Title 34

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…

A violation or disregard of any provision of this article shall constitute a violation actionable by the commission pursuant to Section 34-27-36, as amended. (Acts 1995, No. 95-211, p. 341, §9.)

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 …

For the purposes of this chapter, the following terms shall have the following meanings: (1) ARMED SECURITY OFFICER. An individual whose principal duty is that of a security officer and who at any time wears, carries, possesses, or has access to a firearm in the performance of hi…

(a) A contract security company, at the request of a security officer in its employ, may withhold from the wages of the security officer those amounts necessary to pay for the licensure or certification fees, uniforms, or other required equipment of the security officer. (b) A re…

An armed security officer shall apply for and have his or her pistol permit issued by the sheriff of the county of his or her residence. It is a violation of this chapter for any security officer to carry a firearm in the performance of his or her duties without holding a valid l…

(a) It is unlawful for any person or entity to do any of the following: (1) Issue a shield or badge not in conformance with this chapter. Except for sworn peace officers, no person or entity shall wear or display any badge, insignia, device, shield, patch, or pattern containing w…

(a) A violation of this chapter by a security officer or an armed security officer shall be punishable by a fine of not less than seventy-five dollars ($75) nor more than five thousand dollars ($5,000) per violation and may result in the probation, revocation, or suspension of th…

Any person or entity aggrieved by any final action of the board may appeal to the Circuit Court of Montgomery County. (Act 2009-640, p. 1960, §14; Act 2013-349, p. 1248, §1.)

There is created in the State Treasury, with funds expended by the board to defray the expenses of administering this chapter, a special revenue trust fund designated as the Security Certification Fund. All receipts collected by the board under this chapter shall be deposited in …

To the extent that other states which provide for licensing and certification of any security officer, armed security officer, or contract security company provide for similar action for citizens of this state, the board may grant a license or certification to a nonresident or ou…

The following persons and entities, including affiliated entities under common control, are exempt from this chapter: (1) Any person or entity that uses the employees of the person or entity for security services. (2) Any employee who provides security services only for his or he…

(a) No governmental subdivision of this state shall enact any legislation, code, or ordinance, or adopt any rule relating to the licensing, training, or regulation of contract security companies or individuals functioning as security officers, other than for the imposition of a b…

(a) The Alabama Security Regulatory Board is created. Each member of the board shall be a citizen of the United States and a resident of this state, and the appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the rac…

(a) The board shall have the following powers: (1) In accordance with the Administrative Procedure Act, to adopt rules not in conflict with the laws of this state which are reasonable, proper, and necessary to carry out the functions of the board in the regulation of persons enga…

(a) Commencing on May 21, 2009, any security officer, armed security officer, or contract security company providing private security services in this state shall apply to the board for a license or certification. Any security officer, armed security officer, or contract security…

(a) The board may refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license or certification for any violation of this chapter or rule of the board. (b) In the event of a denial, probation, revocation, or suspension of a li…

(a) Contract security company licensees shall file certificates of insurance with the board certifying coverage. The minimum amount of coverage shall be two million dollars ($2,000,000) for bodily or personal injury and two hundred thousand dollars ($200,000) for property damage.…

(a) Within 30 days after initial employment, a security officer or armed security officer shall apply to the board for a license or certification. On or after May 21, 2009, all security officers or armed security officers not exempted under Section 34-27C-17, shall apply to the b…

(a) A person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved training with a certified trainer. Initial board approved training shall consist of a minimum of eight hours. Specific initial training requ…

Any person conducting training of security officers shall be licensed or certified as a certified trainer by the board. Any person seeking licensure or certification as a certified trainer shall pay all fees required by the board and meet all of the following qualifications: (1) …