Title 34 — Title 34

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…

(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. History: (Acts 1995, No. 95-211, p. 341, §9.)

This article shall be known and may be cited as the “Alabama Real Estate Appraisers and Appraisal Management Company Registration and Regulation Act.” History: (Acts 1990, No. 90-639, p. 1175, §1; Act 2011-701, p. 2161, §2.)

(a) Except as provided in Section 34-27A-7, an original license as a licensed real estate appraiser shall not be issued to any person who has not demonstrated through a written examination process that he or she possesses all of the following: (1) Appropriate knowledge of technic…

(a) Certified general real property appraiser classification. As a prerequisite to taking the examination for licensure as a certified general real property appraiser, an applicant shall present evidence satisfactory to the board that he or she has successfully completed not less…

Property Appraisers. Existing appraisers who are licensed as licensed real estate appraisers (ALs) may reclassify into the registered real property appraiser classification by submitting a log of 1,000 hours. The board may select three reports for review for compliance with the U…

(a) An original certificate for any classification as a licensed real estate appraiser shall not be issued to any person who does not possess the required experience, if any, in real property appraisal supported by adequate written reports, file memoranda, or other evidence satis…

(a) Except for the initial license period, the term of a license issued under this article shall be two years expiring on September 30, 1993, and every two years thereafter. The expiration date shall appear on the license and no other notice of its expiration need be given to its…

Temporary Recognition. (a) Every applicant for licensure under this article, who is not a resident of this state, shall submit with the application an irrevocable consent that service of process to the executive director of the board as provided in Section 34-27A-7(d) (3), if, in…

(a)(1) To obtain a renewal license for any real estate appraiser classification, the holder of a current, valid license shall make application and pay the prescribed fee to the board between September 1 and September 30, and shall be delinquent after September 30. With the applic…

Address. (a) The principal place of business referred to in this article shall be located in the State of Alabama and each licensed real estate appraiser shall advise the board of the address of his or her principal place of business and all other addresses at which he or she is …

(a) A license issued under this article shall bear the signature or facsimile signature of the executive director of the board and a license number assigned by the board. (b) Each licensed real estate appraiser shall place his or her license number adjacent to or immediately belo…

(a) The term “licensed real estate appraiser” or “certified real estate appraiser” may only be used to refer to individuals who hold the license and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or…

Reinstatement. (a) As a prerequisite to renewal of a license to appraise real estate, the licensed real estate appraiser, licensed for any classification under this article, shall present evidence satisfactory to the board of having met the continuing education requirements of th…

The following terms as used in this article shall have the following meanings: (1) APPRAISAL. The act or process of developing an opinion of value of real property; an opinion of the value of real property; of or pertaining to appraising real property and related functions such a…

Proceedings; Administrative Fines. (a) The board may investigate the actions of a licensed real property appraiser on complaint or on its own motion, and may revoke or suspend the license, levy fines as provided in subsection (c), require completion of education courses, or disci…

Representation; Subpoena and Deposition Power. (a) Before suspending or revoking any license or certification, the board shall notify the appraiser in writing of any charges made at least 20 days prior to the date set for the hearing and shall afford him or her an opportunity to …

Review as to Questions of Law. (a) The hearing on the charges shall be at a time and place prescribed by the board and in accordance with this article. (b) If the board determines that a licensed real estate appraiser is guilty of a violation of this article, it shall prepare a f…