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2018 Georgia Code 43-40-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-40-21 Case Law from Google Scholar Amendments to OCGA 43-40-21

TITLE 43 PROFESSIONS AND BUSINESSES

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

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-40-21. Violations involving real estate accounts; report to Attorney General; injunctions; appointment of receiver.

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon such receiver by the court.

(Code 1933, § 84-1424, enacted by Ga. L. 1958, p. 334, § 1; Code 1933, § 84-1420, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 2000, p. 1527, § 19.)

JUDICIAL DECISIONS

Escrow money not garnishable for broker's debts.

- Moneys belonging to others held in escrow by real estate brokers according to former Code 1933, §§ 84-1419 and 84-1420 (see now O.C.G.A. §§ 43-40-20 and43-40-21) were not subject to garnishment for the broker's personal debts. Citizens & S. Nat'l Bank v. AVCO Fin. Servs., Inc., 129 Ga. App. 605, 200 S.E.2d 309 (1973).

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