Georgia Real Estate Law Refresher: What Every Agent Must Know to Stay Compliant

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.