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O.C.G.A. § 43-40-19 — Change of place of business; transfer of salesperson, associate broker, or community association manager | Georgia Code
O.C.G.A. § 43-40-19 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 40. Real Estate Brokers and Salespersons, 43-40-1 through 43-40-32.

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-40-19. Change of place of business; transfer of salesperson, associate broker, or community association manager.

  1. Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 30 days of such change.
  2. When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:
    1. Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or
    2. Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker or the qualifying broker of a firm.
  3. A licensee transferring to a new broker may continue to act as a licensee for the former broker with regard to transactions begun prior to the transfer, provided:
    1. Both brokers agree in writing to the licensee's actions on behalf of the former broker;
    2. The transactions on which the licensee will act on behalf of the former broker are enumerated in the written agreement between the brokers;
    3. The former broker agrees in writing to assume full responsibility for the licensee's activities in the enumerated transactions; and
    4. The written agreement expresses the terms under which the licensee shall be compensated by the former broker.
  4. A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community association manager's license except as provided in subsection (c) of this Code section.

(Code 1933, § 84-1418, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1977, p. 880, § 4; Ga. L. 1980, p. 1398, § 7; Ga. L. 1984, p. 844, § 7; Ga. L. 1985, p. 360, § 9; Ga. L. 1986, p. 364, § 7; Ga. L. 1991, p. 642, § 6; Ga. L. 1993, p. 123, § 56; Ga. L. 1996, p. 194, § 9; Ga. L. 1998, p. 196, § 5; Ga. L. 2000, p. 1527, § 18.)

Cross references.

- Levy of license, occupation, or professional taxes by counties or municipalities upon real estate brokers at place of principal or branch office, § 48-13-6.

JUDICIAL DECISIONS

Applicability.

- In an action regarding an alleged breach of an employment contract seeking commissions on deals made by a real estate agent to which a former real estate broker alleged the broker was entitled, the trial court erred in entering summary judgment against the agent, finding that the agent owed the broker commissions as to one of two contested deals because: (1) the agent closed the deal with that client after terminating employment with the broker; and (2) it was undisputed that the agent had not agreed to share commissions with the broker on deals struck after the agent left the broker's employ; thus, since summary judgment was properly entered in the agent's favor regarding commissions paid to the agent as to the second of the two contested clients, the broker was not entitled to litigation costs under O.C.G.A. § 13-6-11. Morgan v. Richard Bowers & Co., 280 Ga. App. 533, 634 S.E.2d 415 (2006).

Construction of an employment contract.

- Upon a de novo review of the plain terms outlined in an employment contract, a former employer was not entitled to receive commission payments from a former employee, a licensed sales agent, for deals closed with the employee's subsequent employer as any contrary reading would result in an unenforceable contract under O.C.G.A. § 43-40-19(c); hence, summary judgment was properly granted to the employee on that issue, and the former employer's claim for money had and received also failed. Richard Bowers & Co. v. Creel, 280 Ga. App. 199, 633 S.E.2d 555 (2006).

Cited in Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973); Georgia Real Estate Comm'n v. Hooks, 139 Ga. App. 34, 227 S.E.2d 864 (1976).

Cases Citing O.C.G.A. § 43-40-19

O.C.G.A. § 43-40-19 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.