Georgia vs National: Every Rule the State Portion Tests Differently
The 52 Georgia questions are where national-only prep leaks points. Georgia is a title theory state that secures loans with a security deed, closes with attorneys instead of escrow companies, charges a transfer tax of $1 per $1,000 plus an intangible recording tax on loans, runs non-judicial foreclosures with no statutory redemption period, and layers BRRETA over the standard agency model. This page lists every difference the exam actually tests.
Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2026. Editorial standards.
Why this page exists
52 of 152 scored questions come from the Georgia supplement. Every row below is a place where answering from national instinct produces a confident wrong answer.
18 differences, grouped into 6 areas. Read the middle column first. It is the one you are here for.
Agency and brokerage
National default
Agency is created by agreement, and duties follow from the agency relationship.
Georgia rule
BRRETA governs brokerage relationships. A client has a written brokerage engagement; a customer does not.
How the exam tests it
Scenario stems that hand you an unrepresented buyer and ask which duties are owed. The answer turns on whether an engagement exists.
National default
A buyer working with an agent is generally treated as a principal.
Georgia rule
Without a written engagement the buyer is a customer, owed honesty and material-fact disclosure only.
How the exam tests it
The trap is answering with full fiduciary duties for someone who never signed anything.
National default
Dual agency is prohibited in some states and permitted in others.
Georgia rule
Dual agency is permitted with written informed consent from all clients. Designated agency is also available.
How the exam tests it
Questions ask what makes dual agency lawful. Consent must be written, and it must be informed.
National default
The broker holds the agency relationship; salespeople work under that licence.
Georgia rule
The broker is the party to the engagement, and designated agents within one firm may represent opposing clients.
How the exam tests it
Who owes what to whom when two agents in the same firm work opposite sides.
Security instruments and title
National default
Lien theory: the borrower keeps title and the lender takes a lien.
Georgia rule
Georgia is a title theory state. Legal title passes to the lender until the debt is paid.
How the exam tests it
Direct recall, and scenario questions about who holds title during the loan term.
National default
A mortgage is the usual security instrument.
Georgia rule
Georgia secures loans with a security deed, sometimes called a deed to secure debt.
How the exam tests it
Answer options mix mortgage, deed of trust, and security deed. Only one is the Georgia instrument.
National default
Judicial foreclosure with a statutory redemption period is common.
Georgia rule
Non-judicial foreclosure under a power of sale, with no statutory right of redemption after the sale.
How the exam tests it
Questions ask how long the borrower has to redeem after sale. In Georgia the answer is that no statutory redemption exists.
Closings
National default
Escrow or title companies commonly conduct the closing.
Georgia rule
Georgia is an attorney-closing state. A licensed Georgia attorney must conduct the closing.
How the exam tests it
Who may legally close the transaction, and what an agent may not do without practising law.
National default
Agents routinely explain contract terms to the parties.
Georgia rule
Explaining legal effect crosses into the unauthorised practice of law; agents fill in blanks on approved forms.
How the exam tests it
Scenario questions about what an agent may say when a party asks what a clause means.
Taxes
National default
Transfer taxes vary; many states have none.
Georgia rule
A transfer tax of $1.00 per $1,000 of consideration applies to the sale price.
How the exam tests it
Straight computation. Divide the price by 1,000 and multiply by one dollar.
National default
Recording fees are usually flat.
Georgia rule
An intangible recording tax applies to the loan amount, separately from the transfer tax.
How the exam tests it
The favourite trap: a stem gives both a sale price and a loan amount, and the wrong answer applies the wrong tax to the wrong number.
National default
Property tax is assessed on full market value in many states.
Georgia rule
Property is assessed at 40% of fair market value before the millage rate is applied.
How the exam tests it
Multi-step math. Miss the 40% ratio and every downstream figure is wrong.
Contracts and forms
National default
Contract forms vary by state and by brokerage.
Georgia rule
GAR forms are the widely used standard, and they are not promulgated by the state.
How the exam tests it
Which forms an agent may use, and who is responsible for their content.
National default
Inspection contingencies vary in structure.
Georgia rule
The due diligence period lets the buyer terminate for any reason within a negotiated window.
How the exam tests it
What happens to earnest money when a buyer terminates inside versus outside the due diligence period.
National default
Earnest money is held by an escrow agent under state rules.
Georgia rule
Earnest money goes into the broker's trust account, with GREC rules governing timing and record-keeping.
How the exam tests it
Deadlines for deposit and the consequences of commingling.
Licensing and regulation
National default
A state commission regulates licensees and sets licence law.
Georgia rule
GREC regulates licensees, and its investigative and sanctioning powers are directly tested.
How the exam tests it
What GREC may do, what a licensee must report, and within what timeframe.
National default
Pre-license education requirements range widely by state.
Georgia rule
75 hours of approved pre-license education, then a 25-hour post-license course in the first year.
How the exam tests it
Recall, and scenarios about what happens if the post-license course is missed.
National default
Reciprocity varies and often requires a full state exam.
Georgia rule
Georgia offers reciprocity with most states. Florida licensees must pass the Georgia supplement exam.
How the exam tests it
Which candidates must sit which exam.
The four that cost the most points
If you only have an evening, these are the differences that show up most often and cost the most when missed.
Security deed, not mortgage. Georgia is a title theory state. Answer options routinely include mortgage, deed of trust, and security deed, and only one is the Georgia instrument.
Transfer tax versus intangible recording tax. One applies to the sale price, the other to the loan. A stem that gives you both numbers is testing exactly this.
The 40% assessment ratio. Georgia assesses property at 40% of fair market value before millage. Miss the ratio and every subsequent figure is wrong.
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
Do not memorise the table. Memorising twenty rows produces recognition, and the exam tests application through scenarios where the Georgia rule is buried in a fact pattern.
Instead, for each row, ask what a national-trained candidate would answer and why it is wrong in Georgia. That framing is how the questions are actually built, and it is the difference between recognising a rule and applying it under time pressure.
Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2026. Editorial standards.
What is on the Georgia state portion of the real estate exam?
52 questions covering Georgia licence 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?
Title theory. Legal title passes to the lender until the debt is repaid, and loans are secured with a security deed rather than a mortgage.
Does Georgia have a transfer tax?
Yes, at $1.00 per $1,000 of consideration on the sale price. It is distinct from the intangible recording tax, which applies to the loan amount. And the exam routinely presents both in one stem to see whether you apply the right tax to the right number.
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 unauthorised practice of law.