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2018 Georgia Code 43-40-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 43-40-7 Case Law from Google Scholar Amendments to OCGA 43-40-7

TITLE 43 PROFESSIONS AND BUSINESSES

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

ARTICLE 10 PAIN MANAGEMENT CLINIC

43-40-7. Application for licenses; confidentiality.

  1. Any person desiring to act as a real estate licensee must file an application for a license with the commission. All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following:
    1. The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;
    2. The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
    3. Such other information as the commission shall require.
  2. Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule.

(Ga. L. 1925, p. 325, § 7; Code 1933, § 84-1410; Code 1933, § 84-1409, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1993, p. 123, § 50; Ga. L. 2000, p. 1527, § 12.)

JUDICIAL DECISIONS

License issued in trade name.

- Real estate brokerage license was not invalid because the license was issued in a trade name rather than in a proper corporate name. Barker v. Century 21-Atlanta E. Realty, Inc., 162 Ga. App. 828, 293 S.E.2d 76 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Brokers, but not sales people, may incorporate.

- Former Code 1933, § 84-1410 (see now O.C.G.A. § 43-40-7) contemplated that real estate brokers may practice in the corporate form, but this power was not extended to sales people by Ga. L. 1970, p. 243, § 2 (see now O.C.G.A. § 14-7-2). 1971 Op. Att'y Gen. No. U71-39.

RESEARCH REFERENCES

ALR.

- Duty of real estate broker to disclose that prospective purchaser is a relative, 26 A.L.R.2d 1307.

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Suspension or revocation of real estate broker's license on ground of discrimination, 42 A.L.R.3d 1099.

Revocation or suspension of real estate broker's license for violation of statutes or regulations prohibiting use of unlicensed personnel in carrying out duties, 68 A.L.R.3d 530.

Necessity of having real estate broker's license in order to recover commission as affected by fact that business sold includes real property, 82 A.L.R.3d 1139.

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