Alabama Administrative Code Chapter 790-X-3 — Disciplinary Actions

790 Alabama Real Estate Commission

Ala. Admin. Code r. 790-X-3-.01 Change Of Address

It shall be a violation for any licensee to change the address of his place of business as set out on his numbered license certificate and fail to notify the Commission in writing within thirty (30) days after such change has been made. Such notification shall include both the old and new addresses of the company. To effect a change of business address, the qualifying broker must submit written notification to the Commission office with a $25.00 transfer fee for the company or branch license and for each license issued to that company or branch.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-32, 34-27-35.
• Filed September 30, 1982. Amended: Filed August 15, 1985; August 7, 1992; October 21, 1992. Amended: Filed November 25, 2003; effective December 30, 2003. Amended: Filed August 27, 2018; effective October 11, 2018.

Ala. Admin. Code r. 790-X-3-.02 Returned Check Fee

The Commission may charge a fee for a check, draft or other negotiable instrument returned to the Commission unpaid up to the maximum amount allowed by §8-8-15 Code of Ala. 1975.

History

• Author: Alabama Real Estate Commissioners
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-36(a)(16).
• Filed September 30, 1982. Amended: Filed November 21, 1983. Repealed: Filed October 18, 1994; effective November 22, 1994. New Rule: Filed September 12, 2008; effective October 17, 2008.

Ala. Admin. Code r. 790-X-3-.03 Deposit Of Funds

(1) The deposit and accounting for at all times of all funds belonging to or being held for others in a separate federally insured account or accounts in a financial institution located in Alabama shall require that the qualifying broker be a customer of the financial institution holding all such accounts and the qualifying broker shall be one of the persons with authority to deposit and withdraw funds and to write or make checks as necessary on all such accounts.

(2) Each real estate salesperson or associate broker shall pay over to his or her qualifying broker all funds coming into his or her possession in trust for other parties immediately upon receipt of same.

(3) Each qualifying broker is responsible for deposit of all funds belonging to others coming into his or her possession or of a salesperson or associate broker licensed under him or her where such funds are to be held in trust, unless the qualifying broker is expressly relieved of such responsibility in writing. In cases where the funds are U. S. currency, i.e. cash as opposed to a check or note, these funds shall be deposited immediately. In cases where a check is received as earnest money and the contract form states that the check is to be held for a specific length of time or until the occurrence of a specific event, then the check shall be deposited when the contract form states, or if no time for deposit is specified in the contract form, then the check shall be deposited when the offer becomes a contract.

(4) Funds to be held in trust under a contract for sale involving more than one qualifying broker shall be held and deposited by any of the qualifying brokers involved in the sale. All funds to be held in trust, whether by contract for sale, or by lease or property management agreement, shall be held and deposited by the qualifying broker who is providing these services to the owner. In cases where a successor qualifying broker is to provide these services, the first broker shall provide a complete accounting of the funds and shall transfer the funds to the successor broker. The qualifying broker who is currently providing services to the owner shall be responsible to the public and to the commission for all funds. Upon request by the Commission or its authorized representative, each qualifying broker shall promptly account for any trust funds being held by that qualifying broker.

(5) Disbursement of funds held in trust: Unless otherwise stated in this rule, each qualifying broker shall promptly disburse to the appropriate party or parties any trust funds within 7 business days of the consummation of the transaction for which the funds were deposited. If for any reason the transaction terminates without consummation, or if there is a disagreement regarding the disbursement of trust funds, the qualifying broker shall not disburse any trust funds except pursuant to a written agreement signed by all parties after or upon termination, or pursuant to a court order.

(6) Disbursement of security deposits held in trust under a lease agreement:

(a) Residential leases security deposits: Refer to Code of Ala. (1975), Sections 35-9A-201 Security Deposits; Prepaid Rent, and 35-9A-205 Limitation of Liability. Alabama Code Sections 35-9A-201 and 35-9A-205 have priority and qualifying brokers shall comply with their instruction.

(b) Commercial leases security deposits:

1. Upon termination of the tenancy, money held for the landlord by a qualifying broker as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant's noncompliance of the lease all as itemized by the qualifying broker in a written notice delivered to the tenant together with the amount due within 60 calendar days after termination of the tenancy and delivery of possession.

2. If the qualifying broker does not refund the entire deposit, the qualifying broker, within the 60-calendar-day period, shall provide the tenant an itemized list of amounts withheld.

3. Upon vacating the premises, the tenant may provide to the qualifying broker a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed. If the tenant fails to provide a valid forwarding address, the qualifying broker shall mail, by first class mail, the deposit or itemized accounting or both, to the tenant at the address of the property. Any deposit unclaimed by the tenant as well as any check outstanding shall be forfeited by the tenant after a period of 90 calendar days.

4. The qualifying broker's mailing, by first class mail, to the address provided in writing by the tenant, within 60 calendar days of the refund or itemized accounting, or both, is sufficient compliance with this chapter.

(c) Security deposits and trust funds subject to a management termination by a landlord or the qualifying broker: If a landlord and/or qualifying broker terminates a management agreement for leased properties, the qualifying broker shall provide an accounting of all security deposits, prepaid rents and other related escrows, and provide such accounting to the landlord or new manager of the property, within seven (7) business days of the management termination effective date, along with payment of funds. A qualifying broker, who is the manager of leased properties, whose leases include security deposits, is relieved of liability under the lease agreements and this chapter as to events occurring after written notice to the tenant of the termination of management and name of the new management.

(d) Security deposits subject to a sale of the property: If a landlord conveys property subject to a rental agreement in a good faith sale to a bona fide purchaser, the qualifying broker shall provide an accounting of all security deposits, prepaid rents and other related escrows, and provide such accounting to the purchaser of the property, within seven (7) business days of the closing of the sale, along with payment of funds, if such funds are not already transferred via sale closing documents. Upon the date of accounting and payment, the qualifying broker is relieved of trust funds liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the sale and name of the new management.

(7) This Rule shall not prohibit a broker from depositing with the appropriate court any trust funds which are the subject of disagreement among or between parties under the rules of interpleader or other lawful procedure.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-36(a).
• Filed September 30, 1982. Amended: Filed November 21, 1983; August 15, 1985; August 15, 1988. Amended: Filed November 17, 1995 effective December 22, 1995. Amended: Filed January 25, 1996; effective February 29, 1996. Amended: Filed August 25, 2006; effective September 28, 2006. Amended: Filed November 4, 2016; effective December 19, 2016. Amended: Published February 28, 2025; effective April 14, 2025.

Ala. Admin. Code r. 790-X-3-.04 Estimated Closing Statement

(1) A licensee, in a single-family residential sales transaction, must furnish to his/her client, consumer, or customer a complete estimated closing statement each time the licensee presents a written offer or counteroffer to the client, consumer, or customer or each time the licensee prepares a written offer or counteroffer for the client, consumer, or customer. This statement shall contain the licensee’s best estimates of all costs his/her client, consumer, or customer may have at closing and the approximate amount of those costs. The client, consumer, or customer must acknowledge receipt of the estimated closing statement by dated signature on the form.

(2)For purposes of records retention, it is sufficient that each licensee retain in his or her qualifying broker's file the statements required of him or her under this rule. It is not necessary that cooperating brokers maintain both buyer's and seller's statements.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-36(a)(22).
• Filed September 30, 1982. Amended: Filed August 7, 1992. Amended: Filed November 4, 2016; effective December 19, 2016. Amended: Published December 31, 2024; effective February 14, 2025.

Ala. Admin. Code r. 790-X-3-.05 Automatic Extensions

Listing contracts shall contain no provision for automatic extensions.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-2.
• Filed September 30, 1982. Amended (No changes made to the text, only Author and Stat. Auth.): Filed August 27, 2018; effective October 11, 2018.

Ala. Admin. Code r. 790-X-3-.06 Probable Cause Determination

The investigator to whom a particular matter is assigned, in consultation with the Attorney General or his representative and the Executive Director, shall determine whether probable cause exists regarding that matter for filing a formal complaint and/or holding a hearing for the refusal, suspension or revocation of a license or the fining or reprimanding of a licensee.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-36.
• Filed September 30, 1982. Amended: Filed November 21, 1983. Amended: Filed November 4, 2016; effective December 19, 2016.

Ala. Admin. Code r. 790-X-3-.07 Hearings

(1) If a formal complaint is filed against a licensee, the Commission may proceed to hold a hearing on the matter of the complaint at its discretion if the party or parties initiating the complaint and the party or parties against whom the complaint was made reach a settlement and wish the complaint withdrawn.

(2) Any licensee or unlicensed person or unlicensed entity charged with a violation of the Alabama Real Estate License Law has a right to a hearing. The right to a hearing may be waived by the accused. Settlement procedures including a plea of guilty and/or consent to disciplinary action may be utilized by agreement between the accused and the commission.

(3) The complainant(s) or respondent(s) who desire to have witnesses testify in their behalf may request that the Commission issue subpoenas for such witnesses by depositing with the Commission required funds in the form of a cashier's check or certified check, made payable to the Alabama Real Estate Commission.

(4) The per diem and mileage cost of witnesses for interested parties in a complaint hearing shall be twenty dollars ($20.00) per diem. Mileage for subpoenaed witnesses will be the same as that as set from time to time under the requirements of §36-7-22, Code of Ala. 1975, for persons traveling on official business for the State and as published by the State of Alabama Department of Finance, Office of the State Comptroller.

History

• Authority: Code of Ala. 1975, §§34-27-8, 34-27-37.
• Filed September 30, 1982. Amended: Filed November 21, 1983. Amended: Filed September 12, 2008; effective October 17, 2008.

Ala. Admin. Code r. 790-X-3-.08 Offers Made To Licensee (Repealed 10/11/18)

(Repealed)

History

• Authority: Code of Ala. 1975, §34-27-8.
• Filed November 21, 1983. Amended: Filed August 27, 1986. Repealed: Filed August 27, 2018; effective October 11, 2018.

Ala. Admin. Code r. 790-X-3-.09 Office Inspections

(1) The staff of the Alabama Real Estate Commission is authorized to make an inspection of any licensed real estate company to ensure that such company is in compliance with the Real Estate License Law and the Rules and Regulations of the Commission.

(2) In the event of an office inspection of a real estate company, its qualifying broker shall ensure that the business records required to be kept under state law or by the Rules and Regulations of the Commission are made available to such Commission representatives. These records may include but are not limited to:

(a) real estates licenses issued a company or broker

(b) R.E.C.A.D office policy

(c) files for closed transactions

(d) all pending sales files

(e) all property management contracts, lease agreements and rental records

(f) copies of the past six months bank statements with canceled checks for all escrow or trust accounts

(g) copies of recent bank reconciliation performed on all escrow or trust accounts

(h) checkbook and or electronic records of check registers for all escrow or trust accounts

(i) duplicate deposit tickets with validated bank receipts for all escrow or trust accounts

(j) any lists, ledgers or records documenting the funds held in escrow purposes. The office will all also be audited for the place of business signage under Administrative Code 790-X-2-.07 and place of business requirements under §34-27-2(a)(11).

(3) The Commission representative(s), at the Commission's expense, may make photocopies of records which the licensee is required to maintain by the Real Estate License Law or by Rules and Regulations of the Commission.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-36.
• Filed November 21, 1983. Amended: Filed September 12, 2008; effective October 17, 2008.

Ala. Admin. Code r. 790-X-3-.10 Requirement Of A Formal Complaint

(1) The Commission staff may, in response to a complaint from an outside party or upon its own initiative, develop a Formal Complaint charging a licensee or timeshare seller with any violation of Code of Ala. 1975, Chapter 27 of Title 34, or a Commission Rule or Regulation where there is probable cause to believe that such a violation occurred.

(2) A Formal Complaint drawn by the Commission shall include at least the following:

(a) the name(s) of the party (or parties) against whom the complaint is being made;

(b) the legal authority and jurisdiction under which the charge is made;

(c) the type of license(s) held by the accused party (or parties) and the date each license was issued, and/or in the case of a charge of a violation by a timeshare developer or owner, the date the respective timesharing plan was registered;

(d) the particular section(s) of the law and/or the specific rule or order alleged to have been violated; and

(e) a brief description of the act(s) or omission(s) upon which each allegation of violation is made.

History

• Author: Ronald Forehand
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-37, 34-27-61, 34-27-62, 34-27-68.
• Filed November 21, 1983. Amended: Filed July 24, 1984; August 15, 1985.

Ala. Admin. Code r. 790-X-3-.11 Hearing Officer

(1) All hearings on contested cases before the Alabama Real Estate Commission shall be conducted by a hearing officer appointed by the Commission.

(2) The hearing officer shall have the authority to do all things necessary to ensure that such hearings are conducted in accordance with Alabama law and the Rules and Regulations of the Alabama Real Estate Commission.

History

• Authority: Code of Ala. 1975, §§34-27-8, 34-27-37.
• Filed May 15, 1984.

Ala. Admin. Code r. 790-X-3-.12 Referral Fees (Repealed 9/27/96)

(Repealed)

History

• Author: Members, Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §34-27-8.
• Filed February 10, 1992. Amended: Filed August 7, 1992. Repealed: Filed August 23, 1996; effective September 27, 1996

Ala. Admin. Code r. 790-X-3-.13 Agency/Brokerage Services Disclosure

(1) The Real Estate Consumers Agency and Disclosure Act (RECAD) requires the Alabama Real Estate Commission to write a Real Estate Brokerage Services Disclosure form which describes the alternative types of brokerage services available to consumers in Alabama transactions. The use of this form is mandatory as required by RECAD and this rule.

(2) Licensees, except those engaged in rental or property management services, and those in transactions set out in Section 34-27-82 (d), are required to provide the Real Estate Brokerage Services Disclosure form to the consumer as soon as reasonably possible and before any confidential information is disclosed to any other person by a licensee. Consumers are not required by law to sign the form, although the licensee should encourage that it be signed. If the consumer declines to sign, the licensee shall make a note to this effect on the form. The text of the mandatory form is as follows:

THIS IS PROVIDED FOR INFORMATION PURPOSES.

THIS IS NOT A CONTRACT

REAL ESTATE BROKERAGE SERVICES DISCLOSURE

*Alabama law requires you, the consumer, to be informed about the types of services that real estate licensees may perform. The Alabama Real Estate Commission requires the real estate licensee to sign, date, and provide you a copy of this form. Your signature is not required by law or rule, but it would be appreciated. The purpose of this disclosure is to give you a summary of these services.

A SINGLE AGENT is a licensee who represents only one party in a sale. That is, a single agent represents his or her client. The client may be the seller or the buyer. The licensee when acting as an agent must represent the best interests of the client by placing the interests of the client ahead of the interests of any other party. In a real estate transaction, when a real estate licensee is employed as an agent, the licensee is obligated to advise and advocate for the best interests of his or her client. A single agent must be loyal and faithful to the client.

When two or more licensees under the same qualifying broker are in separate agency agreements with a different party in the same transaction, the qualifying broker can designate those licensees as single agents as to the licensee’s client. The designation must be in writing and done as soon as reasonably possible. A designated single agent is not a dual agent, and neither the qualifying broker, the designated single agent, nor any other licensee involved in the transaction shall be assumed to have knowledge to any other party with whom the licensee has not entered an agency agreement.

A DUAL AGENT is a licensee, who is an individual, acting as an agent for both the buyer and the seller. This may only be done with the written, informed consent of all parties. This type of agent must also be loyal and faithful to each client, except where the duties owed to the clients conflict with one another.

A TRANSACTION FACILITATOR assists one or more parties, who are customers, in a sale. Transaction facilitator describes a brokerage arrangement whereby the real estate licensee assists one or more parties, who are customers, in a contemplated real estate transaction, without being the agent, fiduciary, or advocate of that party to the transaction. The transaction facilitator can act as an intermediary between buyers and sellers. A licensee can serve as a transaction facilitator to a single party or to both the buyer and seller. A licensee can also represent one party as an agent and serve as a transaction facilitator for the other party in the transaction. In the absence of an agency agreement, a licensee is presumed to be acting as a transaction facilitator for any otherwise unrepresented party to whom the licensee is providing services.

Alabama law imposes the following obligations on all real estate licensees to all parties in a real estate transaction:

1. To provide services honestly and in good faith;

2. To exercise reasonable care and skill;

3. To keep confidential any information gained in confidence, unless disclosure is required by law or duty to a client, the information becomes public knowledge, or disclosure is authorized in writing;

4. To present all written offers in a timely and truthful manner when assisting a party in the negotiation of a real estate transaction; and

5. To act on behalf of the licensee or his or her immediate family, or on behalf of any other individual, organization, or business entity in which the licensee has personal interest only with a timely written disclosure of this interest to all parties to the transaction.

Further, even if you are working with a licensee who is not your agent, there are many things the licensee may do to assist you. Some examples are:

1. Provide information about properties;

2. Show properties;

3. Assist in making a written offer; or

4. Provide information on financing.

You may choose which type of service you want from a licensee and sign a brokerage service agreement. If you do not sign an agreement, by law the licensee working with you is a transaction facilitator. A written agreement is required by law prior to a licensee listing a property on your behalf or submitting an offer on your behalf for compensation.

The licensee’s broker is required by law to have on file an agency disclosure office policy describing the company’s brokerage services and general information on how the company and licensee are compensated for the brokerage services. That agency disclosure office policy is required, in addition to this form, to be provided to you prior to the licensee providing you any brokerage services. You should feel free to ask any questions you have.

---

Name of Licensee:___________________________________________.

Licensee's Signature:___________________________________________.

Date:___________________________________________.

---

Name of Consumer:___________________________________________.

Consumer's Signature:___________________________________________. (Acknowledgement for Receipt Purposes Only)

Date:___________________________________________.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8, 34-27-82, 34-27-87.
• New Rule: Filed January 25, 1996; effective February 29, 1996. Amended: Filed August 3, 1998; effective September 7, 1998. Amended: Filed February 27, 2002; effective April 3, 2002. Amended: Filed November 26, 2002; effective December 31, 2002. Amended: Published December 31, 2025; effective February 14, 2026.

Ala. Admin. Code r. 790-X-3-.14 Agency/Brokerage Office Policy

(1) The Real Estate Consumers Agency and Disclosure Act (RECAD) requires the qualifying broker to adopt and maintain an agency disclosure office policy which sets out the types of brokerage services which his or her company and licensees may offer or accept and general information on how the company and licensee are compensated for brokerage services. The purpose of this rule is to specify the form and content of the agency disclosure office policy. Any paper or electronic format for the office agency disclosure office policy is acceptable, including the use of devices such as loose-1eaf ring notebooks.

(2) The qualifying broker shall provide all of his or her licensees with a copy of the agency disclosure office policy. The qualifying broker shall explain the agency disclosure office policy to all of his or her licensees at least once a year.

(3) The qualifying broker shall have all of his or her licensees sign a form which acknowledges that he or she has received a copy and a satisfactory explanation of the contents of the agency disclosure office policy.

(4) Under RECAD a qualifying broker may choose to offer the following services to the public: single agency, dual agency, and transaction facilitator. Under RECAD a qualifying broker is not limited to offering only one of these services and is not required to offer all of these services.

(a) A single agent is engaged by and represents only one party in a real estate transaction. Buyers’ agents and sellers’ agents are examples of single agents. A written agency agreement with the client is required for a qualifying broker and his or her licensees to become a single agent. The licensee, when acting as an agent, must loyally represent the best interests of the client ahead of the interests of any other party. In a real estate transaction in which a real estate licensee is employed as an agent, the licensee is obligated to advise and advocate for the best interests of his or her client. All qualifying brokers who offer single agency shall include a copy of their agency agreement form(s) in their office policy. However, this form does not have to be provided to consumers when the agency disclosure office policy is provided.

When two or more licensees under the same qualifying broker are in separate agency agreements with a different party in the same transaction, the qualifying broker can designate those licensees as single agents as to the licensee’s client. The designation must be in writing and done as soon as reasonably possible. A designated single agent is a type of single agent, not a dual agent, and neither the qualifying broker, the designated single agent, nor any other licensee involved in the transaction shall be assumed to have knowledge as to any other party with whom the licensee has not entered an agency agreement. A designated single agent has the same duties and responsibilities as a single agent.

(b) A dual agent is a licensee, who is an individual acting as an agent for both the buyer and the seller. This may only be done with the written, informed consent of all parties. This type of agent must also be loyal and faithful to each client, except where the duties owed to the clients conflict with one another. All qualifying brokers who offer dual agency shall include their dual agency agreement form(s) in their office policy but are not required to provide the form to consumers or customers when providing the agency disclosure office policy.

(c) A transaction facilitator describes a brokerage arrangement whereby the real estate licensee assists one or more parties, who are customers, in a contemplated real estate transaction, without being an agent, fiduciary, or advocate of that party to the transaction. The transaction facilitator can act as an intermediary between buyers and sellers. A licensee can serve as a transaction facilitator to a single party or to both the buyer and seller. A licensee can also represent one party as an agent and serve as a transaction facilitator for the other party in the transaction. In the absence of an agency agreement, a licensee is presumed to be acting as a transaction facilitator for any otherwise unrepresented party to whom the licensee is providing brokerage services. All qualifying brokers who offer transaction facilitator services that require a written agreement shall include their transaction facilitator agreement form(s) in their office policy. However, this form does not have to be provided to consumers when the agency disclosure office policy is provided.

(5) All qualifying brokers shall include in their office policy a copy of the disclosure form required by Ala. Admin. Code § 790-X-3-.13. Further, all qualifying brokers shall include in their office policy a copy of their sales contract forms containing the agency disclosure required to be in each offer to purchase by Code of Ala., 1975, § 34-24-82, as amended. The sales contract does not have to be provided to consumers when the agency disclosure office policy is provided.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-83, 34-27-87.
• New Rule: Filed January 25, 1996; effective February 29, 1996. Amended: Filed August 3, 1998; effective September 7, 1998. Amended: Published December 31, 2025; effective February 14, 2026.

Ala. Admin. Code r. 790-X-3-.15 Broker Supervision

Failure of a qualifying broker to properly supervise his/her company or those licensed under him/her shall include, but is not limited to, the following:

(1) Failing to maintain an active broker's license with the Commission and thereby compromising the licensing status of those licensed under the qualifying broker.

(2) Allowing a person not licensed by the commission to engage in activities requiring a license on behalf of the qualifying broker or company.

(3) Allowing a licensee to conduct licensed activity for a company under which the licensee is not licensed.

(4) Allowing a person to engage in activities requiring an active real estate license while that person's license is expired, inactive, pending transfer, suspended, or revoked.

(5) Failing to take action to ensure that a licensee complies with any restrictions or conditions placed upon that person's license.

(6) Directing or instructing a licensee to take any action in violation of state, federal, or local laws or regulations while conducting licensed activity.

(7) Failing to take action to prevent a new or existing licensee from violating state, federal, local or license law while conducting licensed activity, if the supervising broker or branch broker has actual knowledge or should reasonably have actual knowledge of the impending violation.

(8) Failing to timely take action to correct or mitigate a violation of license law or regulation after learning of the violation.

(9) Failing to ensure that all contracts and forms used by the licensee are reviewed for accuracy and compliance with applicable statutes, regulations, and office policies.

(10) Failing to ensure that all licensees can maintain reasonable and timely communication with the supervising broker, branch broker, or a competent designee.

(11) Failing to oversee and account for the proper handling of funds or property of others by the company or its licensees.

(12) Failing to ensure that the company's advertisements or its licensee's advertisements conform with license laws and regulations.

(13) Failing to provide an orientation for licensees newly affiliated with the company.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala. 1975, §§34-27-8.1, 34-27-32, 34-27-34, 34-27-36.
• New Rule: Published January 31, 2022; effective March 17, 2022.

Ala. Admin. Code r. 790-X-3-.16 Advertising Teams

The following applies to the advertising or marketing of real estate teams:

1. The team’s name must either include the word “team” or “group”.

2. The team’s name must not use terms that could lead the public to believe that the team is a real estate company, rather than a distinct group within a company. Such prohibited terms include, but are not limited to, the words and abbreviations for “corporation”, “limited liability company”, “partnership”, “business”, “enterprise”, and “company”.

History

• Author: Alabama Real Estate Commission
• Authority: Code of Ala., 1975, §34-27-39.
• New Rule: Published December 31, 2024; effective February 14, 2025. Repealed and New Rule: Published December 31, 2025; effective February 14, 2026.