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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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34-27-34
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 that of a real estate broker, and he or she shall be in a position to actually
supervise the real estate activities of the associate broker or salesperson on a full-time
basis. (2) A salesperson or associate broker shall not perform acts for which a license is
required unless licensed under a qualifying broker. A qualifying broker shall be held responsible
to the commission and to the public for all acts governed by this chapter of each salesperson
and associate broker licensed under him or her and of each company for which he or she is
the qualifying broker. It shall be the duty of the qualifying broker to see that all transactions
of every licensee engaged by him or her or any company for...
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34-27-36
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
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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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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34-27-32
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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34-27-66
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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34-27-50
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
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any 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...
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34-27-31
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 court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who
is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to
make health care decisions on the principal's behalf by a power of attorney for health care;
or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal. (3) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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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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