Complaint Review: Clarence Luckett Jr. d.b.a. Urbanworx Partners LLC - Atlanta Georgia

Under Georgia law, any person who (i) intends or is promised to receive “any valuable consideration” and (ii) offers, agrees or actually negotiates or attempts to negotiate, or assists in procuring prospects, for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or improvements thereon, must be a licensed Broker. The Georgia Code also lists a number of other activities that can only be performed by a licensed Broker if offered or performed with the intent of or upon the promise of receiving commission.[

Like many other professions that require a license to practice, Georgia implemented the laws surrounding Broker licensure to prevent people from falling victim to harmful business practices.[13]  The Georgia Real Estate Commission (“the Commission”) was created by the state legislature as a way of monitoring the brokers and enforcing licensure requirements.[14] In 1929, the Georgia Supreme Court discussed the reasoning behind the laws and creation of the Commission in the case Padgett v. Silver Lake Park Corp.[15] The Court explained that:

“the legislature intended . . . to create a Georgia real estate commission which would investigate each and every person applying for a license as a corporation or individual as a real estate broker or salesman, and look into the fitness . . . in respect to his character, reputation, and experience, in order to ascertain whether or not from such investigation the applicant is of good character, competent, and trustworthy, and if so, to grant him a license . . . [or if finding] to the contrary . . . deny such person a license . . . that being so, it cannot be held that these acts were intended to raise revenue merely for support of the government.”[16]

Since then, “the Court has repeatedly emphasized the statute’s purpose to ‘provide public protection through the regulation of the activities of the brokers.’”[17]

[5] O.C.G.A. § 43-40-1; O.C.G.A. § 43-40-30. Activities that can only be performed by a licensed Broker if offered or performed with the intent of or upon the promise of receiving commission, include:

(1) holding oneself out as a referral agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate;

(2) collecting rents, assessments, or other trust funds or attempting to collect rents, assessments, or other trust funds;

(3) being employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof;

(4) engaging in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both;

(5) auctioning or offering or attempting or agreeing to auction real estate;

(6) buying or offering to buy, selling or offering to sell, or otherwise dealing in options to buy real estate;

(7) performing property management services or community association management services;

(8) providing or attempting to provide to any party to a real estate transaction consulting services designed to assist the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or

(9) advertising or holding himself or herself out as engaged in any of the foregoing. O.C.G.A. § 43-40-1; O.C.G.A. § 43-40-30.

×

1 / 3

2 / 3

3 / 3

4 / 3

❮ ❯

Lt. Col. (Ret.) Clarence Luanckett, Jr. did commit certification fraud under perjury under the laws of the State of Georgia and inclusive of any affiliates (as defined by 13 CFR & 121.103). These affiliates, named above were complicit in same.

Lt. Col. (Ret.) Clarence Luckett, Jr. was presented with evidence (see attached) on March 1, 2018 of these acts of perjury and certification fraud under oath. These acts of perjury and certification fraud w.r.t. ownership of a Service Disabled Veteran Owned Business Enterprise goes to the heart of disloyalty to those who have served our country honorably and together are an example of blasphemeus patriotism in exchange for profit.

×

1 / 7

2 / 7

3 / 7

4 / 7

5 / 7

6 / 7

7 / 7

8 / 7

❮ ❯