Exam Cheat Sheet · Quick Reference
Georgia Broker Supplement Examination
Georgia · PSI Services Real Estate
Georgia State Portion 48 questions
Key Distinctions
The qualifying broker is responsible for supervising all affiliated licensees and the firm's compliance with Georgia real estate law; affiliated licensees operate under the qualifying broker's license and authority.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-10A broker who had reasonable supervisory procedures in place, did not participate in, and did not ratify a violation may avoid liability for an affiliated licensee's misconduct; a broker lacking these defenses shall be held responsible.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-18(b)For a corporation the qualifying broker must be an officer of the corporation; for an LLC the qualifying broker must be a member or, if management is vested in a manager by the operating agreement, a manager.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-18(e)The commission may conduct its own examination of a broker's trust account, but in its discretion may accept a written CPA report confirming compliance in lieu of a direct examination.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-20(c)A broker must maintain the firm's trust account with signatory authority; an affiliated licensee may maintain a separate trust account for property they personally own only if the broker approves it, the commission is notified, and the licensee provides quarterly reconciliation statements to the broker.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-18(e)A qualifying broker may delegate management duties to another person, but the qualifying broker remains fully responsible for the acts of the person to whom the duty is delegated.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-18(d)Upon transfer, the licensee's license is immediately forwarded to the new broker or commission; to continue working on prior transactions for the former broker, both brokers must agree in writing, enumerate the transactions, the former broker must assume full responsibility, and compensation terms must be expressed.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-19(b)The Georgia Real Estate Commission requires that firms and all affiliated licensees enter into written compensation agreements, but the commission does not regulate the content of those agreements or enforce their provisions.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-18(c)(9)A broker is not entitled to any portion of earnest money or trust funds as commission until the transaction has been consummated or terminated; only after that point may the broker access those funds as compensation.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-20(e)The commissioner is a full-time employee and chief executive officer of the commission who may hold no real estate business interest while serving; commission members are governor-appointed (5-year terms) and must recuse themselves from votes where they have a conflict of interest.
Georgia O.C.G.A. Title 43, Ch. 40, § 43-40-4(b)Key Terms
Formulas to Know
Sale Price × Commission RateGross Commission × Broker's Split PercentageGross Commission × Agent's Split PercentageSale Price − (Commission + Seller's Closing Costs + Loan Payoff + Other Charges)Loan Amount ÷ Appraised Value (or Sale Price, whichever is lower)Principal Balance × Annual Interest Rate(Principal Balance × Annual Interest Rate) ÷ 12Annual Amount ÷ 365 × Number of DaysAnnual Tax ÷ 365 × Number of Days Seller Owned Property in Tax YearGross Income − Vacancy & Collection Loss − Operating Expenses