Real Estate Consulting Requires a Real Estate License

If a Real Estate Firm or Licensee hires someone to conduct real estate brokerage activities, then he/she must be Licensed by the Georgia Real Estate Commission.
 Whether it is marketing residential properties, managing rental properties, selling land, or procuring prospective tenants for an office building, if a person performs real estate activities for a Licensee in anticipation of getting paid for that work, he/she must have an active real estate license. Calling the real estate activities “consulting” work does not change the fact that it is real estate brokerage activities and requires a License.
Review the following summary of the 43-40-1 Definition of Broker in the Real Estate License Law.
"Broker" means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another:

• Negotiates or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or its improvements;
• Acts as a referral agent to secure prospects for any real estate;
• Collects rent or other trust funds;
• Is employed by or on behalf of the owner(s) of lots, timeshares, or other parcels of real estate at a salary, fee, commission, or other valuable consideration to sell such real estate or part thereof;
• Charges a fee, other than an advertising fee, to promote the sale of real estate either through its listing in a publication or for referral to Brokers, or both;
• Auctions real estate;
• Deals in options to buy/sell real estate;
• Performs property management or community association management services;
• Provides consulting services to any party to a real estate transaction to negotiate or procure prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon.
• Advertises him/herself as engaged or providing any such services.

Thus, by definition, an individual is not permitted to receive consulting fees as a source of income for doing any of the above activities unless he/she has a real estate License.
Article from GREC RENews November 2024 Edition
Full article here GREC November 2024 Newsletter
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