reglab/housing_qa huggingface dataset:
AL Code § 34-27-3 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-3 - Nonresident May Not Act Except in Cooperation With Licensed Broker of State; Written Co-Brokerage Agreement to Be Filed.

Section 34-27-3Nonresident may not act except in cooperation with licensed broker of state; written co-brokerage agreement to be filed. (a) A licensed broker of another state may act as co-broker with a licensed broker of this state by executing a written agreement specifying each parcel of property covered by the agreement if the state in which the nonresident broker is licensed offers the same privileges to licensees of this state. (b) Whenever an Alabama broker enters into a co-brokerage agreement with a nonresident broker to perform in Alabama any of the acts described in Section 34-27-30 the Alabama broker shall file within 10 days with the commission a copy of each such written agreement. By signing the agreement, the nonresident broker agrees to abide by Alabama law, and the rules and regulations of the commission; and further agrees that civil actions may be commenced against him or her in any court of competent jurisdiction in any county of this state in which a claim may arise. (Acts 1951, No. 422, p. 745, §7; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §7; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3.)
AL Code § 34-27-5 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-5 - County List of Licensees.

Section 34-27-5County list of licensees. The commission shall on the request of the probate judge of any county of this state provide the judge with a list of persons who are licensed by the commission and who reside in that county. (Acts 1951, No. 422, p. 745, §15; Acts 1971, No. 2485, p. 3966, §15; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1.)
AL Code § 34-27-8 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-8 - Real Estate Commission - Quorum; Rules and Regulations; Agency Disclosure Clause.

Section 34-27-8Real Estate Commission - Quorum; rules and regulations; agency disclosure clause. (a) A majority of the commission members shall constitute a quorum for the conduct of commission business. The commission may adopt and enforce all rules and regulations pursuant to the state administrative procedure statutes necessary for the administration of this chapter, and to otherwise do all things necessary and convenient for effecting this chapter. (b) In addition to the powers granted in this section, the commission may adopt and enforce rules and regulations governing the requirements of agency disclosure by licensed brokers and salespersons. (c) Each offer to purchase prepared after August 1, 1998, shall have prominently displayed the following AGENCY DISCLOSURE clause which shall be completed and initialed as indicated: The listing company _________ is:  (Two blocks may be checked) ____ An agent of the seller. ____ An agent of the buyer.  ____ An agent of both the seller and buyer and is acting as a limited consensual dual agent.  ____ Assisting the _____ buyer _____ seller as a transaction broker.  The selling company _________ is: (Two blocks may be checked) ____ An agent of the seller.  ____ An agent of the buyer.  ____ An agent of both the seller and buyer and is acting as a limited consensual dual agent.  ____ Assisting the _____ buyer _____ seller as a transaction broker. (Acts 1951, No. 422, p. 745, §19; Acts 1971, No. 2485, p. 3966, §19; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1; Acts 1988, No. 88-214, p. 315, §3; Acts 1989, No. 89-284, p. 447, §3; Acts 1992, No. 92-177, p. 305, §3; Acts 1995, No. 95-211, p. 341, §10; Act 98-618, p. 1359, §1.)
AL Code § 34-27-8.1 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-8.1 - Real Estate Commission - Legislative Findings; Rulemaking Authority.

Section 34-27-8.1Real Estate Commission - Legislative findings; rulemaking authority.  (a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the licensing of real estate brokers and salespersons includes the power to prohibit unqualified persons from being licensed as a real estate broker or salesperson. (2) A primary goal of the provision of real estate regulation is to prioritize consumer protection in real estate transactions. (3) The Alabama Real Estate Commission is in the best position to determine the real estate practices that prioritize consumer protection in real estate transactions. (4) Prioritizing consumer protection may sometimes be at odds with the goals of state and federal antitrust laws, which include the prioritization of competition. (5) It is the intent of the Legislature to immunize the Alabama Real Estate Commission and its members from liability under state and federal antitrust laws for the adoption of a rule that prioritizes consumer protection but may be anti-competitive. (b) Subject to subsection (c), rules adopted under Section 34-27-8 may define and regulate the licensing of real estate brokers and salespersons in a way that prioritizes consumer protection, even if the rule is anti-competitive. (c) A rule adopted under Section 34-27-8 may supplement or clarify any statutory definition, but may not conflict with any statute that defines an activity that requires licensing under this chapter. (d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Alabama Real Estate Commission beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015). (e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Alabama Real Estate Commission in any context outside of state or federal antitrust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015). (Act 2017-396, §§1-3.)
AL Code § 34-27-10 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-10 - Chapter Cumulative.

Section 34-27-10Chapter cumulative. (a) The requirements of this chapter shall be in addition to the requirements of existing or future laws or ordinances of any state, county, or municipality taxing, licensing, or regulating real estate brokers or salesmen. (b) A licensee under this chapter shall not be subject to the requirements of Section 40-12-150 when he or she sells, offers to sell, or advertises for sale realty situated in another state or county. (c) Licensees under this chapter shall be exempt from the provisions of Section 5-19-22. (Acts 1951, No. 422, p. 745, §21; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §21; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1985, No. 85-750, p. 1204, §1.)
AL Code § 34-27-11 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 1 - General Provisions.|Section 34-27-11 - Penalties.

Section 34-27-11Penalties. (a) Any person or corporation which violates any provision of this chapter commits a Class A misdemeanor and, on conviction, shall be punished accordingly. (b) Any person who files with the commission any notice, statement, or other document or information required under the provisions of this chapter which is false or untrue or contains any material misstatement of fact commits a Class A misdemeanor and, on conviction, shall be punished accordingly. (Acts 1951, No. 422, p. 745, §18; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1984, No. 84-282, p. 472, §1; Acts 1985, No. 85-750, p. 1204, §1.)
AL Code § 34-27-30 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 2 - Licenses.|Section 34-27-30 - Required.

Section 34-27-30Required. It shall be unlawful for any person, sole proprietorship, partnership, corporation, branch office, or lawfully constituted business organization, as the Legislature may from time to time provide, for a fee, commission, or other valuable consideration, or with the intention or expectation of receiving or collecting a fee, commission, or other valuable consideration from another, to do any of the following unless licensed under Articles 1 and 2 of this chapter: (1) Sell, exchange, purchase, rent, or lease real estate situated within the State of Alabama. (2) Offer to sell, exchange, purchase, rent, or lease real estate situated within the State of Alabama. (3) Negotiate or attempt to negotiate the listing, sale, exchange, purchase, rental, or leasing of real estate situated within the State of Alabama. (4) List or offer or attempt or agree to list real estate for sale, rental, lease, exchange, or trade situated within the State of Alabama. (5) Auction, offer, or attempt or agree to auction, real estate situated within the State of Alabama. (6) Buy or sell or offer to buy or sell, or otherwise deal in options on real estate situated within the State of Alabama. (7) Aid, attempt, or offer to aid in locating or obtaining for purchase, rent, or lease any real estate situated within the State of Alabama. (8) Procure or assist in procuring of prospects for the purpose of effecting the sale, exchange, lease, or rental of real estate situated within the State of Alabama. (9) Procure or assist in the procuring of properties for the purpose of effecting the sale, exchange, lease, or rental of real estate situated within the State of Alabama. (10) Present himself or herself, or be presented, as being able to perform an act for which a license is required. (Acts 1951, No. 422, p. 745, §2; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §1; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1; Act 2006-601, p. 1647, §1; Act 2008-141, p. 214, §3.)
AL Code § 34-27-30.1 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 2 - Licenses.|Section 34-27-30.1 - License Requirement or Tax on Certain Real Estate Companies Prohibited.

Section 34-27-30.1License requirement or tax on certain real estate companies prohibited.  Amended and renumbered as §11-51-132 by Act 2008-141, p. 214, §3, effective April 10, 2008. (Act 2007-364, §1.)
AL Code § 34-27-30.2 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 2 - Licenses.|Section 34-27-30.2 - Fees Prohibited on Signs Advertising Real Property for Sale by Realtors; Restrictions on Signs.

Section 34-27-30.2Fees prohibited on signs advertising real property for sale by realtors; restrictions on signs.  (a) The rights of real estate licensees shall include the right to advertise real property for sale, lease, or transfer by other conveyance using signs affixed to or located on the real property. A municipal corporation or a political subdivision of the state may not impose any fee or tax for the use of signs affixed to or located on the real property which is for sale, lease, or transfer by other conveyance nor may a municipal corporation or a political subdivision of the state impose any fee or tax for the use of signs near such property directing people to such property. (b) Notwithstanding the foregoing, nothing in this section shall limit the ability of a political subdivision to enact and enforce reasonable restrictions on the size, height, and placement of signs on private property or public right-of-way and to impose monetary penalties for a violation of such restrictions. (Act 2008-383, p. 713, §1.)
AL Code § 34-27-35.1 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 2 - Licenses.|Section 34-27-35.1 - Errors and Omissions Insurance.

Section 34-27-35.1Errors and omissions insurance. Repealed by Act 2003-298, p. 701, § 2, effective June 18, 2003. (Acts 1992, No. 92-602, p. 1250, §§1, 2; Acts 1996, No. 96-791, p. 1471, §1; Act 99-425, p. 757, §1; Act 2001-310, p. 391, §1.)
AL Code § 34-27-38 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 2 - Licenses.|Section 34-27-38 - Disciplinary Action - Appeals.

Section 34-27-38Disciplinary action - Appeals. (a) Findings of the commission are final unless within 30 days after the date of the commission's final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal. (c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the circuit clerk. A complaint setting forth with particularity the issues raised on appeal shall be filed with the court and served on the commission by the appealing party within 30 days after the notice of appeal is filed. Thereafter the action shall be conducted in accordance with the Alabama Rules of Civil Procedure. (d) The appeal shall be conducted by the court without a jury and shall be confined to the record. The commission's decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court shall affirm or reverse, in part or in whole, or modify the commission decision or remand the case to the commission for further proceedings. If the commission decision is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the commission is not affirmed, the court shall tax the costs of appeal against the commission. (Acts 1951, No. 422, p. 745, §14; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §14; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1.)
AL Code § 34-27-52 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 3 - Vacation Time-Sharing Plans.|Section 34-27-52 - Acts Constituting Violation of Article - Failure to Keep Certain Items Among Business Records.

Section 34-27-52Acts constituting violation of article - Failure to keep certain items among business records. It shall be a violation of this article for any owner or business entity offering vacation time-sharing plans for sale to the public to fail to keep among its business records the following: (1) A copy of each item required to be submitted to the commission under Section 34-27-51. (2) A copy of the contract from each sale of the vacation time-sharing plan, which contract shall be retained for a period of at least three years after parties to the vacation time-sharing plan have completely performed all of their obligations thereunder. (3) A list of all employees and independent contractors involved in the development, sale, or advertising of the vacation time-sharing plan or plans, including their last known mailing addresses, which list shall include all current employees and all previous employees whose employment has been terminated within the preceding 36 months. (Acts 1983, No. 83-670, p. 1035, §3; Acts 1985, No. 85-750, p. 1204, §1.)
AL Code § 34-27-53 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 3 - Vacation Time-Sharing Plans.|Section 34-27-53 - Acts Constituting Violation of Article - Failure to Utilize, etc., Fully Completed Copy of Contract.

Section 34-27-53Acts constituting violation of article - Failure to utilize, etc., fully completed copy of contract. It shall be a violation of this article for the seller of a vacation time-sharing plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining to such sale at the time of its execution which shall include: (1) The actual date the contract is signed by all parties. (2) The name and address of the seller. (3) In immediate proximity to the space reserved in the contract for the signature of the buyer and in no smaller type than contained in the body of the contract: a. In the case of a vacation time-sharing lease plan, the following statement: "You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date. You may also cancel this contract at any time in case the accommodations or facilities are no longer available as provided in the contract. If you decide to cancel, you must notify the seller in writing of your intent to cancel by sending notice to (name of seller) by certified mail, return receipt requested at (seller's address)." b. In the case of a vacation time-sharing ownership plan, the following statement: "You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date, by notifying the seller in writing of your intent to cancel, sending his notice thereof by certified mail, return receipt requested." c. It shall be a violation of this article for the seller of a vacation time-sharing ownership plan to fail to furnish the buyer with an inventory of all furniture, fixtures and appliances which will be located in the accommodation during the time period purchased under a vacation time-sharing ownership plan or at closing. (Acts 1983, No. 83-670, p. 1035, §4.)
AL Code § 34-27-54 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 3 - Vacation Time-Sharing Plans.|Section 34-27-54 - Acts Constituting Violation of Article - Failure, etc., to Honor Buyer's Request to Cancel Contract.

Section 34-27-54Acts constituting violation of article - Failure, etc., to honor buyer's request to cancel contract. It shall be a violation of this article for the seller of vacation time-sharing plans, or his or her assignees, to fail or refuse to honor a buyer's request to cancel a contract as provided by Section 34-27-53 if such request is made; provided however, nothing contained in this section shall operate to deny the seller the option to repair, replace, or reconstruct within a reasonable time the accommodations or facilities if destroyed or damaged; provided that such repair, replacement, or reconstruction shall bring such accommodations or facilities back to a state reasonably the same as before the damage or destruction. (Acts 1983, No. 83-670, p. 1035, §5.)
AL Code § 34-27-55 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 3 - Vacation Time-Sharing Plans.|Section 34-27-55 - Acts Constituting Violation of Article - Failure to Refund All Payments; Failure to Place All Funds in Escrow Account.

Section 34-27-55Acts constituting violation of article - Failure to refund all payments; failure to place all funds in escrow account. It shall be a violation of this article for a seller of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer under the contract and return any negotiable instrument, other than checks, executed by the buyer in connection with the contract or services within 20 days after receipt of notice of cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract, fail to refund within 30 days after receipt of notification of cancellation made pursuant to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller which exceed a pro rata portion of the total price, taking into consideration the cost of use of the time-share facilities at an average rental rate per unit for all time-share units, representing the proportion of any contract benefits actually received by the buyer during the time preceding cancellation. (3) Fail to place in an escrow account 100 percent of the funds received from the purchasers of such plans, where the seller of the time-sharing plan transfers an interest herein to the purchaser, which escrow account shall provide that: a. Its purpose is to protect the buyer's right to refund during the five day right to cancellation period provided in Section 34-27-53 or Section 34-27-54, and b. Funds may be withdrawn by the seller upon transfer to the buyer after expiration of the respective cancellation period provided in such Sections 34-27-53 and 34-27-54. (Acts 1983, No. 83-670, p. 1035, §6; Acts 1984, No. 84-259, p. 431, §1.)
AL Code § 34-27-56 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 27 - Real Estate Brokers.|Article 3 - Vacation Time-Sharing Plans.|Section 34-27-56 - Acts Constituting Violation of Article - Misrepresentation.

Section 34-27-56Acts constituting violation of article - Misrepresentation. It shall be a violation of this article for any seller of vacation time-sharing plans, or his or her assignees, to misrepresent in any manner the buyer's right to cancel provided by this article. (Acts 1983, No. 83-670, p. 1035, §7.)