Alabama Administrative Code

(1) Continuing education requirements do not have to be met in order for a license to be renewed on inactive status. However, in order to activate the license, the licensee shall complete the 15 clock hour continuing education requirement. (2) Licensees shall be exempt from meeti…

(1) Administrators shall take steps to ensure that all students comply with the following participation standards: (a) A student shall direct his/her attention to the instruction being provided and refrain from engaging in activities unrelated to the instruction. (b) A student sh…

(1) No administrator and no instructor shall make, or cause to be made, any statement, or representation, oral, written, or visual in connection with the operation of a school or the offering of a course, if such person knows or reasonably should know the statement or representat…

(1) All schools and instructors shall be subject to audit to ensure compliance with the Real Estate License Law and the Rules and Regulations of the Alabama Real Estate Commission. In the event of such an audit, the responsible individual shall make available to the authorized re…

(1) The Commission may take disciplinary action against an instructor, an administrator or a school in accordance with § 34-27-6 for violation of any of the following: (a) Is a party to any falsification of any document or other information provided to the Commission. (b) Publish…

(1) Applicants for a reciprocal license shall have a current license in a qualifying state either on active or inactive status which is not a reciprocal or nonresident license. A qualifying state is one in which the applicant completed prelicense course work and passed a comprehe…

Courses shall be conducted in a facility that provides an appropriate learning environment. At a minimum, the classroom shall: (1) be of sufficient size to accommodate comfortably all enrolled students; (2) be adequately equipped with student desks, worktables with chairs or othe…

(1) Any person desiring to propose that the Alabama Real Estate Commission adopt, amend, or repeal any rule may petition for such a rule change on a form made available upon request by the Commission. (2) The Commission shall consider any petition submitted under this Rule and sh…

Distance education courses are programs whereby instruction does not take place in a traditional classroom setting but rather where teacher and student are apart and instruction takes place through other media. Distance education courses include but are not limited to those which…

The Commission shall not contract with a lobbyist, person, corporation, partnership, or association for the purpose of promoting or opposing the introduction or enactment of legislation before the Legislature, or a legislative committee or the members thereof, or promoting or opp…

(1) Prohibited Acts. No person may, except with the written permission of the Commission, use the seal of the Commission, the logo of the Commission, or any colorable imitation of such words, seal, or logo in connection with any merchandise, impersonation, solicitation, commercia…

The following items shall be required for documentation of licensing requirements: (1) All applicants shall be at least 19 years of age as evidenced by a copy of a valid driver's license, U. S. passport, birth certificate or any other documentation acceptable to the Alabama Real …

(1) Should any applicant for a real estate broker's or salesperson's license falsely answer any questions on his/her examination application, request for determination of licensing eligibility, or license application or misrepresent any facts relating to those applications, said …

(1) A person shall be required to have a temporary salesperson license issued prior to beginning a post license course to earn post license credit. The license holder shall provide the temporary license number to the instructor before he/she will be allowed to begin the post lice…

(1) A qualifying broker doing business in the name of a corporation or partnership and who also desires to do business as a sole proprietorship or for another corporation or partnership located at the same address must obtain and submit to the Commission a letter of consent from …

An application for temporary salesperson, original salesperson, broker, reciprocal license or license renewal shall include the full legal name of the applicant. If the applicant, in licensed real estate activities, uses or desires to use any name other than their full legal name…

Notes Ala. Admin. Code r. 790-X-2-.06 Filed September 30, 1982. Amended: Filed November 21, 1983. Repealed: Filed August 27, 2012; effective October 1, 2012. Author: Statutory Authority: Code of Ala. 1975, §§ 34-27-8, 34-27-32.

A place of business shall be identified by a sign which sets out the name of the company as licensed with the commission. In places where an exterior sign is permitted a sign shall be posted outside of the office so that it is plainly and readily visible to the public. In places …

(Repealed). Notes Ala. Admin. Code r. 790-X-2-.08 Filed September 30, 1982. Repealed: Filed August 15, 1985.

(Repealed). Notes Ala. Admin. Code r. 790-X-2-.09 Filed September 30, 1982. Repealed: Filed August 15, 1985.

(Repealed). Notes Ala. Admin. Code r. 790-X-2-.10 Filed September 30, 1982. Repealed: Filed August 15, 1985.

(Repealed). Notes Ala. Admin. Code r. 790-X-2-.11 Filed September 30, 1982. Repealed: Filed August 15, 1985.

(Repealed). Notes Ala. Admin. Code r. 790-X-2-.12 Filed September 30, 1982. Amended: Filed November 21, 1983. Repealed: Filed August 15, 1985.

A total of 15 clock hours of approved continuing education coursework shall be completed to activate an inactive license when the license is activated for the first time in a license period. An additional 15 hours of approved continuing education coursework shall be completed to …

Notes Ala. Admin. Code r. 790-X-2-.14 Filed June 19, 1989. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018. Author: Charles R. Sowell Statutory Authority: Code of Ala. 1975, § 34-27-8, 34-27-34.

A corporation, partnership or individually owned company may withdraw consent for a broker or salesman to continue doing business in its name by notifying the Commission and the broker or salesman in writing and returning to the Commission the license of the broker or salesman fo…

(1) If for any reason a licensee fails to receive a renewal form, it shall be the responsibility of the licensee to notify the Commission of this failure by August 10 of the renewal period. (2) Only the renewal of a license shall be effected with a renewal form. Any changes const…

Notes Ala. Admin. Code r. 790-X-2-.17 Filed September 30, 1982. Amended: Filed August 25, 2006; effective September 28, 2006. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018. Author: Alabama Real Estate Commission Statuto…

Pursuant to Code of Ala. 1975, §§ 40-12-340 through 352, a business or occupations license exemption of $25.00 for each, the state, county and municipality, with no deadline, is provided for any permanent resident of Alabama who is a veteran and who has physical disabilities of t…

A person may hold a vacation timesharing seller's license and a real estate license under separate qualifying brokers at separate locations provided that, in addition to meeting all other requirements for licensure, the licensee obtains written consent to hold both licenses on a …

Any licensee whose original license is issued on inactive status shall not be required to pay a real estate recovery fund fee for that license until such time as the license is activated. For such a license to be activated, the initial recovery fund fee and any supplemental recov…

(Repealed). Author: Mary L. Goodwin Notes Ala. Admin. Code r. 790-X-2-.21 Filed August 15, 1985. Repealed: Filed August 25, 2006; effective September 28, 2006. Statutory Authority: Code of Ala. 1975, §§ 34-27-8, 34-27-34, 34-27-35.

(Repealed). Author: Alabama Real Estate Commission Notes Ala. Admin. Code r. 790-X-2-.22 New Rule: Filed August 25, 1993; effective September 29, 1993. Amended: Filed March 15, 1996; effective April 19, 1996. Amended: Filed June 29, 1998; effective August 3, 1998. Amended: Filed …

(Repealed). Author: Alabama Real Estate Commission Notes Ala. Admin. Code r. 790-X-2-.23 Amended: Filed June 29, 1998; effective August 3, 1998. Amended: Filed May 31, 2002; effective July 5, 2002. Repealed: Filed August 31, 2004; effective October 5, 2004. Statutory Authority: C…

(1) When a real estate company maintains an office at a residential subdivision or development this office shall not be considered a branch office, and shall not be required to have a branch office license, provided all the following conditions shall be met: (a) The company shall…

(1) When a real estate company maintains an on-site office in a condominium building or complex, this office shall not be considered a branch office, and shall not be required to have a branch office license, provided all the following conditions shall be met: (a) Licensed person…

Pursuant to Code of Ala. 1975, § 31-12A-4, all licensees who are current military and are deployed at the time of license renewal may, upon providing a copy of their deployment papers, have their license renewal deferred and their CE waived for the period of the deployment. After…

It shall be a violation for any licensee to change the address of his place of business as set out on his numbered license certificate and fail to notify the Commission in writing within thirty (30) days after such change has been made. Such notification shall include both the ol…

The Commission may charge a fee for a check, draft or other negotiable instrument returned to the Commission unpaid up to the maximum amount allowed by § 8-8-15 Code of Ala. 1975. Notes Ala. Admin. Code r. 790-X-3-.02 Filed September 30, 1982. Amended: Filed November 21, 1983. Re…

(1) The deposit and accounting for at all times of all funds belonging to or being held for others in a separate federally insured account or accounts in a financial institution located in Alabama shall require that the qualifying broker be a customer of the financial institution…

(1) A licensee, in a single-family residential sales transaction, must furnish to his/her client, consumer, or customer a complete estimated closing statement each time the licensee presents a written offer or counteroffer to the client, consumer, or customer or each time the lic…

Listing contracts shall contain no provision for automatic extensions. Notes Ala. Admin. Code r. 790-X-3-.05 Filed September 30, 1982. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018. Author: Alabama Real Estate Commission…

The investigator to whom a particular matter is assigned, in consultation with the Attorney General or his representative and the Executive Director, shall determine whether probable cause exists regarding that matter for filing a formal complaint and/or holding a hearing for the…

(1) If a formal complaint is filed against a licensee, the Commission may proceed to hold a hearing on the matter of the complaint at its discretion if the party or parties initiating the complaint and the party or parties against whom the complaint was made reach a settlement an…

Notes Ala. Admin. Code r. 790-X-3-.08 Filed November 21, 1983. Amended: Filed August 27, 1986. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/11/2018. Author: Statutory Authority: Code of Ala. 1975, § 34-27-8.

(1) The staff of the Alabama Real Estate Commission is authorized to make an inspection of any licensed real estate company to ensure that such company is in compliance with the Real Estate License Law and the Rules and Regulations of the Commission. (2) In the event of an office…

(1) The Commission staff may, in response to a complaint from an outside party or upon its own initiative, develop a Formal Complaint charging a licensee or timeshare seller with any violation of Code of Ala. 1975, Chapter 27 of Title 34, or a Commission Rule or Regulation where …

(1) All hearings on contested cases before the Alabama Real Estate Commission shall be conducted by a hearing officer appointed by the Commission. (2) The hearing officer shall have the authority to do all things necessary to ensure that such hearings are conducted in accordance …

(Repealed). Author: Members, Alabama Real Estate Commission Notes Ala. Admin. Code r. 790-X-3-.12 Filed February 10, 1992. Amended: Filed August 7, 1992. Repealed: Filed August 23, 1996; effective September 27, 1996 Statutory Authority: Code of Ala. 1975, § 34-27-8.

(1) The Real Estate Consumers Agency and Disclosure Act (RECAD) requires the Alabama Real Estate Commission to write a Real Estate Brokerage Services Disclosure form which describes the alternative types of brokerage services available to consumers in Alabama transactions. The us…