In today’s market, agents are creating more content than ever: social media posts,
listing flyers, reels, email campaigns, text marketing, and online ads. But with increased
visibility comes increased risk. Many advertising violations in Georgia are not intentional
— they happen because agents move quickly and overlook compliance details.
Here are five common advertising mistakes Georgia agents still make, along with
practical ways to reduce risk.

1. Missing Brokerage Identification
Under Georgia license law, advertising must clearly identify the licensed brokerage firm.
This applies to:

•  Social media profiles
•  Listing posts
•  Digital ads
•  Email signatures
•  Websites
•  Flyers and print marketing

A team name, logo, or agent name alone is not enough.

2. Using Language That Could Create Fair Housing Concerns
Fair Housing violations are often unintentional. Certain phrases may appear harmless
but can imply a preference for certain groups of people.
Avoid phrases that describe people instead of property features, such as:

•  “Perfect for families”
•  “Safe neighborhood”
•  “Christian community”
•  “Ideal for young professionals”
•  “No kids”
•  “Walk to synagogue/church”
•  “Exclusive community”

Focus on objective property details instead.

3. Advertising Information That Cannot Be Verified
Agents sometimes repeat information from sellers, prior listings, tax records, or third-
party websites without verification.

Common Risk Areas:

•  School assignments
•  Square footage
•  HOA information
•  Rental restrictions
•  “No flood zone”
•  Investment return claims
•  “Lowest taxes in the area”

If an agent publishes inaccurate information, “the seller told me” is usually not a strong
defense.

4. Posting Sold Data or MLS Information Improperly
MLS rules often create compliance issues when agents repost listing information after
closing or use data outside permitted purposes.
Common Mistakes:

•  Sharing days-on-market comparisons without context
•  Publishing confidential commission information
•  Using listing photos after expiration without permission
•  Modifying MLS remarks in misleading ways
•  Advertising another broker’s listing without authorization

5. Forgetting That Personal Social Media Can Still Be Considered Advertising
Many agents believe business rules only apply to formal marketing materials. In reality,
a Facebook post, Instagram story, TikTok video, or neighborhood group comment may
still be considered real estate advertising.
Examples:

•  Promoting services
•  Soliciting buyers or sellers
•  Discussing listings
•  Advertising open houses
•  Offering market advice

If the post relates to real estate business activity, compliance standards likely apply.

Good Practice Before Posting:

Ask yourself:

•  Is the brokerage identified?
•  Is the information accurate?
•  Could the language create Fair Housing concerns?
•  Am I making claims I can support?

Professional, compliant advertising protects both your license and your reputation.

As licensed real estate professionals in Georgia, staying compliant with state laws and Commission rules isn’t optional—it’s essential. Beyond protecting your license, understanding these requirements helps you better serve your clients and avoid costly mistakes.
Here are key Georgia real estate laws and rules every agent should consistently follow:
1. Agency Relationships Must Be Clearly Defined (BRRETA)
Georgia operates under the Brokerage Relationships in Real Estate Transactions Act (BRRETA). This law requires agents to clearly disclose their role in a transaction.
Key reminders:

• You must disclose who you represent (buyer, seller, both as dual agent, or customer)
• Agency disclosure should happen early in the conversation, not at the contract stage
• If acting as a dual agent, written consent from both parties is required

Failure to properly disclose agency can lead to serious legal consequences and disciplinary action.

2. Timely Presentation of All Offers Is Mandatory
Georgia license law requires that all offers be presented to the client promptly—unless the client has given written instructions otherwise.
Important points:

• You cannot withhold offers based on your opinion of the buyer or terms
• Even low or “unrealistic” offers must be presented
• Documentation is your protection—keep records of offer presentation

3. Handling of Earnest Money Must Follow Strict Guidelines
Earnest money must be handled according to Georgia Real Estate Commission (GREC) rules.
Key requirements:

• Funds must be deposited into a broker-managed trust account
• Deposits must be made promptly (typically within 5 banking days unless otherwise stated in the contract)
• Brokers are responsible for proper accounting and recordkeeping

Never hold or delay earnest money outside of these guidelines.

4. License Law Requires Honest and Accurate Advertising
All advertising must be truthful and properly identify the brokerage.
In Georgia:

• The broker’s name must be included in all advertising
• Ads cannot be misleading or deceptive
• Teams must clearly show the brokerage relationship

Social media is included—Instagram, Facebook, and online listings must all comply.

5. Material Facts Must Be Disclosed
Agents in Georgia have a duty to disclose known material defects that could affect a property's value or desirability.
Examples include:

• Structural issues
• Water damage or mold
• Known zoning or legal issues

You are not required to discover hidden defects, but you cannot ignore or conceal known issues.

6. Broker Supervision Is Required by Law
In Georgia, agents operate under the supervision of their qualifying broker.
This means:

• Contracts and transactions fall under the broker’s authority
• Agents must follow brokerage policies and procedures
• Brokers are responsible for trust accounts and oversight

When in doubt—ask your broker before acting.

7. License Renewal and Continuing Education
To maintain an active license in Georgia:

• Complete 36 hours of continuing education every 4 years
• Include the required 3-hour License Law course
• If you are a broker, 18 of the 36 continuing education hours must be broker-specific CE hours
• Renew on time to avoid lapses or penalties – you must go online to pay the fee and renew your license

Staying educated is part of staying compliant.

Final Thoughts: Compliance Protects Your Business
Georgia real estate law is designed to protect consumers—and professionals. The agents who build long-term, successful careers are the ones who treat compliance as part of their daily routine, not an afterthought.
When you’re unsure, slow down, document everything, and reach out to your broker. It’s always better to ask questions upfront than fix problems later.

As Georgia real estate professionals, we are often asked what happens after a lease expires — especially when no renewal has been signed and the tenant remains in possession. Understanding how Georgia law treats these situations is critical for protecting your landlord clients and advising tenants correctly.
Here’s a clear breakdown of how it works under O.C.G.A. § 44-7-7.

What Happens When a Lease Expires?
If a written lease expires and is not renewed or extended, the landlord has the right to retake possession of the property.
If the tenant refuses to vacate after the lease expires, the landlord may:

• Require the tenant to sign a new lease with new terms, or
• Require the tenant to vacate the property

However, if:

• No new lease is signed, and
• The landlord continues to accept rent on a monthly basis

A tenancy-at-will is created by operation of law.

What Is a Tenancy-at-Will?
A tenancy-at-will arises when a tenant remains in possession with the landlord’s consent, but without a current fixed-term lease. It is also considered a month-to-month lease.
Key point:
The tenancy-at-will generally operates under the terms of the original lease, except that it is no longer for a fixed term.
This is where many landlords (and even agents) get tripped up.

Notice Requirements Under Georgia Law
Under O.C.G.A. § 44-7-7, once a tenancy-at-will is created:

• Landlord must give 60 days’ written notice to terminate the tenancy.
• Tenant must give 30 days’ written notice to terminate the tenancy.

These notice requirements apply when:

• No lease term is specified, or
• The lease expired and the parties continued month-to-month.

Changing Rent During a Tenancy-at-Will
If a landlord wishes to:

• Increase the rent, or
• Change other material terms

The landlord must give the tenant 60 days’ notice before the new terms take effect.
That 60-day notice essentially begins a new tenancy-at-will under the new terms.

Practical Guidance for Agents
Here’s what you should be advising your clients:
For Landlords:

• Do not assume you can give 30 days’ notice just because rent is paid monthly.
• If you accept rent after lease expiration, you likely created a tenancy-at-will.
• You must provide 60 days’ written notice to terminate or modify rent.

For Tenants:

• You are required to give 30 days’ written notice to vacate.
• If you stay past lease expiration and rent is accepted, you are no longer under a fixed-term lease.

In summary, when a lease expires and rent continues to be accepted, a tenancy-at-will is often created. Before advising your clients, make sure you understand Georgia’s notice requirements to avoid costly mistakes and protect all parties involved.

​When a seller is involved in a pending divorce in Georgia, it can directly impact the ability to convey clear, marketable title. For REALTORS®, this is not just a personal matter between spouses — it is a legal issue that can affect the validity of a sale and expose everyone involved to serious risk.
Why does a pending divorce matter?
Under Georgia law, most real property acquired during a marriage — especially the marital residence — is considered a marital asset for purposes of equitable division. That means the divorce court has authority to decide how the property will ultimately be handled.
A common misconception is that a home will simply be sold and the proceeds divided. In reality, the court may award the actual property to one spouse instead of ordering a sale. Until the divorce issues are resolved, ownership rights may be uncertain.
Even a spouse who is not listed on title can have an equitable interest in the property. Because of that interest, their cooperation — and often their signature — may be required to properly transfer title.
The risk of getting it wrong
Improper handling of property tied to a divorce can have severe consequences:

• A closing could be challenged or invalidated
• The parties could face significant legal liability
• A court could order the property returned to one of the spouses
• In extreme cases, title could be taken back from the buyer

This is not theoretical. Georgia courts have broad authority in domestic relations matters, and real estate transactions can become entangled in divorce litigation if not handled correctly.
Agent Pro Tip: Always ask
REALTORS® should routinely ask every seller:
“Are you currently involved in a divorce, or is a divorce likely to be filed during the listing period?”
Even sellers who appear cooperative and amicable may be in the middle of divorce proceedings and never volunteer that information unless directly asked.
Sometimes a spouse will file a Lis Pendens in the county real estate records to give notice of a claim related to the property or sale proceeds. However, this is not always done. If no notice is recorded and the closing attorney is not informed, the issue may go undetected.
Why a title search won’t necessarily catch it
Many agents assume a divorce will automatically appear in a title exam. In Georgia, that is not the case.
Divorce filings are civil court matters maintained in Superior Court records — a completely separate system from land records. Georgia title standards do not require attorneys to search civil complaint indexes as part of a routine title exam.
Additional complications include:

• The divorce may be filed in any of Georgia’s 159 counties
• The parties may be in pre-filing stages with no public record yet
• There may be pending agreements not reflected in land records

Without disclosure from the seller, the closing attorney may never know the divorce exists.
What attorneys must evaluate before closing
When a divorce is involved, attorneys must determine how — and whether — the decree affects title. Key questions include:
1. Is the divorce decree legally valid and final?
The court must have jurisdiction over the parties and the property, and the decree must not be subject to appeal.
2. How is title currently held?

• One spouse only
• Both spouses jointly
• Tenants in common

3. Does the decree transfer ownership?
Most Georgia divorce decrees do not automatically vest title in one spouse. If the decree intends to transfer ownership, a certified copy often must be recorded in county land records to provide notice.
4. Is a deed required?
If the decree orders one spouse to convey their interest (for example, a quitclaim deed), that deed must be executed to complete the transfer. A court order alone is usually not enough.
The bottom line for Georgia REALTORS®
A pending divorce is not just a personal detail — it is a material fact that can affect marketable title and the validity of a sale. Early disclosure protects:

• The buyer
• The seller
• The agent
• The closing attorney
• The transaction itself

The safest practice is simple: ask every time, document the answer, and alert the closing attorney immediately if a divorce is involved.

​The Georgia REALTORS® Purchase and Sale Agreement includes clear rules for resolving conflicts or inconsistencies within the contract. These rules help buyers, sellers, and brokers understand which provisions control when multiple sections appear to say different things.
Order of Priority in the Agreement
When provisions conflict, the agreement is interpreted using the following hierarchy:

1. Handwritten changes take priority over any pre-printed or typed language.
2. Exhibits override the main body of the agreement.
3. Special Stipulations control over both the exhibits and the main agreement, including any handwritten changes.
4. FHA or VA Amendatory Clauses supersede conflicting provisions elsewhere in the agreement. Notably, the “Agreement to Seek Amendment to Purchase Price Prior to Termination” in FHA or VA exhibits is not considered a conflict with the Amendatory Clause.

Enforceability and Broker Compensation
The agreement (and any amendments) is generally enforceable between the buyer and seller even without broker signatures. However, if any provision changes a broker’s agreed-upon compensation, that change is only binding if the affected broker provides written consent.
If a Buyer’s Broker Compensation Exhibit is included, the agreement is not enforceable unless it is properly initialed by the required broker(s).
Special Stipulations Written by Brokers
When a broker drafts special stipulations on behalf of a party, that party, per the GAR agreement:

• Confirms the stipulations accurately reflect their intent,
• Accepts them as if they wrote them personally, and
• Agrees to indemnify the broker from claims arising from those stipulations.

Broker Disclosures and Information Sources
If a broker answers questions or describes aspects of the property or transaction, that information is presumed to come from the seller—not from the broker’s independent investigation—unless the broker provides a separate written disclosure stating otherwise.

Proper Notice is an important part of the real estate transaction. Improper notice can leave the party giving notice at risk, especially if the party giving notice intends to terminate a contract. 
The GAR Contract requires all notices to be in writing, legible and signed by the party giving the notice. An email or text message is not an acceptable form of notice. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery.
Notices can be in person, by courier, overnight delivery service, certified mail; or by email or facsimile. To determine if property notice was sent, ask these five questions.

1. Was notice sent using a permissible means of notice set forth in the contract?
2. Was notice timely delivered and received?
3. Was the notice given by the right party?
4. Was the notice received by the right party?
5. Was the notice sent to the correct address of the party receiving the notice that was included in the purchase contract?

Who is allowed to receive notice? Except where the Broker is acting in a dual agency capacity, the Broker and any affiliated license of the Broker representing a party in a client relationship is authorized agents of the party for the limited purpose of receiving notice. Notice to an authorized agent must be sent to an address, facsimile number or email address listed in the purchase contract. Notice to an unrepresented party must go to the party directly to the address listed in the purchase contract.
GAR has a form F816 that can be used for the purpose of giving notice. It is important that the party giving notice sign the notice before sending to the other party.
Notice section from the GAR Purchase & Sale Agreement:                                                                                     
C.1 Notices.
a. Generally: All notices given hereunder shall be in writing, legible and signed by the party giving the notice. In the event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall apply even prior to this Agreement becoming binding. Notices shall only be delivered: (1) in person; (2) by courier, overnight delivery service or by certified or registered U.S. mail (hereinafter collectively “Delivery Service”); or (3) by e-mail or facsimile. The person delivering or sending the written notice signed by a party may be someone other than that party.
b. Delivery of Notice: A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a party; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a party herein (or subsequently provided by the party following the notice provisions herein) even if it is not opened by the recipient. Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein).
c. When Broker Is Authorized to Accept Notice for Client: Except where the Broker is acting in a dual agency capacity, the Broker and any affiliated licensee of the Broker representing a party in a client relationship shall be authorized agents of the party for the limited purpose of receiving notice and such notice to any of them shall for all purposes herein be deemed to be notice to the party. Notice to an authorized agent shall only be effective if the written notice is sent to an address, facsimile number or e-mail address of the authorized agent set forth herein (or subsequently provided by the authorized agent following the notice provisions herein) whether or not it is not opened by the recipient. Except as provided for herein, the Broker’s staff at a physical address set forth herein of the Broker or the Broker’s affiliated licensees are authorized to receive notices delivered by a Delivery Service. The Broker, the Broker’s staff and the affiliated licensees of the Broker shall not be authorized to receive notice on behalf of a party in any transaction in which a brokerage engagement has not been entered into with the party or in which the Broker is acting in a dual agency capacity. In the event the Broker is practicing designated agency, only the designated agent of a client shall be an authorized agent of the client for the purposes of receiving notice.
​

Georgia law gives landlords and tenants broad freedom to negotiate lease terms — but
that freedom stops where the law or public policy steps in. Certain clauses are
unenforceable or illegal under Georgia’s Residential Landlord and Tenant Act
(O.C.G.A. Title 44, Chapter 7) and related regulations.
Clauses That Cannot Be Included:
1. Waiving the Landlord’s Legal Duties
A lease cannot state that the landlord has no obligation to maintain or repair the property, or that the tenant accepts the unit “as is” with no habitability rights. Landlords must comply with state and local housing codes and keep premises safe and livable.
2. Ignoring Security-Deposit Laws
Provisions that say the landlord doesn’t have to follow Georgia’s security-deposit requirements — such as holding funds in escrow or providing an itemized list of deductions — are void (O.C.G.A. § 44-7-30 et seq.). The landlord cannot take more than two months rent for security deposit.
3. One-Sided Attorney-Fee or Waiver Clauses
A tenant cannot be forced to pay a landlord’s attorney fees “no matter what,” or waive rights to contest habitability or damages. Such terms are unfair and unenforceable.
4. Clauses That Override Georgia or Local Law
A lease cannot say that Georgia laws or city ordinances don’t apply. State and local housing codes govern by default and cannot be waived by contract.
5. Discriminatory or Unlawful Terms
Language restricting families with children, people with disabilities, or other protected groups violates the Georgia Fair Housing Act and federal Fair Housing Act.
6. Excessive or Unconscionable Fees
Georgia allows reasonable late fees and charges, but not punitive or extreme penalties that go beyond actual damages.
7. Indemnifying the Landlord’s Own Negligence
A tenant cannot be required to hold the landlord harmless for the landlord’s own failure to maintain the property or for negligence causing injury or damage.
For More Information on Georgia Landlord Tenant Laws:
Georgia Landlord Tenant Handbook

Affiliated Business Arrangement Disclosure (ABAD): Compliance Guidelines for Brokers and Agents
Under the Real Estate Settlement Procedures Act (RESPA), there are specific disclosure requirements when it comes to settlement service providers (such as lenders, title companies, appraisers, real estate brokers, attorneys, home warranty companies, etc.). Here are the key ones:
1. Affiliated Business Arrangement Disclosure (ABAD)

• If a real estate brokerage, lender, or other settlement service provider refers a consumer to a company with which they have an ownership or other beneficial interest, they must provide a written Affiliated Business Arrangement Disclosure (ABAD) at or prior to the time of referral.
• The disclosure must:
  • Identify the nature of the relationship (ownership or other financial interest).
  • Disclose the estimated charge or range of charges generally made by the referred provider.
  • State that the consumer is not required to use the referred provider and is free to shop for services elsewhere.

2. Required Use Prohibition

• RESPA prohibits requiring a borrower to use a specific settlement service provider (except for attorney, credit reporting agency, or appraiser chosen by the lender to represent its own interests).

3. Kickbacks and Unearned Fees

• Settlement service providers must disclose any compensation arrangements that could create a conflict of interest.
• RESPA strictly prohibits kickbacks, referral fees, or fee-splitting between providers unless they are for actual, bona fide services rendered.

4. Good Faith Estimate (GFE) / Loan Estimate (LE) Disclosures

• Before TRID replaced the old GFE in 2015, lenders had to disclose a Good Faith Estimate of settlement charges.
• Now, under TRID (which incorporates RESPA and TILA), the Loan Estimate and Closing Disclosure are required.
  • These documents disclose the settlement service providers and their costs, including whether the consumer can shop for those services.

Overall, RESPA ensures that consumers are fully informed about settlement service relationships, costs, and their freedom of choice—while prohibiting abusive practices like kickbacks and forced use.

A Must for Georgia Agents
When representing a seller in Georgia, it’s critical to ensure the Community Association Disclosure is completed fully and accurately. This GAR form gives buyers a clear picture of the financial obligations tied to the property. Errors or omissions can create disputes, delay closings, or expose your client to liability.
Key Fees to Verify

• Initiation Fees – One-time charges when the buyer joins the association.
• Transfer Fees – Costs to update records at closing.
• Administrative/Move-In Fees – Orientation, inspections, or paperwork fees.
• Recurring Assessments – Monthly, quarterly, or annual dues.
• Special Assessments – Additional charges for projects or repairs.

Why Accuracy Matters

• Protects Your Client: Incorrect fee disclosure can result in claims of misrepresentation.
• Avoids Delays: Lenders and closing attorneys rely on these figures for settlement.
• Strengthens Trust: Accurate disclosures show professionalism and help buyers make informed decisions.

Best Practices for Agents

• Request a written fee sheet directly from the HOA/management company before listing.
• Double-check for pending or approved special assessments.
• Remind sellers that if fees change before closing, they must update the disclosure.
• Educate your clients: Emphasize that accuracy protects them just as much as the buyer.

 
Who Pays What? Understanding Transfer, Initiation, and Administrative Fees and who pays them?
Buyer Pays: Buyer shall pay any initiation fee, capital contribution, new member fee, transfer fee, new account set-up fee, fees similar to the above but which are referenced by a different name, one-time fees associated with closing of the transaction and fees to transfer keys, gate openers, fobs and other similar equipment (collective, “Transfer, Initiation, and Administrative Fees) to the extent the total amount due is accurately disclosed above. Advance assessments due at Closing for a period of time after Closing, shall not be Transfer, Initiation, and Administrative Fees and shall be paid by Buyer.
Seller Pays: Seller shall pay any Transfer, Initiation, and Administrative Fees in excess of the amount disclosed on the community association disclosure. In the event seller fills in the above blank with “N/A”, or anything other than a dollar amount, or is left empty, it shall be the same as Seller filling in the blank with $0.00. The seller will be required to pay any fee in excess of the amount disclosed.
Bottom line for agents: Take the lead on verifying HOA fees. Doing so prevents headaches, protects your seller, and ensures smoother closings.

​In Georgia real estate, the Brokerage Relationships in Real Estate Transactions Act (BRRETA) mandates the disclosure of material relationships. A material relationship that should be disclosed is any personal, familial, or business connection between a broker or their affiliated licensees and a client that could impair their ability to exercise fair judgment relative to another client. This disclosure is crucial to avoid conflicts of interest and ensure transparency in transactions. 
In essence, real estate agents must tell their clients if they have any personal, family, or business connections with someone involved in the deal on the other side of the transaction that could affect their ability to be fair. This rule helps make sure everyone is treated honestly and knows about any possible conflicts of interest. It is all about keeping things open and fair for everyone involved. Full and timely disclosure is essential for maintaining ethical and legal standards in Georgia real estate. 
What is a considered Material Relationship that should be disclosed?
BRRETA defines a material relationship that should be disclosed as one where a broker or their affiliated licensees have a personal, familial, or business connection with a client that could compromise their ability to make impartial decisions in dealings with another client. 

• Personal:

This could include friendships, close social connections, or past relationships.

• Familial:

This encompasses relationships by blood or marriage, such as siblings, parents, children, or in-laws.

• Business:

This includes any past or present business partnerships or ventures, even if the relationship is with a client's spouse or past client.
Why is Disclosure Required?
Disclosure is necessary to:

• Avoid Conflicts of Interest:

When a broker has a material relationship with a client, it can create a potential conflict of interest, particularly when representing other clients in the same transaction.

• Maintain Transparency:

Full disclosure ensures that all parties involved in a transaction are aware of any potential biases or relationships that could affect the broker's judgment.

​To whom should the material relationship be disclosed?
BRRETA specifically requires brokers to disclose material relationships to all parties involved in a real estate transaction. 
In summary, to stay compliant with Georgia law and maintain trust, real estate agents must disclose any personal, family, or business relationships that could impact their fairness in a transaction. Transparency protects everyone and helps ensure an ethical, conflict-free process.