Title 43, Chapter 40, Section 1
As used in this chapter, the term:
(1) "Associate broker" means a person who acts on behalf of a real
estate broker in performing any act authorized by this chapter to
be performed by the broker.
(2) "Broker" means any person who, for another, and who, for a
fee, commission, or any other valuable consideration or with the
intent or expectation of receiving the same from another:
(A) Negotiates or attempts to negotiate, or assists in procuring
prospects for the listing, sale, purchase, exchange, renting,
lease, or option for any real estate or of the improvements
(B) Holds himself or herself out as a referral agent for the
purpose of securing prospects for the listing, sale, purchase,
exchange, renting, lease, or option for any real estate;
(C) Collects rents, assessments, or other trust funds or
attempts to collect rents, assessments, or other trust funds;
(D) Is employed by or on behalf of the owner or owners of lots,
time-share intervals, or other parcels of real estate at a
salary, fee, commission, or any other valuable consideration to
sell such real estate or any part thereof in lots or parcels or
intervals or other disposition thereof;
(E) Engages in the business of charging an advance fee or
contracting for collecting of a fee, other than an advertising
fee, in connection with any contract whereby he or she
undertakes primarily to promote the sale of real estate either
through its listing in a publication issued primarily for such
purpose, or for referral of information concerning such real
estate to brokers, or both;
(F) Auctions or offers or attempts or agrees to auction real
(G) Buys or offers to buy, sells or offers to sell, or otherwise
deals in options to buy real estate;
(H) Performs property management services or community
association management services;
(I) Provides or attempts to provide to any party to a real
estate transaction consulting services designed to assist the
party in the negotiations or procurement of prospects for the
listing, sale, purchase, exchange, renting, lease, or option for
any real estate or the improvements thereon; or
(J) Advertises or holds himself or herself out as engaged in any
of the foregoing.
(3) "Commission" means the Georgia Real Estate Commission.
(4) "Commissioner" means the real estate commissioner.
(4.1) "Community association" means an owner organization of a
residential or mixed use common interest realty association in
which membership is mandatory as an incident of ownership within
the development, such as condominiums, cooperatives, homeowner
associations, timeshares, lot division with restrictions in
management, and other forms of common interest or planned
developments wherein there is a common management.
(4.2) "Community association management services" means the
provision, for a valuable consideration, to others of management
or administrative services on, in, or to the operation of the
affairs of a community association, including, but not limited to,
collecting, controlling, or disbursing the funds; obtaining
insurance, arranging for and coordinating maintenance to the
association property; and otherwise overseeing the day-to-day
operations of the association.
(4.3) "Community association manager" means a person who acts on
behalf of a real estate broker in providing only community
association management services.
(4.4) "Firm" means any business entity, including, but not limited
to, a corporation, partnership, limited liability company, or sole
(5) "Licensee" means any person who is licensed as a community
association manager, salesperson, associate broker, or broker.
(5.1) "Ministerial acts" means those acts related to real estate
brokerage activities which a licensee or a licensee's employee
performs and which do not require discretion or the exercise of
the licensee's own judgment.
(6) "Person" means individuals and firms.
(7) "Property management services" means the provision, for a
valuable consideration, to another of marketing, including
referring prospective tenants; leasing; physical, administrative,
or financial maintenance; and overall management of real property;
or supervision of the foregoing activities for another pursuant to
a property management agreement.
(8) "Purchaser" means a person who acquired or attempts to acquire
or succeeds to an interest in land.
(9) "Real estate" means condominiums and leaseholds, as well as
any other interest or estate in land, whether corporeal,
incorporeal, freehold or nonfreehold and whether the real estate
is situated in this state or elsewhere; and shall also include a
mobile home when such mobile home is affixed to land. "Mobile
home," as used in this paragraph, means any factory-built
structure or structures equipped with the necessary service
connections and made so as to be readily movable as a unit or
units and designed to be used as a dwelling unit or units.
(10) "Salesperson" means any person, other than an associate
broker, who acts on behalf of a real estate broker in performing
any act authorized by this chapter to be performed by the broker.