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34-27-6
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 a principal school or branch school and approved by the commission
to be the person responsible to the commission for all acts governed by this chapter and applicable
rules which govern the operation of schools. (2) APPROVED COURSE. Any course of instruction
approved by the commission that satisfies commission requirements for prelicense education,
postlicense education, or continuing education. (3) APPROVED SCHOOL. Any proprietary educational
institution offering only commission approved continuing education courses and any accredited
college or university that offers any commission approved course. (4) BRANCH SCHOOL. Any school
under the ownership of a principal school which offers commission approved courses at a permanent
location. (5) INSTRUCTIONAL SITE. Any physical...
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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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34-27-60
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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34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
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34-27-81
Section 34-27-81 Definitions. As used in this article, the following words shall have the following
meanings: (1) AGENCY AGREEMENT. A written agreement between a broker and a client which creates
a fiduciary relationship between the broker and a principal, who is commonly referred to as
a client. (2) BROKER. Any person licensed as a real estate broker pursuant to Articles 1 and
2 of this chapter. (3) BROKERAGE AGREEMENT. A specific written agreement between a brokerage
firm and a consumer which establishes a brokerage relationship. The brokerage agreement shall
contain a statement of the terms and conditions of the brokerage services to be provided.
(4) BROKERAGE SERVICE. Any service, except for rental or property management services, provided
by a broker or licensee to another person and includes all activities for which a real estate
license is required under Articles 1 and 2 of this chapter. (5) CONSUMER. A person who obtains
information, advice, or services concerning real estate...
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34-27-82
Section 34-27-82 Roles and duties of licensees; written disclosure documents; exceptions; brokerage
agreements. (a) When engaged in any real estate transaction, the licensee may act as a single
agent, sub-agent, a limited consensual dual agent, or as a transaction broker. (b) At the
initial contact between a licensee and the consumer and until such time a broker enters into
a specific written agreement to establish an agency relationship with one or more of the parties
to a transaction, the licensee shall not be considered an agent of that consumer. An agency
relationship shall not be assumed, implied, or created without a written bilateral agreement
establishing the terms of the agency relationship. (c) As soon as reasonably possible and
before any confidential information is disclosed to any other person by a licensee, the licensee
shall provide a written disclosure form to a consumer for signature describing the alternative
types of brokerage services, as identified in subsection...
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34-27A-20
Section 34-27A-20 Revocation or suspension of license - Grounds; disciplinary 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 discipline by public
and no more than two private reprimands per licensed real property appraiser for any of the
following acts or omissions: (1) Procuring or attempting to procure a license or certificate
pursuant to this article by knowingly making a false statement, submitting false information,
refusing to provide complete information in response to a question in an application for a
license, or through any form of fraud or misrepresentation. (2) Failing to meet the minimum
qualifications established by this article. (3) Paying money other than authorized by this
article to any member or employee of the board to procure a license under...
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45-32-150.10
Section 45-32-150.10 Production of documents, etc.; removal of certain licensee employees;
recordkeeping; inspections; witnesses. The commission is empowered to compel the production
of any and all books, memoranda, or documents showing the receipts and disbursements of any
person, association, or corporation licensed to conduct race meetings under this part. The
commission may at any time require the removal of any employee or official employed by any
licensee hereunder whenever it has reason to believe that such employee or official is guilty
of any improper practice in connection with racing, has failed to comply with any condition
of the license, or has violated any rule adopted by the commission. The commission shall have
the power to require that the books and financial or other statements of any licensee be kept
in a manner and method provided by the commission; and the commission shall be authorized
to visit, investigate, and place auditors and inspectors in the offices,...
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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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34-4-21
Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing
education; discharge of apprentice; change of address. (a) Any person desiring to enter into
the auction business and obtain a license as an auctioneer or apprentice auctioneer shall
make written application for a license to the board. Each application shall be accompanied
by an examination fee of an amount not to exceed one hundred dollars ($100) which shall be
collected from each applicant to defray the expenses of the examination. The application shall
be submitted on forms prepared and furnished by the board. (b) Each applicant for a license
as an auctioneer shall be 19 years of age or over, and each applicant 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...
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