§ 34-27-32. Requirements for license; application; termination;
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 or license has not been rejected or
revoked in any state within two years prior to date of application on any
grounds other than failure to pass a written examination. Any applicant
whose license has been revoked shall meet all the requirements imposed on
an original applicant for a license and shall not be relicensed without the
approval of the commissioners.
(3) Is at least 19 years old.
(4) Is 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 government, or is an alien with permanent
resident status.
(5) Is a person who, if a nonresident, agrees to sign an affidavit stating
the following and in the following form:
I, as a nonresident applicant for a real estate license and as a licensee,
agree that the Alabama Real Estate Commission shall have jurisdiction
over me in any and all of my real estate related activities the same as if
I were an Alabama resident licensee. I agree to be subject to investigations
and disciplinary actions the same as Alabama resident licensees. Further,
I agree that civil actions may be commenced against me in any court
of competent jurisdiction in any county of the State of Alabama.
I hereby appoint the Executive Director or the Assistant Executive
Director of the Alabama Real Estate Commission as my agent upon whom
all disciplinary, judicial, or other process or legal notices may be served.
I agree that any service upon my agent shall be the same as service upon
me and that certified copies of this appointment shall be deemed sufficient
evidence and shall be admitted into evidence with the same force
and effect as the original might be admitted. I agree that any lawful
process against me which is served upon my agent shall be of the same
legal force and validity as if personally served upon me and that this
appointment shall continue in effect for as long as I have any liability
remaining in the State of Alabama. I understand that my agent shall,
within a reasonable time after service upon him or her, mail a copy of the
service by certified mail, return receipt requested, to me at my last known
business address.
I agree that I am bound by all the provisions of the Alabama Real
Estate License Law the same as if I were a resident of the State of
Alabama.
Legal signature of applicant
The commission may reject the application of any person who has been
convicted of or pleaded guilty or nolo contendere to a felony or a crime
involving moral turpitude.
(b)(1) A person who holds a current real estate salesperson license in
another state, including persons who move to and become residents of
Alabama, shall apply for a reciprocal salesperson license on a form prescribed
by the commission. A person who holds a current broker license in
another state, including persons who move to and become residents of
Alabama, shall apply for a reciprocal broker license on a form prescribed by
the commission. The applicant shall submit proof that he or she has a
current real estate license in another state as evidenced by a certificate
of licensure, together with any other information required by the commission.
The applicant shall also show proof that he or she has completed at least six
hours of course work in Alabama real estate which is approved by the commission.
Applicants for a reciprocal license shall not be subject to the complete
examination or temporary license requirements of Section 34-27-33, but shall
pass a reasonable written examination prepared by the commission on the subject
of Alabama real estate. A person who holds a reciprocal license shall show proof
of completion of continuing education either by meeting the requirements of
Section 34-27-35 or by showing proof that his or her other state license remains
active in that state. The fees for issuance and renewal of a reciprocal license
shall be the same as those for original licenses pursuant to Section 34-27-35.
The recovery fund fee for issuance of a reciprocal license shall be the same
as for an original license pursuant to Section 34-27-31.
(2) A person who holds a current Alabama license who moves to and
becomes a resident of the state shall within 10 days submit to the commission
notice of change of address and all other license status changes.
(c) A person who does not hold a current real estate broker license in
another state desiring to be a real estate broker in this state shall apply for a
broker's license on a form prescribed by the commission which shall specify
the real estate office to which he or she is registered. Along with the
application, he or she shall submit all of the following:
(1) Proof that he or she has had an active real estate salesperson's license
in any state for at least 24 months of the 36 month period immediately
preceding the date of application.
(2) Proof that he or she is a high school graduate or the equivalent.
(3) Proof that he or she has completed a course in real estate approved by
the commission, which shall be a minimum of 60 clock hours.
(4) Any other information requested by the commission.
(d) A person who does not hold a current real estate salesperson license in
another state desiring to be a real estate salesperson in this state shall apply
for a salesperson's license with the commission on a form prescribed by the
commission which shall specify the real estate office to which he or she is
registered. Along with the application he or she shall furnish all of the
following:
(1) Proof that he or she is a high school graduate or the equivalent.
(2) Proof that he or she has successfully completed a course in real estate
approved by the commission, which shall be a minimum of 60 clock hours.
(3) Any other information required by the commission.
(e) An application for a company license or branch office license shall be
made by a qualifying broker on a form prescribed by the commission. The
qualifying broker shall be an officer, partner, or employee of the company.
(f) An applicant for a company or broker license shall maintain a place of
business.
(g) If the applicant for a company or broker license maintains more than
one place of business in the state, he or she shall have a company or branch
office license for each separate location or branch office. Every application
shall state the location of the company or branch office and the name of its
qualifying broker. Each company or branch office shall be under the direction
and supervision of a qualifying broker licensed at that address. No person
may serve as qualifying broker at more than one location. The qualifying
broker for the branch office and the qualifying broker for the company
shall share equal responsibility for the real estate activities of all
licensees assigned to the branch office or company.
(h) No person shall be a qualifying broker for more than one company or
for a company and on his or her own behalf unless:
(1) All companies for which he or she is and proposes to be the qualifying
broker consent in writing.
(2) He or she files a copy of the written consent with the commission.
(3) He or she will be doing business from the same location.
A person licensed under a qualifying broker may be engaged by one or more
companies with the same qualifying broker.
(i) A company license shall become invalid on the death or disability of a
qualifying broker. Within 30 days after the death or disability, the corporation,
or the remaining partners or the successor partnership, if any, may
designate another of its officers, members, or salespersons to apply for a
license as temporary qualifying broker. The person designated as temporary
qualifying broker shall either be a broker or have been a salesperson for at
least one year prior to filing the application. If the application is granted, the
company may operate under that broker for no more than six months after
the death or disability of its former qualifying broker. Unless the company
designates a fully licensed broker as the qualifying broker within the six
months, the company license shall be classified inactive by the commission.
(j) The commission may charge any applicant a fee for a criminal record
search of the applicant in the same amount as is charged the commission by
the Department of Public Safety or other agency for the search.
(k) The commission may charge a fee of ten dollars ($10) for furnishing any
person a copy of a license, certificate or other official record of the commissioner.

(Acts 1951, No. 422, p. 745, § 6; Acts 1963, No. 290, p. 734, § 1; Acts
1971, No. 2485, p. 3966, § 6; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, § 1;
Acts 1975, No. 568, p. 1306, § 1; Acts 1982, No. 82-231, p. 282, § 1; Acts
1983, No. 83-516, p. 781, § 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 1996, No. 96-791, p. 1471, § 1; Act 2003-298, p.
701, § 1.)

Cross references

See RULE 790-X-2.01; RULE 790-X-2.02; RULE 790-X-2.04; RULE 790-X-2.06; RULE 790-X-2.23; RULE 790-X-3.01