign an agreement to cooperate any investigation initiated by the commission Licensees who move to another state can place their licenses on inactive status to avoid License termination instead of having to apply for a nonresident license. Such licensees cannot conduct any real estate business in GA and today have done either: • move back to GA and reactivated license • qualified for a nonresident license

Business licenses

May be Issued to the following entities in Georgia: • sole proprietorships • partnerships • corporations • Limited liability companies Must be one person who actually holds a Georgia brokers license & Who is designated as the companies qualifying broker. Must have signatory power over the company trust funds and be able to bind a company to an agreement and settle any contested claim regarding a company for the real estate commission. note that sales person licensees in GA are permitted to participate in the companies ownership if there is at least one broker. In addition, sales people and associate brokers are allowed to incorporate themselves, provided that the company license is still assigned to the licensed broker under whom they practice real estate.

Previous sanctions, lapse, surrender of license, or convictions

Previous sanctions, lapse, or surrender of license: • when license of an applicant is sanctioned or the applicant has allowed their license to lapse or has surrendered a license after the licensing body has initiated an investigation or disciplinary process, that may be sufficient grounds to refuse a license. • if license of a broker or associate broker applicant has been revoked, or if the applicant has allowed license to lapse or surrendered a license after the licensing body has initiated an investigation/disciplinary process, the commission may issue an associate brokers or a brokers license only if: 1. A minimal of 10 years has passed since the date that the applicant license was revoked/surrendered. 2. No criminal charges are pending against the applicant at the time of application. 3. The applicant presents satisfactory proof that they now have a good reputation for honesty, trustworthiness, integrity & competence to transact real estate business in a way that safeguards the public interest. Convictions: The licensee must immediately notify the commissioner of that conviction they committed. The licensees license will automatically be revoked 60 days after conviction and less the licensee makes a written request to the commission for hearing during that 60 day period. Once hearing is over the commission decides whether or not to impose any sanction upon the licensee. If the commission revoked or suspended license of a community association manager, a sales person, an associate broker, or a broker, then any school or instructor approval the licensee holds will also be revoked or suspended. If a licensee surrenders a real estate license as noted above, then any school or instructor approval that licensee holds will also be subject to revocation or suspension

Supervision procedures

Procedures that all GA brokers must adhere in their supervision of affiliates: 1. Review all advertisements 2. Review all offers within 30 days of them being written. 3. Ensure that all affiliates licenses remain active. 4. Ensure that a person with management authority is always available to help affiliates and the Public, should the need arise. 5. Ensure that all trust fund payments are made according to the regulations. 6. Keep affiliates updated to law changes on a regular basis. 7. Review all trust account records and journals. 8. Provide safekeeping for all necessary records. 9. Ensure that each affiliate has a written & signed employment agreement. 10. Ensure that there is a written policies and procedures manual for all affiliates.

Applying for the Broker license

Requirements for a broker license applicant are: • The applicant must apply for the broker license within 1 year of the exam. • if the broker applicant does not apply for the license within that timeframe, they must retake the exam. • The applicant must show proof that they have been licensed for at least 3 years. If that 3 years of experience was in another state, the applicant must present an original certificate of licensure from that licensing jurisdiction. If the applicant was a broker in another state, they must present an original certification of the firm in which the applicant served. That certification must have been issued within the 12 months preceding the application.

Applying for the License

Requirements for the sales person and community association lease applications: • Must apply for the license within 3 months of the date of the exam and pay a fee. If the applicant applies after 3 months of the exam date but before 12 months, he or she must pay double the fee. • if the applicant does not apply for the license within 12 months of taking the exam, they must retake the exam. • in addition to passing the exam, the applicant must show proof that they have successfully completed the appropriate pre-license course.(or its approved equivalent) An application must include the signature of the application employing broker. If there isn't an employing broker, the applicant may apply for an inactive license.

Community Association Manager Applications

Rule 43-40-8 States in order to qualify for community association managers license, an applicant must meet these conditions: • 18 years of age or older • A resident of the state of Georgia (not necessary if the person has fully complied w/ the provisions of code 43-40-9, regarding out-of-state licensees) • A high school graduate or the holder of a certificate of equivalency • furnish evidence of completion of at least 25 instructional hours in a community association managers course of study approved by the commission. • take and pass with a score of 75% or higher a real estate examination administered by or approved by the commission, which covers topics important to community association managers and to those brokers who provide community association management services

Nonresident Brokers

Rules for non-resident sales person who wish to work in Georgia DO NOT apply for nonresident brokers Rules for non residents brokers state that in order to work in real estate transactions and earn a fee for activities in Georgia, the non-resident broker must do 1/3: • The nonresident broker must have a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia. • A non-resident licensee can do business if the nonresident broker enters into a written agreement with a Georgia broker. • must be a separate agreement for each transaction stating the procedures to be followed. • in this agreement the Georgia broker is responsible for all real estate brokers acts performed by the out-of-state broker. They must also determine that the out-of-state broker has a maintains an active license in their state of residence. • in the subsection of the law a "licensed broker of another state" refers to not only the licensed broker, but also the broker or salesperson's licensed under such broker.

Innkeeper's Exemption

States there 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 following conditions is exempt from license law. Ex. Hotel, motel or vacation rental. Following conditions must be met: • The property manager must have a written agreement with the owner, which states all terms and conditions for managing the property, reporting income and expenses, and remitting income to the owner. • this agreement must specify that the property manager cannot rent or lease the property and that the guest or occupant is not a tenant. • zoning laws do not prohibit short term occupancy uses of the property. • The persons occupancy is for less than 90 days.

Violations?

The commission may initiate an investigation at any time to determine whether a licensee has violated any provision of this chapter or its rules and regulations. If a licensee voluntarily surrendered their license or let 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 when the licensee submits a new application, that matters asserted in the notice of the hearing are considered "admit it" & the commission can use them as grounds to refuse a new license. If this surrender or lapsing takes place before the commission files the notice of hearing but after the commission initiates an investigation, then it is within the authority of the commission to issue an order revoking that licensees license. An order a revocation is final 10 days after it is issued, unless the licensee named in the order requests a hearing before the commission. If you request a hearing, the commission must file a notice of hearing & provide a hearing to the licensee.

More about the innkeepers exemption

The following conditions must also be met in order for a person to qualify for the innkeepers exemption: • The deposit given must not exceed the cost of the rental required for the minimum rental period. • The guest or occupant must pay any required state or local sales taxes or excise taxes on rooms, lodging, and accommodations; while the property manager pays any required state or local business licenses or permits. • The property manager can specify which rooms or units that the guest or occupant will occupy. • no extra charge is made for basic utilities. • notice is not required for a guest or occupant to terminate occupancy of the room or unit, except under certain conditions. • The room or unit is not the permanent residence of the gas or occupant.

More Exemptions

The following persons are also exempt from the requirements of license line Georgia: • A manager a residential properties if the contract has been approved by a federal agency • full-time employees of a property owner • any person employed on a full-time basis by community association for the purpose of providing community association management services. • any person acting as a referral agent. This person was also meet the following requirements: 1. He doesn't receive a fee for such referral from the party being referred. 2. He doesn't charge an advance fee. 3. He doesn't act as a referral agent in more than three transactions per year.

Important terms

These words are defined as used in the Georgia code. Conviction: 1. A finding or verdict of guilty, or a plea of guilty, regardless of whether the conviction is under appeal. 2. A sentencing to first offender treatment without an adjudication of guilt in a felony charge or any crime involving more turpitude. 3. A plea of nolo contendere to a felony charge or any crime involving moral turpitude. Felony- any offense which Georgia would deem a felony, regardless of its designation in any other state. If applicant for community association managers or sales person'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 GA, any other state, district, or US territory, or foreign country, the conviction in itself may be a sufficient ground for refusal of a license. Background checks are conducted by the commission when you make license application. If not sure if you qualify for licensing, stop and contact the commission immediately.

More nonresident brokers

Two other conditions which allow for the participation of a non-resident broker are: • Georgia must have a written reciprocity agreement with the state in which the broker has their license. • when a licensed broker of another state is acting as a referral agent involving only the mere referral of one person to another, licensed broker in Georgia is permitted to divide a real estate commission with, or pay a referral fee to, the out-of-state broker. • The referring broker is NOT involved in the actual negotiations, execution of documents, collection of rent, management of property, or any other real estate brokerage activity.

Salesperson Application Qualifications

Under Georgia license law, an applicant for a sales person's license must meet the following conditions: • 18 years + • resident of GA • HS graduate or holder of certificate • 75 in class hours or 10 quarter hours or 6 semester hours • pass with a score of 75% or higher on a real estate examination

Broker's Application

Under license law an applicant who wishes to qualify for a broker or associate brokers license must meet the following conditions: • 21 years + • resident of GA • HS graduate or certificate holder • have actively served for 3 years as a licensee • 60 instructional hours • pass w/ a score of 75% or higher on real estate exam • if applicant is licensed as a community association manager and not a sales person they must complete an additional 75 instructional hours

More Exam information

Unless the commission gives written permission for another reason, a person may take the exam only under these conditions: •To qualify for or to reinstate a license • if a person holds a Georgia license by reciprocity rather than examination and is applying to another state for licensure by reciprocity where that other state requires that the applicant must have passed the Georgia exam. • when a person is required to take the exam by the order of the commission in a disciplinary action. If an applicant who is taking the exam supplies or attempts to supply any information to anyone, the commission can choose to deny the license or impose sanctions. Approved instructors, schools or their staff members are prohibited from engaging in any of the following activities: •Obtaining information from licensees concerning the content of the qualifying exams •Excepting any information about the exams, except from the commission • using any information received from the commission in non-approved courses. The commission may choose to deny or withdraw approval or impose sanctions, if a school or instruction violates rules.

Broker Experience Requirement

When applicants want to use their experience in another licensing jurisdiction to satisfy the experience requirement for a broker or associate brokers license, jurisdiction must be able to certify the licensees 3 years of experience. •If the jurisdiction cannot certify the 3 years because records are not available, the applicant must meet the following 2 conditions: 1. The applicant obtained the experience within 10 years prior to making the application in GA. 2. The applicants former jurisdiction can certify that he/she was licensed at some time during those prior 5 years. •In addition, the commission may consider other credible evidence, 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.

Applicants with convictions or sanctions

When convicted of any offense that is required to be reported to the commission, the applicant must supply commission with: • certified copy of the citation, accusation, information or indictment that led to the conviction. • A certified copy of the sentence Whenever an applicant has been the subject of a disciplinary proceeding before a licensing agency that's required to be reported to the commission, the applicant must supply commission with a certified copy of: •Any allegations that preceded the final order • The final order of the licensing agency Its possible for a person with prior conviction or sanction to receive early review of this record by the commission, before they take the required education or sits for the exam. If outcome is favorable, the individual can move forward w/ education and exam requirements. If outcome is not favorable, individual can still move forward with plans to become an applicant and then request a hearing if the commission later chooses to deny the license.

Nonresident Licensees

• 43-40-9 set the conditions under which residence of other states may hold Georgia licenses. • unlicensed non-residents of Georgia can be granted a license in Georgia but the applicant must meet the age, education, and examination requirements • A non-resident whose licensed in another state must meet these requirements established by the commission: • submission of satisfactory proof of current licensure in the applicants state of residence. • payment of any required fees • A signed statement stating that the applicant has read the Georgia real estate license laws, its rules and regulations, & has agreed to abide by the rules in all brokerage activity in Georgia. • affiliation w/ a resident or nonresident broker if the applicant is an individual community association manager, sales person, or associate broker. • any non-resident holding a license on July 1, 1991 is not required to meet the above requirements in order to continue to hold a license unless that non-resident allows the license to lapse or applies for a different type of license.

More on Application for Licenses

• Corp applying for licensure as a broker must submit a copy of its corporate charter as registered with the corp division of the secretary of states office. If Corp wants to conduct business under a trade name it must also submit a *copy of the trade name verified by the clerk of the county in which the certificate is on file* • partnership must submit copy of its partnership agreement and a copy of its new trade name. * • LLC must submit a copy of a certificate of authority to transact business in Georgia. Copy of trade name.

Lapsed Licenses

• If a salesperson does not complete the post license course in satisfactory/timely manner their license will lapse. They must surrender the wall certificate of licensure and pocket card to the commission immediately. • license can be reinstated by completing the course within six months of the lapsing of the license IF: • The licensee enrolled in the post license course within one year of the issuance of an original license. • he/she paid all required fees for the course. • any sales person who fails to reinstate a lapsed license must qualify as an original applicant by passing a new exam and completing 25 in class hours.

State of Reciprocity

• May have to take the state specific portion of the real estate exam depending on whether or not state reciprocity has been approved. • reciprocity - The commission has the authority to enter into written agreements with similar licensing authorities of other states. • this might be necessary in those states laws require the GA licensees to have non-resident licensure opportunities comparable to those given to nonresidents in GA. • if the commission decides that another state does not offer non-resident licensure to Georgia licensees with comparable requirements to those of the licensees of the state by Georgia law, then the commission will require licensees of that state who apply for nonresident license sure to meet education, experience, and examination requirements. Requirements determined by those requirements placed on Georgia licensees who seek nonresident licensure in the state in question.

More business licenses

• Partnerships, corporations, and limited liability companies must each have at least two broker licenses. • One broker license belongs to the qualifying broker. The other license varies depending on the type of business. • for a partnership, second license is for partnership. •For the corporation, second license is for the corporation.(application for a corporation license must include a copy of the corporate charter) • for the LLC, second license is for the company in the name as it is registered with the Secretary of State. • A sole proprietorship also needs two broker licenses. •One broker license is for the qualifying broker, the other one is for the sole proprietorship.

Continuing Education Requirements

• The effective date of this requirement shall be July 1, 2015. Any licensee who renews an active license owner at this date must have completed 36 hours of continuing education courses to renew. •The effective date of this requirement shall be July 1, 2016. Any licensee who renews an active license on or after this date must have completed at least 3 hours of continuing education on the topic of license law in order to renew. • once the continuing education is completed, the licensee is required to furnish evidence of this to the commission. All courses must be approved by the commission. It is not necessary for a licensee to pass an examination of the coursework in order to fulfill this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses.

License renewal

• The license period in Georgia is 4 years. • every 4 years on the last day of the applicants birth month. • showing proof of completion of all continuing education requirements and paying the renewal fee

License Exam

• all license applicants must apply to take the exam, and pay a nonrefundable fee. • A score of 75% or higher is a passing grade and is required for licensure. • honorably discharged veterans who have one or more years of service (at least 90 days were served during wartime) automatically receive a 5-point credit. • veterans discharged from the military due to injury or illness with less than 10% disability receive a 5-point credit. if the disability is 10% or more they receive a 10 point credit. • applicant who moved to Georgia from another state might be exempt from the education and exam requirements of Georgia, IF the real estate commission in the state in which he was licensed verifies that the applicant meets all criteria: 1. has fulfilled pre-license and continuing education requirements of that state. 2. Has passed a licensing exam similar in scope to the one required by Georgia. 3. Has not had any disciplinary actions imposed on him. 4. Is licensed in good standing at the time of certification.

More About Lapsed Licenses

• 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; their license will lapse and the party shall be prohibited from engaging in real estate brokerage activities until the license is reinstated. If this happens, the licensee has 2 years in which they may reinstate the license. •they may do so by: 1. Paying a reinstatement fee 2. Pay all renewal fees and other charges 3. Submitting evidence that all continuing education requirements have been met • if a license has been lapsed > 2 years, < 5 years the individual may reinstate it by paying the fees and taking the salesperson's pre-license course. • licensees whose license has lapsed a period of time > five years due to a failure to pay required fees and who desires to requalify for a license must do so as an original applicant.

More nonresident rules

• if a non-resident licensee terminates the affiliation with a broker licensed by commission, the license of non-resident will automatically be terminated unless the nonresident places the license on inactive status or affiliates w/ another broker licensed by the commission within 30 days • no license will be issued to any member, officer, independent contractor, employee or partner of a non-resident firm until that firm qualifies for a brokers license. Nonresident corporations or LLC's must obtain from the proper agency & maintain a certificate of authority to do business in GA.

Inactive Status

• inactive status is offered for those licensees who wish to temporarily discontinue active involvement in real estate. must make this request within 30 days of ceasing work. • May not continue any brokerage duties except for their own personal transactions. • an inactive licensee must take the 25 hour post license course for new licensees and pay the same renewal fees as active licensees. • inactive status is valid for an infinite amount of time. Licensee must be continuing education requirement of 9 hours per year if license has been inactive for 2 years or more.

No license required

• it is against the law to practice real estate without a license. • if commission discovers that a person is practicing without a license they have the authority to issue a cease and desist order; and/or impose a fine of up to $1000 per day for this violation • The commission does not have the authority to impose jail time but the courts do have this authority as a violation of this law is a misdemeanor; 1 year or less. • certain people are exempt from license law, the exemptions only apply to unlicensed persons. that means that a licensee that is on inactive status is not covered under the exemptions and cannot claim to have operated under one of these exemptions.

Post-License Course

• must satisfactorily complete a 25 hour course of study that is mandatory in GA. • Must submit evidence of completed coursework to the GA real estate commission within 1 year of licensure. • This course will count for 9 hours of continuing education for the first renewal. Licensees must complete an additional 27 hours of continuing education during this renewal period.

Qualifying broker & multiple licenses

• persons licensed by the commission as a broker or qualifying broker for a licensed firm may serve as the broker or qualifying broker w/ one or more other licensed firms. • person licensed as an associate broker & affiliated w/ a licensed firm may serve as the broker or qualifying broker for one or more other licensed firms, if they have notified the employing broker, IN WRITING, of their intended services as a broker or qualifying broker w/ another firm.