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34-27-50
contract, promissory note, credit agreement, negotiable instrument, lease, use agreement, license,
security, or other muniment conferring on the purchaser the rights, benefits, and obligations
of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission. (5) COMMISSIONER.
A member of the Alabama Real Estate Commission. (6) FACILITIES. Any structure, service, or
property whether improved or unimproved made available to the purchaser for recreational,
social, family, or personal use. (7) SELLER. Any owner of a vacation time-sharing plan
or any business entity, including but not limited to an agent, dealer, distributor, franchiser,
subsidiary, assignee, reseller, broker, or any other representative thereof who, for a fee,
commission, or other valuable consideration, negotiates or attempts to negotiate the listing,
sale, auction, purchase, exchange, or lease of any real estate or the improvements thereon
or collects rents or attempts to collect rents, or who...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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34-27-33
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
commission shall conduct examinations at places and times it prescribes. The commission may
contract with an independent testing agency to prepare, grade, or conduct the examination.
(2) Effective October 1, 2001, and thereafter, the fee for each examination and the provisions
for payment and forfeiture shall be as specified in the contract with the independent testing
agency. (b) Within 90 days after passing the examination, the applicant shall secure a qualifying
broker and meet all requirements of this chapter and the board shall issue an active license
or classify the license as inactive. In order to obtain an active license, the applicant's
qualifying broker shall sign and submit to the commission a sworn...
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34-27-100
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 has been referred to the real estate licensee by the person or entity seeking the
referral fee prior to the time the customer has executed a real estate brokerage services
disclosure form or waived execution in writing or the customer has executed a buyer's agency
agreement, property listing agreement, or a transaction brokerage agreement; or b. For real
estate transactions in which the law of this state does not require the presentation of a
real estate brokerage services disclosure form, when the buyer, seller, landlord, or tenant
has been referred to the real estate licensee by the person or entity seeking the referral
fee prior to any contact between the buyer, seller, landlord, or tenant and the real estate
licensee during which their real estate business has been discussed. (2) INTERFERENCE...
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34-27-60
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 to sweepstakes, lodging certificates, gift awards, premiums, or discounts,
without fully disclosing that such promotional devices are being used for the purpose of soliciting
the sale of vacation time-sharing plans and without fully disclosing the fair market value
of each award or prize offered and the approximate odds of receiving each award or prize offered.
(2) Use any promotional device as set forth above to obtain the names and addresses of prospective
purchasers without fully and prominently disclosing that names and addresses so acquired will
be used for the purpose of soliciting the sale of the vacation time-sharing plans. (3) Misrepresent
the amount of time or period of time the...
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8-19A-8
Section 8-19A-8 Display of license required; penalty for failure to display license. (a) The
division shall issue to each approved applicant a license in the form and size as is prescribed
by the division and, in the case of a commercial telephone seller, shall issue a license for
each location at which the commercial telephone seller proposes to do business. Each license
issued under this chapter shall show the name and address of the licensee. (b) Each licensee
shall prominently display his or her license at the location where he or she does business.
Each licensee shall make the license available for inspection by any governmental agency upon
request. (c) Failure to display a license is sufficient grounds for the division to issue
an immediate cease and desist order. The order shall remain in effect until the commercial
telephone seller can show the authorities that he or she is licensed. The division shall order
the business to cease operations and request the Public Service...
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34-14A-6
Section 34-14A-6 Exemptions. This chapter does not apply to: (1) Any employee of a licensee
who does not hold himself or herself out for hire or engage in residential home building,
except as such employee of a licensee. (2) An authorized employee of the United States, the
State of Alabama, or any municipality, county, or other political subdivision, if the employee
does not hold himself or herself out for hire or otherwise engage in residential home building
except in accordance with his or her employment. (3) General contractors holding a current
and valid license, issued prior to January 1, 1992, under Chapter 8 of this title. (4) Real
estate licensees, licensed engineers, and licensed architects operating within the scope of
their respective licenses on behalf of clients. (5) a. Owners of property when acting as their
own contractor and providing all material supervision themselves, when building or improving
one-family or two-family residences on such property for the occupancy or...
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27-7-7
Section 27-7-7 Licenses - Application - Generally; fees. Repealed by Act 2001-702, p. 1509,
ยง 6, effective January 1, 2002. (a) The commissioner shall not issue any license except upon
application therefor as in this chapter provided. Each applicant for a license shall file
annually with the commissioner his written application therefor signed by him and showing:
(1) His name, age and place of residence; (2) The kinds of insurance to be transacted under
the license and the insurer or insurers he proposes so to represent; (3) The person, firm
or corporation by whom he expects to be employed or associated with as such licensee and his
status as an officer or representative thereof; (4) Whether he proposes to write or solicit
insurance of his own risks and interest, or those of his relatives, any firm or corporation
in which he is financially interested or connected, directly or indirectly, or of his employer;
(5) A short business history of the applicant and the name and nature of any...
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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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16-46-3
Section 16-46-3 Exemptions from chapter; records of private postsecondary institutions ceasing
operations. (a) This chapter shall not apply to any school offering instruction in grades
K-12, or any combination thereof, including any person in regard to the operation of such
K-12 school. (b) This chapter shall not apply to any of the following private postsecondary
institutions, including any person in regard to the operation of such private postsecondary
institution: (1) Schools operated on a nonprofit basis offering only courses or programs of
study which do not lead to an associate or baccalaureate degree and are limited in nature
to the performance of or preparation for the ministry of any established church, denomination,
or religion. (2) Courses conducted by employers exclusively for their employees and courses
conducted by labor unions exclusively for their members. (3) Schools, colleges, and universities
principally operated and supported by the State of Alabama or its political...
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