Code of Alabama - Title 34: Professions and Businesses - Chapter 27 - Real Estate Brokers
- Article 1 General Provisions.
- Section 34-27-1 Short title
This chapter may be cited as the Alabama Real Estate License Law of 1951.
- Section 34-27-2 Definitions; exemptions from chapter
(a) For purposes of Articles 1 and 2 of this chapter, the following terms shall have the respective meanings ascribed by this section: (1) ASSOCIATE...
- Section 34-27-3 Nonresident may not act except in cooperation with licensed broker of state; written co-brokerage agreement to be filed
(a) A licensed broker of another state may act as co-broker with a licensed broker of this state by executing a written agreement specifying each...
- Section 34-27-4 Real Estate Commission Revenue Fund and Real Estate Commission 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...
- Section 34-27-5 County list of licensees
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...
- Section 34-27-6 Real estate courses and schools
(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...
- Section 34-27-7 Real Estate Commission - Created; composition; qualifications of 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 Governor with the advice and consent...
- Section 34-27-8 Real Estate Commission - Quorum; rules and regulations; agency disclosure clause
(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...
- Section 34-27-8.1 Real Estate Commission - Legislative findings; rulemaking authority
(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...
- Section 34-27-10 Chapter cumulative
(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...
- Section 34-27-11 Penalties
(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)...
- Article 2 Licenses.
- Section 34-27-30 Required
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...
- Section 34-27-30.1 License requirement or tax on certain real estate companies prohibited
Amended and renumbered as §11-51-132 by Act 2008-141, p. 214, §3, effective April 10, 2008.
- Section 34-27-30.2 Fees prohibited on signs advertising real property for sale by 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...
- Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery 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...
- Section 34-27-32 Requirements for license; application; 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...
- Section 34-27-33 Examinations; temporary and original salesperson licenses; post license course requirements
(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...
- Section 34-27-34 Who may serve as qualifying broker; responsibility of qualifying broker; change of broker; termination of qualifying broker's status
(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...
- Section 34-27-35 License certificates generally
(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...
- Section 34-27-35.1 Errors and omissions insurance
Repealed by Act 2003-298, p. 701, § 2, effective June 18, 2003.
- Section 34-27-36 Disciplinary action - Generally
(a) The commission or its staff may on its own, or on the verified complaint in writing of any person, investigate the actions and records...
- Section 34-27-37 Disciplinary action - Procedure in action
(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...
- Section 34-27-38 Disciplinary action - Appeals
(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...
- Article 3 Vacation Time-sharing Plans.
- Section 34-27-50 Definitions
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...
- Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license; failure 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...
- Section 34-27-52 Acts constituting violation of article - Failure to keep certain items 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...
- Section 34-27-53 Acts constituting violation of article - Failure to utilize, etc., fully 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...
- Section 34-27-54 Acts constituting violation of article - Failure, etc., to honor buyer's 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...
- Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; 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...
- Section 34-27-56 Acts constituting violation of article - Misrepresentation
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...
- Section 34-27-57 Acts constituting violation of article - Sell, etc., interest in plan to third 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...
- Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent of 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...
- Section 34-27-59 Acts constituting violation of article - Failure to disclose total financial 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...
- Section 34-27-60 Acts constituting violation of article - Misrepresentation; waiver of 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...
- Section 34-27-61 Hearing; refusal, suspension, or revocation of license; willful 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...
- Section 34-27-62 Enforcement and implementation of article; acts constituting 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...
- Section 34-27-63 Filing of plan relating to units not substantially completed requires 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...
- Section 34-27-64 Registration fees; assessment of costs of investigating violation of 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...
- Section 34-27-65 Proceeds from sale, etc., of lease plan exempt from Transient 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.
- Section 34-27-66 Examination and license requirements; issuance and renewal of 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...
- Section 34-27-67 Registration required of every plan offered for sale
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)...
- Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; 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...
- Section 34-27-69 Surety bond; suspension, etc., of license for violation of article; 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...
- Article 4 Real Estate Consumer's Agency and Disclosure Act.
- Article 5 Interference with a Real Estate Relationship.
- Section 34-27-100 Definitions
For the purposes of this article, the following terms shall have the following meanings: (1) ACTUAL INTRODUCTION. a. When the buyer, seller, landlord, or tenant...
- Section 34-27-101 Violations; damages
(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)...
Last modified: May 3, 2021