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Georgia vs National Real Estate Exam: Rules and Examples

The national outline teaches general real estate concepts. Georgia’s supplement adds state license law, brokerage practice, finance, and closing rules. Start with the same transaction, then ask which Georgia rule changes the answer. The comparisons below explain the distinction and give you a concrete way to apply it.

Facts checked against the current PSI Candidate Information Bulletin and GREC sources.

Why this page exists

The published Georgia salesperson outline allocates 52 questions across three groups: 16 Laws and Rules, 21 Practice in Georgia, and 15 Finance and Closing. National concepts still matter. They are the foundation for identifying which state rule applies.

These 18 comparisons are grouped into 6 areas. The general-concept column does not describe a universal rule for every other state. The applications are original study examples, not predictions of live exam questions.

Agency and brokerage

General concept

Agency creation and duties depend on the applicable state law and agreement.

Georgia rule

Under BRRETA, a client has a written brokerage engagement; a customer does not.

Apply the distinction

Identify the broker’s role before choosing the duties owed.

General concept

Showing a property or answering a question does not establish representation in every state.

Georgia rule

A transaction broker may assist without representing the customer. Offer presentation, accounting, specified disclosures, and the ban on knowingly false information still apply.

Apply the distinction

Customer protections still apply to an unrepresented buyer. Separate those protections from client representation.

General concept

Dual-agency rules vary by state.

Georgia rule

Georgia permits dual agency with all clients’ written informed consent, subject to BRRETA’s disclosure requirements.

Apply the distinction

Distinguish written informed consent from a casual acknowledgment or an undisclosed conflict.

General concept

The firm and the individual agent can have different responsibilities.

Georgia rule

A broker may designate different affiliated licensees to represent opposing clients under BRRETA. Same-firm representation is not automatically dual agency.

Apply the distinction

Identify who is designated and whether the same licensee represents both clients.

Security instruments and title

General concept

Lien theory and title theory describe different legal effects of a security instrument.

Georgia rule

A Georgia security deed conveys legal title to the grantee as security. The borrower retains equitable rights and ordinarily possession; cancellation on payment reconveys title.

Apply the distinction

Separate legal title, equitable rights, possession, and repayment liability.

General concept

A note promises repayment; a mortgage, deed of trust, or security deed supplies collateral.

Georgia rule

The security deed is Georgia’s standard real estate financing instrument. Georgia also recognizes mortgages, which create liens rather than conveying title.

Apply the distinction

Choose the instrument from its function. Do not treat every Georgia mortgage reference as legally impossible.

General concept

Foreclosure procedure and redemption rights are state-specific.

Georgia rule

A valid power-of-sale clause permits nonjudicial foreclosure subject to Georgia procedure. No statutory redemption period follows that mortgage-debt foreclosure; tax-sale redemption is different.

Apply the distinction

Check the sale type and the instrument. Do not apply tax-sale redemption to a power-of-sale foreclosure.

Closings

General concept

Closing roles depend on state law; a national example may use an escrow officer.

Georgia rule

A Georgia attorney must conduct and control the legal closing. A notary signing followed by next-day lawyer review does not satisfy that role.

Apply the distinction

Separate lender approval, brokerage coordination, notarization, and legal closing work.

General concept

A real estate license does not authorize every kind of contract advice.

Georgia rule

Georgia licensees may complete authorized forms under the statute’s conditions and explain factual business terms within competence. Title opinions, disputed legal rights, and custom legal drafting need counsel.

Apply the distinction

Distinguish filling in agreed facts from deciding legal effect or writing a new legal provision.

Taxes

General concept

Transfer-tax rates, exemptions, and taxable bases vary by state.

Georgia rule

When taxable consideration exceeds $100, Georgia charges $1 for the first $1,000 or fraction, then $0.10 per additional $100 or fraction. Exclude a qualifying preexisting lien not removed by the sale.

Apply the distinction

On taxable consideration of $285,050, the tax is $285.10. A new buyer loan is not automatically a deduction from price.

General concept

Recording fees and taxes on secured debt are separate charges.

Georgia rule

Georgia’s intangible recording tax is $1.50 per $500 or fraction of a qualifying long-term secured note, capped at $25,000. For recording from July 1, 2025, some principal must be due more than 62 months after the note or security-instrument date; exemptions still matter.

Apply the distinction

Use the taxable note amount, not price or assessed value. A qualifying $340,000 note produces $1,020.

General concept

Property-tax assessment ratios vary by jurisdiction and property type.

Georgia rule

Georgia generally assesses taxable property at 40% of fair market value before millage and applicable exemptions. Statutory exceptions can apply.

Apply the distinction

For a stated ordinary assessment with no exemptions: $300,000 × 40% ÷ 1,000 × 25 mills = $3,000.

Contracts and funds

General concept

The form’s terms matter, as do the rules for who may prepare or complete it.

Georgia rule

Georgia does not require every transaction to use a GAR form. The authorized-form statute and the actual agreement control the licensee’s work.

Apply the distinction

Do not confuse a trade association’s form with a state-mandated contract.

General concept

An inspection contingency can provide a negotiated termination right.

Georgia rule

A Georgia due-diligence termination right comes from the contract. The deadline, permitted method, notice, and earnest-money provisions must be read; there is no universal statutory cancellation window.

Apply the distinction

A buyer who misses the agreed notice deadline cannot assume the same unrestricted termination right continues.

General concept

The contract identifies who holds the earnest money and on what terms.

Georgia rule

If a Georgia broker holds covered trust funds, the separate-account, prompt-deposit, accounting, and authorized-disbursement rules apply. A closing attorney may instead be the agreed holder.

Apply the distinction

Identify the holder and any written deposit agreement. Do not put client funds in a personal account or invent a universal deposit-day deadline.

Licensing and regulation

General concept

Legislatures enact statutes; commissions administer licensing law and adopt authorized rules.

Georgia rule

GREC investigates complaints and may impose authorized licensing sanctions. Its role is distinct from a court deciding damages or criminal guilt.

Apply the distinction

Identify whether the requested remedy is a licensing sanction, civil award, or criminal punishment.

General concept

Education requirements and deadlines vary by license and state.

Georgia rule

Georgia’s standard salesperson route includes a 75-hour approved prelicense course. A 25-hour postlicense course is due in the first year; the 36-hour renewal CE requirement is separate.

Apply the distinction

Distinguish eligibility education, first-year postlicense work, and four-year renewal education. Alternative qualifying education can apply.

General concept

Reciprocity depends on the applicant’s qualifications and the receiving state’s rules.

Georgia rule

A license earned by examination elsewhere and held in good standing may qualify for Georgia reciprocity without retesting. Qualifying Florida residents must take the Georgia supplement examination.

Apply the distinction

Check residence as well as license history, good standing, and the current application instructions.

Four distinctions to practice first

Use these to check whether you can identify the relationship, instrument, or calculation base before selecting an answer.

  1. Note versus security deed. The note promises repayment. The security deed conveys title as security. Follow the document’s function rather than the fact that both are signed at closing.
  2. Transfer tax versus intangible recording tax. One applies to the sale price after applicable exclusions, the other to qualifying secured debt. Check the base, fractions, and exemptions before multiplying.
  3. The 40% assessment ratio. For an ordinary taxable assessment, apply 40% of fair market value before millage, subject to exemptions and statutory exceptions.
  4. Client versus customer under BRRETA. The written engagement decides which duties are owed. The full BRRETA guide covers this with ten worked scenarios.

How to study this material

Read one comparison, close it, and explain the rule in your own words. Then change a fact: a written engagement becomes no engagement, a new loan becomes assumed debt, or a power-of-sale foreclosure becomes a tax sale. Explain whether the answer changes.

Check your reasoning in the 52-question Georgia practice test. For one focused topic, use BRRETA scenarios or theworked closing worksheet.

Sources and scope

The PSI July 1, 2026 bulletin, printed pages 10–12 establishes syllabus coverage, not every legal rule. The comparisons use GREC’s current rules, BRRETA statutory text reproduced by Justia, and Georgia DOR guidance on transfer tax and intangible recording tax. The linked lessons explain the relevant conditions and sources in more detail.

Related: BRRETA in depth · how to prepare for the state portion · Georgia exam math formulas

Georgia versus national questions

Facts checked against the current PSI Candidate Information Bulletin and GREC sources.

What is on the Georgia state portion of the real estate exam?

52 questions covering Georgia license law and GREC powers, BRRETA and brokerage relationships, trust accounts, Georgia contracts and the due diligence period, security deeds and closings, and Georgia-specific taxes and disclosures.

Is Georgia a title theory or lien theory state?

Georgia uses title theory for a security deed: legal title passes to the grantee as security while the borrower retains equitable rights and ordinarily possession. Georgia also recognizes mortgages, which create liens. Read which instrument the facts identify.

Does Georgia have a transfer tax?

Yes. When taxable consideration exceeds $100, it is $1 for the first $1,000 or fraction, plus 10 cents for each additional $100 or fraction. A qualifying preexisting lien not removed by the sale is excluded. Intangible recording tax is separate and applies to qualifying secured debt, subject to exemptions.

Who conducts closings in Georgia?

A licensed Georgia attorney. Georgia is an attorney-closing state, which also constrains what a licensee may say about legal effect without engaging in the unauthorized practice of law.