reglab/housing_qa huggingface dataset:
GA Code § 43-40-21 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-21. Violations Involving Real Estate Accounts; Report to Attorney General; Injunctions; Appointment of Receiver

 Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon such receiver by the court.   (Code 1933, § 84-1424, enacted by Ga. L. 1958, p. 334, § 1; Code 1933, § 84-1420, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 2000, p. 1527, § 19.)
GA Code § 43-40-22.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-22.1. Fidelity Bond or Insurance Requirements for Broker Providing Community Management Services

  The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being managed by the broker against loss of any funds belonging to those community associations being held or controlled by the broker.   The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet.   Each broker providing community association management services shall maintain a copy of any mandatory fidelity bond or fidelity insurance policy and a current certificate of each such bond or insurance policy showing current coverage, shall provide a copy thereof to the community association, and shall produce a copy thereof at the reasonable request of the commission or any of its agents for their inspection.     (Code 1981, §43-40-22.1, enacted by Ga. L. 1996, p. 194, § 11.)
GA Code § 43-40-23 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-23. Applicability of County or Municipal License, Occupational, or Professional Taxes

 No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48-13-17.    (Code 1981, §43-40-23, enacted by Ga. L. 1993, p. 1292, § 2.)
GA Code § 43-40-24 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-24. Requisites for Maintenance of Action Under Chapter

  No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he was a licensed broker in Georgia at the time the alleged cause of action arose.   No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any person acting in the broker's behalf was duly licensed in Georgia at the time the alleged cause of action arose.   No broker shall bring or maintain any action against another broker nor shall any affiliated licensee bring or maintain any action against the broker holding his or her license for the collection of compensation under this chapter without alleging and proving that he or she was a licensee in Georgia at the time the alleged cause of action arose.   The commission by and through its commissioner may bring an action for any violation of this chapter.    (Code 1933, § 84-1404, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 1982, p. 1001, §§ 1, 16; Ga. L. 1983, p. 1411, § 4; Ga. L. 1985, p. 360, § 14; Ga. L. 1987, p. 252, § 6.)   Law reviews.   - For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Licensure Requirements in Actions for Compensation   Licensure Requirements for Nonresidents    RESEARCH REFERENCES   ALR.   - Procurement of real-estate broker's license subsequent to execution of contract for services as entitling broker to compensation for services, 80 A.L.R.3d 318.   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.
GA Code § 43-40-25.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-25.1. Completion of Certain Forms Not Practice of Law; Contents of Certain Forms

 It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, such dates as may be necessary to determine whether the parties have acted timely in meeting their responsibilities under the lease, offer, or contract.    (Code 1981, §43-40-25.1, enacted by Ga. L. 1986, p. 364, § 13; Ga. L. 2003, p. 370, § 15.)   Law reviews.   - For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).
GA Code § 43-40-27.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-27.1. Conviction Data

  As used in this Code section, the term "conviction data" means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.   After the commission has opened an investigation as authorized by Code Section 43-40-27, the commission shall be authorized to obtain conviction data with respect to an applicant or licensee who is the subject of such investigation. The commission may require any applicant or licensee who is the subject of an investigation conducted pursuant to Code Section 43-40-27 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the commission two complete sets of classifiable fingerprints of the applicant or licensee. Upon receipt thereof, the commission shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the commission in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the commission shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-40-27.     (Code 1981, §43-40-27.1, enacted by Ga. L. 2000, p. 1527, § 23.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2000, "fleeing" was substituted for "fleeting" in the middle of the second sentence in subsection (b).
GA Code § 43-40-28 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-28. Injunctive Actions

 Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily and permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.   (Code 1933, § 84-1407, enacted by Ga. L. 1973, p. 100, § 1.)   Law reviews.   - For article, "Real Estate Syndications As Securities in Georgia - A Review and Comments on the Recent Opinion of the Attorney General," see 11 Ga. St. B. J. 80 (1974). For article, "A Response: Real Estate Syndications As Securities in Georgia," see 11 Ga. St. B. J. 153 (1975).
GA Code § 43-40-30.1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-30.1. Employer-Employee or Broker-Independent Contractor Relationships Between Licensees

 Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees.    (Code 1933, § 84-1427, enacted by Ga. L. 1982, p. 1001, § 9; Code 1981, §43-40-30.1, enacted by Ga. L. 1982, p. 1001, § 17.)
GA Code § 43-40-31 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 40 - Real Estate Brokers and Salespersons|§ 43-40-31. Penalty

 Any person acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other provision of this chapter shall be guilty of a misdemeanor.   (Ga. L. 1925, p. 325, § 18; Ga. L. 1927, p. 307, § 26; Ga. L. 1929, p. 316, § 36; Code 1933, § 84-9921; Ga. L. 1973, p. 100, § 2; Ga. L. 2000, p. 1527, § 24.)   RESEARCH REFERENCES   ALR.   - 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.   Right of attorney, as such, to act or become licensed to act as real estate broker, 23 A.L.R.4th 230.
GA Code § 43-41-1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-1. Legislative Findings

 It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.    (Code 1981, §43-41-1, enacted by Ga. L. 2004, p. 786, § 1.)
GA Code § 43-41-7 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-7. Written Warranties Required

 A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single-family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the "Georgia Arbitration Code."    (Code 1981, §43-41-7, enacted by Ga. L. 2004, p. 786, § 1; Ga. L. 2011, p. 752, § 43/HB 142.)   Law reviews.   - For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For annual survey on construction law, see 61 Mercer L. Rev. 65 (2009).
GA Code § 43-41-10 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-10. Reprimand, Revocation, or Other Corrective Actions Authorized; Issuance of Stop-Work Orders; Adoption of Rules and Regulations; Lifting of Suspension

  In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter 1 of this title, the residential contractor division and the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person or licensee if such person or licensee is found by the appropriate division to have engaged in any fraud or deceit in obtaining a license or otherwise to have engaged in gross negligence, repeated or persistent incompetence, intentional misconduct in the practice of his or her profession, or willful violation of any provisions of this chapter.   For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed.   The separate divisions may issue a stop-work order for all unlicensed work falling within their respective jurisdictions upon finding probable cause to believe that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may be enforced by injunctive relief, cease and desist orders, or other related actions within the power and authority of the board and its respective divisions.   The division having jurisdiction shall investigate and sanction any license holder found to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or intentional misconduct in the practice of residential or general contracting; and sanctions shall be assessed against any such residential or general contractor licensed under this chapter either individually or as a business organization acting through a qualifying agent. Such charges, unless dismissed without hearing by the division as unfounded, shall be heard and determined by that division in accordance with the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   The divisions shall each adopt and publish in print or electronically rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses.   Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.     (Code 1981, §43-41-10, enacted by Ga. L. 2004, p. 786, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, Code Section 43-14-10, as enacted by Ga. L. 2004, p. 786, § 1, was redesignated as Code Section 43-41-10.
GA Code § 43-41-11 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-11. Effect of Licensure

 The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.    (Code 1981, §43-41-11, enacted by Ga. L. 2004, p. 786, § 1.)
GA Code § 43-41-12 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-12. Penalty for Violating Provisions; Architect or Engineer Utilizing Nonlicensed Personnel

  Any person, whether an individual or a business organization, who:   Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter;   Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee duly authorized to perform work under such classification of licensure pursuant to this chapter;   Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent;   Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license;   Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting;   Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9; or   Intentionally and repeatedly misrepresents or manipulates the value or percentage of work at the time of contract under subsections (e) and (f) of Code Section 43-41-17 to avoid the licensing requirements of this chapter,  shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court.      Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division.   Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.     (Code 1981, §43-41-12, enacted by Ga. L. 2004, p. 786, § 1; Ga. L. 2007, p. 569, § 7/SB 115.)   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting of offenders not required.    - Offenses under O.C.G.A. § 43-41-12 are not one for which those charged with a violation are to be fingerprinted. 2006 Op. Att'y Gen. No. 2006-2.
GA Code § 43-41-13 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-13. Issuance of Restraining Order and Injunction to Restrain Against Further Violations

 Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason of the violation.    (Code 1981, §43-41-13, enacted by Ga. L. 2004, p. 786, § 1.)
GA Code § 43-41-15 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 41 - Residential and General Contractors|§ 43-41-15. Death of Contractor; Notifications; Completion of Work

 If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes of this Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor's death. If an incomplete contract exists at the time of death of a sole qualifying agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifying agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.    (Code 1981, §43-41-15, enacted by Ga. L. 2004, p. 786, § 1.)