The single-act rule
Georgia does not license a volume of activity; it licenses the act. O.C.G.A. 43-40-30(a) provides that a single act done for another with the intent or promise of valuable consideration makes the person a licensee within the meaning of the chapter. Do that one act without a license and you have violated 43-40-30(b).
Georgia rule: there is no "three transactions a year" threshold for general brokerage. That number is lifted from the referral-agent exemption and is one of the most common traps on this unit. A broker cannot cure the problem by reviewing and approving the deal afterward either; the business brokerage rule squarely forbids letting an unlicensed person perform the acts and then having a licensee bless them. Negotiating a sale is not a ministerial act, because ministerial acts require no discretion or judgment.
Who is exempt
O.C.G.A. 43-40-29(a) exempts a narrow set of people, and each exemption has conditions that distractors quietly break:
- A licensed practicing attorney, but only when acting solely as an incident to the practice of law.
- An employee of the owner, but only a full-time employee; part-time work defeats it.
- An unlicensed referral agent, but only with no fee from the party referred, no advance fee, and not more than three transactions per year — all three conditions.
Under 43-40-29(c), no exemption is available to anyone who holds a real estate license. An inactive salesperson is therefore not exempt, and may perform brokerage activity only on real estate the licensee owns solely.
Cease and desist orders
A cease and desist order against unlicensed activity becomes final ten days after issuance unless a hearing is requested. Violating it carries a fine of up to $1,000.00 for each transaction, and each day of practice in violation is a separate violation. Thirty days is a citation's finality period; $5,000.00 is the cap on multiple violations, not a per-transaction figure. Initial judicial review lies solely in the superior court of the county of the Commission's domicile.