Title 34

(a)(1) Co-brokerage agreements between a licensed principal broker of another state and licensed qualifying broker of this state are governed by this section. (2) A licensed principal broker of another state may act as co-broker in a sale or lease transaction with a licensed qual…

All fees, fines, charges, or other money, except as provided in Section 34-27-31, and except as provided in this section for multi-year licenses, collected by the commission shall be deposited in the State Treasury to the credit of the Real Estate Commission Revenue Fund and shal…

The commission shall on the request of the probate judge of any county of this state provide the judge with a list of persons who are licensed by the commission and who reside in that county. (Acts 1951, No. 422, p. 745, §15; Acts 1971, No. 2485, p. 3966, §15; Acts 1971, 3rd Ex. …

AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE. (a) For purposes of this section and rules adopted pursuant thereto, the following terms shall have the following meanings: (1) ADMINISTRATOR. A person designated by a principal school or branch sch…

(a) There is created the Alabama Real Estate Commission. The commission shall consist of nine members appointed by the Governor with the advice and consent of the Senate as hereinafter provided. The Governor’s appointments to the commission, except for the appointment of the cons…

(a) A majority of the commission members shall constitute a quorum for the conduct of commission business. The commission may adopt and enforce all rules pursuant to the Alabama Administrative Procedure Act necessary for the administration of this chapter, and to otherwise do all…

(a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the licensing of real estate brokers and salespersons includes the power to prohibit unqualified persons from being licensed as a real estate broker or salesperson. (2) A primary g…

It shall be unlawful for any person, sole proprietorship, partnership, corporation, branch office, or lawfully constituted business organization, as the Legislature may from time to time provide, for a fee, commission, or other valuable consideration, or with the intention or exp…

(a) The rights of real estate licensees shall include the right to advertise real property for sale, lease, or transfer by other conveyance using signs affixed to or located on the real property. A municipal corporation or a political subdivision of the state may not impose any f…

(a) The commission shall establish and maintain a Recovery Fund from which an aggrieved party may recover actual or compensatory damages, not including interest and court costs, sustained only within the State of Alabama as a result of conduct of a broker or salesperson in violat…

(a) A license for a broker or a salesperson shall be registered to a specific real estate office and shall be issued only to, and held only by, a person who meets all of the following requirements: (1) Is trustworthy and competent to transact the business of a broker or salespers…

AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE. (a)(1) In addition to other requirements of this chapter, every applicant for a broker’s or salesperson’s license shall submit to a reasonable written examination. The commission shall conduct exami…

AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE. (a)(1) A broker may serve as qualifying broker for a salesperson or associate broker only if licensed in Alabama, his or her principal business is that of a real estate broker, and he or she shall b…

AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The commission shall prescribe the form and content of license certificates issued. Each qualifying broker’s license certificate shall show the name and business address of the broker. The licen…

(a)(1) The commission or its staff, on its own or on the verified complaint in writing of any person, may investigate the actions and records of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and the production of records and documents during…

(a) An action against an accused shall begin by serving the accused either personally or by certified mail with a copy of the formal complaint against him or her. The accused shall be given at least 15 days’ notice of the time, date, and place of hearing. If the commission refuse…

(a) Findings of the commission are final unless within 30 days after the date of the commission’s final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a c…

(a) A licensee who acts as a member of a team, or holds himself or herself or to be a member of a team, shall be subject to this section. (b) The leader of any team shall be designated as team leader with the qualifying broker. The qualifying broker may not delegate to the team l…

For the purposes of this article, the following terms shall have the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private or commercial structure designe…

It shall be a violation of this article for any seller of vacation time-sharing plans to: (1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions unless the seller has been duly licensed under the provisions of Section 34-27-66 and unless t…

It shall be a violation of this article for any owner or business entity offering vacation time-sharing plans for sale to the public to fail to keep among its business records the following: (1) A copy of each item required to be submitted to the commission under Section 34-27-51…

It shall be a violation of this article for the seller of a vacation time-sharing plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining to such sale at the time of its execution which shall include: (1) The actual date the contract is …

It shall be a violation of this article for the seller of vacation time-sharing plans, or his or her assignees, to fail or refuse to honor a buyer’s request to cancel a contract as provided by Section 34-27-53 if such request is made; provided however, nothing contained in this s…

It shall be a violation of this article for a seller of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer under the contract and return any negotiable instrument, other than checks, executed by the buyer in connection with the contract or s…

It shall be a violation of this article for any seller of vacation time-sharing plans, or his or her assignees, to misrepresent in any manner the buyer’s right to cancel provided by this article. (Acts 1983, No. 83-670, p. 1035, §7.)

(a) It shall be a violation of this article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise transfer the seller’s interest in the vacation time-sharing plan or the accommodations or facilities to a third party when such a sale, lease, assignment…

(a) It shall be a violation of this article for a seller of vacation time-sharing lease plans to fail to: (1) Place in escrow 50 percent of the cash and receivables received from the purchasers of such plans, such receivables to be assessed at net principal value. a. The purpose …

It shall be a violation of this section for any seller of vacation time-sharing plans to fail to fully disclose in the contract in boldface type of a size no smaller than any other type used in the body of the contract to purchaser: (1) The total financial obligation of the purch…

It shall be a violation of this article for any seller of vacation time-sharing plans to: (1) Use any promotional device, including but not limited to sweepstakes, lodging certificates, gift awards, premiums, or discounts, without fully disclosing that such promotional devices ar…

The commission may upon its own motion, or upon the verified complaint in writing of any person, hold a hearing regarding an alleged violation by any person or business entity of this article. Any person found guilty of having violated any provision of this article or any rule, r…

(a) The Alabama Real Estate Commission shall be responsible for the enforcement and implementation of this article, and the Attorney General of the State of Alabama, or the district attorney of any county of the State of Alabama upon request by the commission, shall assist the co…

If a seller files with the commission any vacation time-sharing plan or any amendment thereto which describes or concerns time-sharing units, accommodations, or facilities not substantially completed, the seller shall file with the commission the following: (1) A notarized statem…

(a) For the registration of all vacation time-sharing plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee …

The proceeds from the sale or resale of any vacation time-sharing lease plan shall be exempt from the Transient Occupancy Tax imposed by Section 40-26-1. (Acts 1983, No. 83-670, p. 1035, §16.)

(a) Any person desiring to act as a seller of vacation time-sharing plans shall file with the commission a written application upon such form as the commission shall designate and shall pass to the satisfaction of the commission the examination hereinafter prescribed. (b) Prerequ…

Every vacation time-sharing plan for sale or offered for sale in this state shall be registered with the Alabama Real Estate Commission as follows: (1) Upon receipt of an application for registration in the required form, the commission shall forthwith initiate an examination to …

(a) If it appears that a person, firm, corporation, or any business entity has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this article or rule or order of the commission, the commission, through the Attorney General, may insti…

(a) Every applicant for a license under this article, either original or renewal, shall furnish a surety bond payable to the State of Alabama in the amount of $5,000 if a time-sharing salesman or $10,000 if a broker, with a surety company authorized to do business in Alabama, whi…

This article shall be known and may be cited as the “Real Estate Consumer’s Agency and Disclosure Act.” (Acts 1995, No. 95-211, p. 341, §1.)

As used in this article, the following words have the following meanings: (1) AGENCY AGREEMENT. A written brokerage agreement between a company and a consumer which creates a fiduciary relationship between the company’s qualifying broker, including any licensees designated by the…

(a) When engaged in any real estate transaction, the licensee may act as a single agent, dual agent, or as a transaction facilitator. (b) At the initial contact between a licensee and the consumer and until such time a broker enters into a specific written agreement to establish …

(a) Any qualifying broker acting in a real estate transaction shall adopt a written agency disclosure office policy that specifically enumerates the types of brokerage services a licensee may offer or accept. (b) The qualifying broker for each real estate company shall provide ev…

(a) Licensees shall have all of the following obligations to all parties in a real estate transaction: (1) To provide brokerage services to all parties to the transaction honestly and in good faith. (2) To exercise reasonable skill and care in providing brokerage services to all …

(a) In addition to the duties enumerated in Section 34-27-84, a licensee shall provide all of the following services to clients: (1) Loyally represent the best interests of the client by placing the interests of the client ahead of the interests of any other party, unless loyalty…

(a) A client is not liable for a misrepresentation made by a licensee in connection with the licensee providing brokerage services unless the client knows or should have known of the misrepresentation or the licensee is repeating a misrepresentation made by the client to the lice…

The duties of licensees as specified in this article or in rules promulgated by the Alabama Real Estate Commission shall supersede any duties of a licensee to a party to a real estate transaction which are based upon common law principles of agency to the extent that those common…