Handling Real Estate Transactions - GREC Rule 520-1-.10


520-1-.10 Handling Real Estate Transactions.

 

(1) Presenting Offers. A licensee shall promptly tender to any customer or client any

signed offer to purchase, sell, lease, or exchange property made to such client or

customer. In a transaction in which the offeror is not a client or customer of the licensee,

the licensee receiving an offer must provide a copy of the offer to the licensee working

with or representing the offeree. However, a licensee who obtains an offer may negotiate

a sale, exchange, or lease directly with an owner, a lessor, a purchaser, or a tenant if the

licensee who obtains the offer knows that such offeree has a written outstanding

agreement in connection with such property that expressly provides the other licensee

will not provide negotiation services to the offeree.

(2) License Numbers in Offers. A licensee preparing or signing a brokerage

engagement or an offer to purchase, sell, lease, or exchange real property shall include

the license number issued by the Commission of each firm and of each licensee

participating in the transaction. The licensee shall include the six digit license number

issued by the Commission.

(3) Responsibility to Distribute Copies. A licensee shall provide a copy of any

document utilized in a real estate transaction to any individual signing such document. If

any offer to purchase, sell, lease, or exchange is accepted and signed by all parties, copies

of that document shall be properly distributed, one to each person signing the document

and one to each brokerage firm involved in the transaction.

(4) Retention of Copies of Records and Documents . Copies of sales contracts,

brokerage engagements, closing statements, leases, and other documents related to a real

estate transaction required by law to be maintained in a broker’s file for three years shall

be made available to authorized agents of the Commission upon reasonable request and at

a reasonable cost to the Commission. Brokers that must keep copies of the documents

cited in this paragraph include:

(a) any broker identified in a sales contract, brokerage engagement, closing statement,

lease, or other document related to a real estate transaction;

(b) any broker firm that participates in the negotiations involving a sales contract,

brokerage engagement, lease, or other contractual document related to a real estate

transaction; and

(c) any broker required by O.C.G.A. Section 43-40-20 to maintain a trust account.

Copies of documents and other records which licensees are required by law and the

Commission’s rules to maintain may be maintained in any records storage system that

utilizes paper, film, electronic, or other media provided that: (a) the licensee can produce

true and correct copies of such documents and records and (b) copies of such documents

and records can be made available to an authorized representative of the Commission

upon reasonable request and at reasonable cost to the Commission.

(5) Falsification of Transaction Documents and Misleading Representations

Prohibited. No licensee shall falsify or be a party to the falsification of a document

involved in a real estate transaction or knowingly represent, either verbally or in writing,

to a principal or any interested third party:

(a) an amount other than the true and actual sales, lease, or exchange price;

(b) an amount other than the true and actual downpayment;

(c) an amount other than the true and actual earnest money, security deposit, or other trust

funds or that such trust funds have been tendered in any form other than its true and

actual form;

(d) a payment of trust funds in cash when in fact some other method of such is made; or

(e) an artifice, contrivance, or machination with the intent to deceive.

Any or all such practices shall constitute a misrepresentation.

(6) Disclosure of Commissions, Fees, Rebates, or Other Valuable Consideration.

(a) Settlement Statements and Settlement Documents

Any fee, charge, rebate, profit, commission, referral fee, or other valuable consideration

that is related to a purchase, sale or exchange transaction of real property shall be

disclosed on the settlement statement for that transaction or on a supplemental document

given to the licensee’s principal at or before the closing of the transaction. So long as a

copy of such disclosure is maintained in the broker’s records, no additional disclosure is

required to comply with O.C.G.A. Sections 43-40-25 (b) (6) and (29).

Notwithstanding the above, no disclosure shall be required of any the following:

1. ordinary business expenses incurred on behalf of a licensee’s principal in performing

the services of a broker;

2. gifts, products, services or other things of value given to the licensee, provided that the

receipt of any of the same is not contingent upon any of the following: a) the purchase,

sale or exchange of specific real property; b) the referral by the licensee of products,

services or other business related to a specific real estate transaction, or c) the licensee

performing services, other than the real estate brokerage services, related to a real estate

transaction;

3. gifts, products , services or other things of va lue given to the licensee’s principal,

provided that the receipt of any of the same is not contingent upon the purchase, sale or

exchange of real property;

4. how a real estate commission, fee charge, profit, referral fee or other valuable

consideration of the same is shared with the affiliated licensees of the broker or with any

licensed and unlicensed assistants of those affiliated licensees.

(b) Leases

A lease, or accompanying document, may establish the terms under which a licensee may

pay a referral fee, or offer other valuable consideration related to the real property being

leased. So long as payment or other offering of valuable consideration is made by the

licensee pursuant to the pre-established terms and recorded in the brokers file, no

additional disclosure is required to comply with O.C.G.A. Sections 43-40-25 (b) (6) and

(29).

(c) Management Agreements

A management agreement, or accompanying document, may establish the terms under

which a licensee may pay a referral fee, or offer other valuable consideration related to

the management of the real property on behalf of an owner. So long as payment or other

offering of valuable consideration is made by the licensee pursuant to the pre-established

terms and recorded in the broker’s file , no additional disclosure is required to comply

with O.C.G.A. Sections 43-40-25 (b) (6) and (29).

(d) Miscellaneous

For the purposes of this regulation, the term “licensee’s principal” shall mean the

following:

1. a client of the broker in the specific real estate transaction for which disclosure is being

made provided, however, that if the broker is practicing dual or designated agency the

required disclosures to each client shall only be those disclosures that would be have been

given had the broker only been representing that client; or

2. the customer of the broker, provided that the customer is not being represented by or is

not primarily working with another broker.

Authority O.C.G.A. Secs. 43-40-2, 43-40-7, 43-40-11, 43-40-14, 43-40-25. History. Original Rule entitled

“Salesman” adopted as ER. 520-1-0.1-.10. F. and eff. July 12, 1973, the date of adoption. Amended:

Permanent Rule entitled “Business Name” adopted. F. Dec. 7, 1973; eff. Dec. 27, 1973. Amended: F. Feb.

14, 1977; eff. Mar. 6, 1977. Repealed: New Rule of same title adopted. F. Apr. 16, 1979; eff. May 6, 1979.

Amended: F. Nov. 16, 1979; eff. Dec. 6, 1979. Amended: Authority changed. F. Aug. 5, 1982; eff. Nov.

1, 1982, as specified by the Agency. Amended: F. May 9, 1985; eff. July 1, 1985, as specified by the

Agency. Amended: F. July 19, 1994; eff. Aug. 8, 1994. Repealed: New Rule entitled “Handling Real

Estate Transactions” adopted. F. Nov. 12, 2003; eff. Dec. 2, 2003. Amended: F. Sept. 21, 2004; eff. Oct.

11, 2004. Amended: F. Jan. 14, 2005; eff. Feb. 3, 2005. Amended: F. Aug. 15, 2007; eff. Sept. 4, 2007.

Amended: F. Oct. 16, 2009; eff. Nov. 5, 2009.

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