The conveyance or transfer of the real property coupled with the continuing assumption of the tenancy, rental amount, and term of said lease shall constitute conclusive evidence of the succeeding landlord’s or tenant’s agreement to pay such periodic commission payments under the written brokerage commission agreement.
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“ NOTICE OF COMMISSION RIGHTS The undersigned licensed Georgia real estate broker does hereby publish this NOTICE OF COMMISSION RIGHTS pursuant to of the Official Code of Georgia Annotated to establish that the lease set forth below contains a written brokerage commission agreement providing for the payment or promise of payment of compensation for brokerage services. Code Section 44-7-21 Owner Landlord Tenant Lease date Lease term Project name or building Legal Description: All that tract or parcel of land lying and being in the State of Georgia, County of , being more particularly described on Exhibit ‘A’ attached hereto and made a part hereof. (A full and complete legal description is required for this form to be valid.) Given under hand and seal this day of , . Signed, sealed, and delivered in the presence of: Broker: (Seal) Unofficial Witness Name: Notary Public Georgia Real Estate (Notary Seal Attached) License No. ” (c) The real estate broker must file a release of commission rights within 30 days of receipt of the final payment of commissions due under the written brokerage commission agreement. (d) This Code section shall only apply to leaseholds of all or a portion of commercial real estate as that term is defined in which are entered into on or after July 1, 1997. Code Section 44-14-601
(e) Notwithstanding any provision of this Code section to the contrary, this Code section does not create an interest in the real property which is the subject of the lease.
History. Code 1981, § 44-7-21 , enacted by Ga. L. 1997, p. 825, § 1; Ga. L. 1999, p. 81, § 44.
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For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 244 (1997).
Structure Georgia Code
Chapter 7 - Landlord and Tenant
§ 44-7-3. Disclosure of Ownership and Agents; Effect of Failure to Comply
§ 44-7-5. When Implied Contract to Pay Rent Arises
§ 44-7-6. Tenancy at Will — Creation When No Time Period Specified
§ 44-7-7. Tenancy at Will — Notice Required for Termination
§ 44-7-8. Tenancy at Will — Right of Tenant to Emblements
§ 44-7-9. Estoppel to Dispute Landlord’s Title or Attorn to Another
§ 44-7-10. Delivery of Possession at End of Term; Summary Remedy
§ 44-7-11. Specific Rights of Tenants
§ 44-7-12. Removal of Trade Fixtures During Term; When Abandoned
§ 44-7-13. Landlord’s Duties as to Repairs and Improvements
§ 44-7-14. Tort Liability of Landlord
§ 44-7-14.1. Landlord’s Duties as to Utilities
§ 44-7-15. Effect of Destruction of Tenement on Obligation to Pay Rent
§ 44-7-16. Accrual of Interest on Rent Owed
§ 44-7-17. Exemption From Liens Against Tenant of Crops Paid as Rent
§ 44-7-18. Effect of Leases for Purposes of Prostitution or Assignation
§ 44-7-19. Restrictions on Rent Regulation by Local Governments
§ 44-7-20. Notification to Prospective Tenant of Property’s Propensity Toward Flooding
§ 44-7-21. Written Brokerage Agreement as Binding Obligation; Notice of Commission Rights Form
§ 44-7-22. Termination of a Residential Rental Agreement by a Service Member