Title 34 — Title 34

This chapter may be cited as the Alabama Real Estate License Law of 1951. History: (Acts 1951, No. 422, p. 745, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1.)

(a) The requirements of this chapter shall be in addition to the requirements of existing or future laws or ordinances of any state, county, or municipality taxing, licensing, or regulating real estate brokers or salesmen. (b) A licensee under this chapter shall not be subject to…

For the purposes of this article, the following terms shall have the following meanings: (1) ACTUAL INTRODUCTION. Either of the following: a. When the buyer, seller, landlord, or tenant has been referred to the real estate licensee by the person or entity seeking the referral fee…

(a) No licensed real estate broker shall be required to pay a referral fee or commission when reasonable cause for payment does not exist. (b) No third party shall knowingly interfere with the real estate brokerage relationship of a real estate licensee. (c) Any person aggrieved …

(a) Any person or corporation which violates any provision of this chapter commits a Class A misdemeanor and, on conviction, shall be punished accordingly. (b) Any person who files with the commission any notice, statement, or other document or information required under the prov…

(a) For purposes of Articles 1 and 2 of this chapter, the following terms have the following meanings: (1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed as a real estate broker under Articles 1 and 2 of this chapter. (3) BUYER’S AGRE…

(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…

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…

Prohibited. Amended and renumbered as §11-51-132 by Act 2008-141, p. 214, §3, effective April 10, 2008. History: (Act 2007-364, §1.)

Realtors; Restrictions on Signs. (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 …

from Fund; Procedures, Appeals, Etc.; Licensee to Report Any Legal Action Taken Against Him or Her. (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, su…

Place of Business; Branch Offices; Multiple Brokers; Fees. (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 …

License Course Requirements. (Amended by Act 2025-379) [Effective until October 1, 2028.] 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 li…

Responsibility of Qualifying Broker; Change of Broker; Termination of Qualifying Broker’s Status.- [Effective until October 1, 2028.] 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…

until October 1, 2028.] 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 …

Repealed by Act 2003-298, p. 701, § 2, effective June 18, 2003. History: (Acts 1992, No. 92-602, p. 1250, §§1, 2; Acts 1996, No. 96-791, p. 1471, §1; Act 99-425, p. 757, §1; Act 2001-310, p. 391, §1.)

(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…

Proportionate Fund. 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 R…

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. History: (Acts 1951, No. 422, p. 745, §15; Acts 1971, No. 2485, p. 3966, §15; Acts 1971,…

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…

to Provide Certain Documents at Time of Registration; Failure to Follow Rules of Advertising. 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 …

Among Business Records. 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 commissio…

Completed Copy of Contract. 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 …

Request to Cancel Contract. 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,…

Failure to Place All Funds in Escrow Account. 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 …

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. History: (Acts 1983, No. 83-670, p. 1035, §7.)

Person That Substantially Affects Rights of Other Owners. (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 faci…

Cash, Etc., Received in Escrow; Failure to Provide Liability Insurance, Etc. (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 p…

Obligation, Etc., in Contract. 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 fi…

[Effective until October 1, 2028.] 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 …

Rights of Purchasers; Sale, Etc., Without License; Bad Checks. 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 disco…

Violation Defined; Escrow Deficiency. 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 pr…

Misdemeanors; Voidability of Sales of Unregistered Plans, Etc. (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…

Filing of Additional Documents. 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 f…

Article. (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 ren…

Occupancy Tax. 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. History: (Acts 1983, No. 83-670, p. 1035, §16.)

License; Inactive Status; Change of Address. (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 ex…

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 …

Investigation; Revocation of Registration. (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 commissi…

Reinstatement; Relicensure; Board Must Be Notified of Initiation, Etc., of Legal Action. (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 salesma…

Members; Appointment; Terms; Compensation; Organization; Executive Director and Assistant Executive Director Generally; Seal; Records; Immunity from Suit. (a) There is created the Alabama Real Estate Commission. The commission shall consist of nine members appointed by the Govern…

(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…

This article shall be known and may be cited as the “Real Estate Consumer’s Agency and Disclosure Act.” History: (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…

Exceptions; Brokerage Agreements. (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 specif…

(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…