Compilation of Rules and Regulations of the State of Georgia
Department 520 - GEORGIA REAL ESTATE COMMISSION
Chapter 520-1 - LICENSURE AND BROKERAGE
Rule 520-1-.02 - Definitions
Universal Citation: GA Rules and Regs r 520-1-.02
Current through Rules and Regulations filed through March 20, 2024
(1) Terms Defined by 43-40-1. As used in this Chapter and Chapters 520-2 and 520-3, the terms "associate broker," "broker," "commission," "commissioner," "community association," "community association management services," "community association manager," "licensee," "person," "property management services," "purchaser," "real estate," and "salesperson" have the same definitions as provided for in O.C.G.A. Section 43-40-1.
(2) Other Terms. As used in this Chapter and Chapters 520-2 and 520-3, the term:
(a)
"Agency" means every relationship in which a real estate broker acts for or
represents another by the latter's express authority in a real property
transaction;
(b) "Applicant" means
any person who has completed all of the requirements for a license or an
approval as set forth in O.C.G.A. Chapter 43-40 and in any Chapter of the
Commission's Rules and Regulations and who has submitted a complete application
on the proper form accompanied by the correct fee;
(c) "Bank" means any financial institution
regulated by a member of the federal financial institutions examination counsel
and authorized to provide federally insured checking accounts;
(d) "Brokerage engagement" means a written
contract wherein the seller, buyer, landlord, or tenant becomes the client of
the broker and promises to pay the broker a valuable consideration or agrees
that the real estate broker may receive a valuable consideration from another
in consideration of the broker's producing a seller, buyer, tenant, or landlord
ready, able, and willing to sell, buy, or rent the property or in consideration
of the broker's performing property management services or performing community
association management services. Such contracts or agreements as an exclusive
listing contract, an open listing contract, a buyer broker agreement, a
property management agreement, a community association management agreement,
and an exclusive tenant representation contract are examples of brokerage
engagements;
(e) "Brokerage
relationship" means the agency and non-agency relationships which may be formed
between the broker and the broker's clients and customers as a result of the
brokerage engagement;
(f) "Buyer"
means a purchaser, a person who acquired or attempts to acquire or succeeds to
an interest in real estate;
(g)
"Candidate for Licensure" means any person who is in the process of completing
the requirements for a license or an approval as set forth in O.C.G.A. Chapter
43-40 and in any Chapter of the Commission's Rules and Regulations but who has
not successfully completed all of them.
(h) "Client" means a person who has entered
into a brokerage engagement with a real estate broker;
(i) "Customer" means a person who has not
entered into a brokerage engagement with a broker but for whom a broker may
perform ministerial acts in a real estate transaction;
(j) "Dual agent" means a broker who
simultaneously has a brokerage relationship with both seller and buyer or both
landlord and tenant in the same real estate transaction;
(k) "Firm" means a sole proprietorship,
partnership, limited liability company, or corporation licensed by the
Commission as a broker;
(l)
"Franchise name" means any name, the use of which requires obtaining permission
from another who has an existing and continuing right in that trade name by
virtue of any state or federal law;
(m) "Franchisee" means a firm licensee
authorized to use a franchisor's trade name as part of or in conjunction with
the licensee firm's name;
(n)
"Franchisor" means a business entity owning a trade name whose use by others
the owner of the trade name controls and authorizes;
(o) "Instructional hour" means a period of
time of at least fifty minutes of instruction or other learning
activity;
(p) "Military" means the
United States armed forces, including the National Guard;
(q) "Military Spouse" means a spouse of a
service member or transitioning service member;
(r) "Ministerial acts" means those acts which
the broker or affiliated licensee performs for a person which do not require
discretion or the exercise of the broker or affiliated licensee's own
judgment;
(s) "Service Member"
means an active or reserve member of the armed forces, including the National
Guard;
(t) "Statutory overnight
delivery" means delivery of a document through the United States Postal Service
or through a commercial firm which is regularly engaged in the business of
document delivery or document and package delivery in which the sender:
1. has directed that delivery be not later
than the next business day following the day on which the document is received
for delivery by the United States Postal Service or the commercial firm
and
2. receives a receipt
acknowledging receipt of the document signed by addressee or an agent of the
addressee;
(u)
"Transitioning Service Member" means a member of the military on active duty
status or on separation leave who is within twenty-four months of retirement or
twelve months of separation; and
(v) "Timely" means a reasonable time under
the particular circumstance.
O.C.G.A. §§ 10-6A-3, 43-40-2, 43-40-25.
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