Code of Alabama

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34-27-85
Section 34-27-85 Services licensees required to provide. (a) In addition to the duties enumerated
in Section 34-27-84, a licensee shall provide all of the following services to clients: (1)
Loyally represent the best interests of the client by placing the interests of the client
ahead of the interests of any other party, unless loyalty to a client violates the duties
of the licensee to other parties under Section 34-27-84, or is otherwise prohibited by law.
(2) Disclose to the client all information known by the licensee that is material to the transaction
and not discoverable by the client through reasonable investigation and observation, except
for confidential information as provided in subdivision (3) of subsection (a) of Section 34-27-84.
A licensee shall have no affirmative duty to discover the information. (3) Fulfill any obligation
required by the agency agreement, and any lawful instructions of the client that are within
the scope of the agency agreement, that are not...
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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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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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34-27-84
Section 34-27-84 Obligations of licensees. (a) Licensees shall have all of the following obligations
to all parties in a real estate transaction: (1) To provide brokerage services to all parties
to the transaction honestly and in good faith. (2) To exercise reasonable skill and care in
providing brokerage services to all parties. (3) To keep confidential any information given
to the licensee in confidence, or any information obtained by the licensee that the licensee
knows a reasonable individual would want to keep confidential, unless disclosure of this information
is required by law, violates a fiduciary duty to a client, becomes public knowledge, or is
authorized by the party in writing. (4) To account for all property coming into the possession
of the licensee that belongs to any party to the real estate transaction. (5) When assisting
a party in the negotiation of a real estate transaction, to present all written offers in
a timely and truthful manner. (6) To act on behalf of the...
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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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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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34-27-86
Section 34-27-86 Misrepresentation or false information given by licensee. (a) A client is
not liable for a misrepresentation made by a broker in connection with the broker providing
brokerage services unless the client knows or should have known of the misrepresentation or
the broker is repeating a misrepresentation made by the client to the broker. (b) A licensee
shall not be liable for providing false information to a party in a real estate transaction
if the false information was provided to the licensee by a client of the licensee or by a
customer or by another licensee unless the licensee knows or should have known that the information
was false. (Acts 1995, No. 95-211, p. 341, ยง7.)...
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5-18A-13
Section 5-18A-13 Duties of licensee. (a) A licensee may not knowingly enter into a deferred
presentment transaction with a customer that has outstanding deferred presentment transactions
from any lender at any location that exceeds five hundred dollars ($500) for the term of the
loan. (b) Before a licensee shall present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and terms shall
have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, or any other legal
entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person
or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written allegation
or allegations that a violation of this chapter has occurred. (6) COMPLAINANT. A person who
alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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