Code of Alabama

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34-27-32
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 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 salesperson in a manner that safeguards the interest of the public.
(2) Is a person whose application for real estate licensure has not been rejected in any state
on any grounds other than failure to pass a written examination within the two years prior
to the application for real estate licensure with Alabama. If the applicant's rejection for
real estate licensure in any state is more than two years from the date of application for
licensure with Alabama, then the applicant may not be issued an Alabama real estate license
without the approval of the commissioners. (3) Is a person whose real estate license...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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34-27-2
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 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) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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34-27-66
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 the commission
shall designate and shall pass to the satisfaction of the commission the examination hereinafter
prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination are as
follows: (1) Evidence satisfactory to the commission that the applicant bears a good reputation
for honesty and truthfulness. (2) The applicant should not have been convicted of any criminal
offense involving moral turpitude or of any felony in this or any other state. (3) The applicant
shall be at least 19 years of age. (4) The applicant shall be a citizen of the United States
or, if not a citizen of the United States, a person who is legally present in the United States
with appropriate documentation from the federal...
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34-27-35
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 of the broker. The license certificate of each active salesperson
or associate broker shall show his or her name and address. The license certificate of each
active salesperson or associate broker shall be delivered or mailed to his or her qualifying
broker. Each license certificate shall be kept by the qualifying broker and shall be publicly
displayed at the address which appears on the license certificate. (b) The commission may
establish a one-year or multi-year license period. (c)(1) The fee for a temporary license
shall be one hundred fifty dollars ($150). The original fee for a broker's license shall be
one hundred fifty dollars ($150) and, beginning with the license period effective October
1, 2002, the renewal fee for a broker's license shall be seventy-five...
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34-27-34
A fee of twenty-five dollars ($25) shall also be charged for any of the following license changes:
(1) Change of qualifying broker by a company or sole proprietorship. The fee is paid for the
license or licenses on which the current and new qualifying brokers' names appear. In cases
where a company has a branch office or offices and the main office qualifying broker is changed,
the fee is paid for each branch office license and for the license of each branch qualifying
broker. (2) Change of personal name of a qualifying broker. The fee is paid for the
license or licenses on which the current qualifying broker's name appears. (3) Change of personal
name of a salesperson or associate broker. The fee is paid for the license on which the name
appears. (4) Change of business location. The fee is paid for the license or licenses on which
the address appears. (5) Change of business name. The fee is paid for the license or licenses
on which the name appears. (6) Change of status from inactive...
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34-27-69
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 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, which bond shall
provide that the obligor therein will pay up to $5,000 or $10,000, respectively, the aggregate
sum of all judgments which may be recovered against such licensee for actual loss or damage
arising from his or her activities conducted under this article. Said bond shall be filed
with the Alabama Real Estate Commission prior to the issuance of such license. A new bond
or a renewal or continuation of the original bond shall be required for each licensing period.
If a continuous bond is filed with the commission prior to the...
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34-27-7
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 of the Senate as hereinafter provided. The Governor's appointments to the commission,
except for the appointment of the consumer member made pursuant to subsection (e), shall be
made from a list of three persons nominated by the governing body of the Alabama Professional
Real Estate Society or trade association which has the largest licensee membership, as evidenced
by the filing of a verified list of paid members with the Secretary of State within 10 days
of April 6, and annually by December 31 of each year thereafter. At least one of the persons
nominated for each commission seat shall not be a...
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34-27-36
limited liability corporation, for the purpose of receiving payments contemplated in this subsection.
The business organization shall not be required to be licensed under this chapter, and shall
not engage in any other activity requiring a real estate license. (12) Paying or receiving
any rebate from any person in a real estate transaction. (13) Inducing any party to a contract
to break the contract for the purpose of substituting a new contract, where the substitution
is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson
or associate broker, accepting a commission or other valuable consideration for performing
any act for which a license is required from any person except his or her qualifying broker.
(15) If a qualifying broker or company, allowing a salesperson or associate broker licensed
under him or her to advertise himself or herself as a real estate agent without the name or
trade name of the qualifying broker or company appearing...
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34-4-21
for a license as an apprentice auctioneer shall be 18 years of age or over and shall be a citizen
of the United States or legally present in this state. Each applicant for an auctioneer's
license shall: (1) have completed a prescribed course of study at an accredited auctioneering
school approved by the board; (2) have served one year as an apprentice auctioneer under a
licensed auctioneer in this state; (3) have been the principal auctioneer in at least five
auctions of either real or personal property during this period of time; and (4) furnish
satisfactory proof of these requirements to the board. An application shall also be accompanied
by a recommendation of an employing auctioneer. If an applicant has not completed a course
of study at an accredited auctioneering school, then he or she shall be required to serve
two years as an apprentice under a licensed auctioneer, and shall have been the principal
auctioneer in at least 10 auctions of real or personal property. (c) Any...
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