We found no Georgia rule against a real-estate agent acting as the mortgage loan originator on the same purchase. The mortgage licensing law contains no prohibition, and the real-estate license law asks for the express written consent of all parties when a licensee acts for more than one.
What Georgia requires
- Obtain the express written consent of all parties to the transaction before acting for more than one of them, as the Georgia real-estate license law requires.
- Route the real-estate commission through the broker, as the same law requires.
- Hold an active Georgia MLO license sponsored by a licensed mortgage company.
What the rule says
O.C.G.A. § 7-1-1013: Georgia Residential Mortgage Act, prohibited acts. The prohibited-acts section of the Georgia Residential Mortgage Act, read in full on October 15, 2026. No item concerns a real-estate licensee acting as the loan originator.
Acting for more than one party in a transaction without the express written consent of all parties to the transaction
Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.