(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. Additionally, the Commission
has written a Consumer Information Booklet which is optional and may
be used by any licensees who choose to use it.
(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 for his or her signature. 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 texts of the optional Consumer
Information Booklet and the mandatory form follow:
A Consumer Information Booklet
What Consumers Need to Know When Working with a Real Estate
As real estate transactions have become more complex and varied, the
types of real estate brokerage arrangements available to the public have
evolved to meet the changing needs of consumers entering this market.
This booklet is intended to provide buyers and sellers with a description of
the different types of brokerage arrangements so that consumers can choose
the type of brokerage services best suited to their needs.
Know Your Rights
At the initial contact between a licensee (both sales persons and brokers)
and the public, the licensee shall be considered to be a transaction broker.
As soon as reasonably possible and before the exchange of confidential
information, Alabama law requires the licensee to provide you with a
written disclosure form that describes different types of brokerage arrangements.
You are encouraged to read and sign this disclosure form.
After disclosure you may then choose the type of brokerage agreement
best suited to your needs. This brokerage agreement will contain a statement
of the specific brokerage services the broker will provide. In the
absence of a signed brokerage agreement, the transaction brokerage relationship
will remain in effect. Make sure you talk to the real estate licensee
with whom you are working to determine the type of services you need or
will receive under alternative brokerage arrangements.
Customer or Client?
The most important thing you need to know when working with a real
estate licensee is whether you are a client or a customer. A licensee owes
certain duties to a client that are different from the services the licensee
performs for a customer.
Agent and Client
An agent is a person who acts for or represents you in negotiations with
other parties. The client or principal is the person the agent represents. The
licensee when acting as an agent must loyally represent the best interest 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 salesperson is
employed as an agent, the salesperson is obligated to negotiate the best
price and terms for his or her client.
What is a Customer?
A customer is a person who is provided services by a real estate broker,
but who is not a client of the broker. In this case, the real estate licensee is
not acting as an agent. The actual services you receive from a real estate
broker depend on the arrangement that is established between you and the
licensee. The different types of real estate agreements are described below.
There are basically three types of real estate brokerage relationships that
can be established between the consumer and a real estate licensee: Single
agency, limited consensual dual agency, and a transaction brokerage arrangement.
Transaction brokerage 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. This means that real estate
brokers and salespeople can act as intermediaries between buyers and
sellers. With this type of brokerage arrangement, home buyers and sellers
are customers and not clients of the licensees with whom they are working.
The basic function of the licensee is to bring buyers and sellers together so
that a real estate sale can be completed. Sellers will employ the licensee to
help market their real estate by identifying qualified buyers and showing
their properties to prospective purchasers. This will usually also involve
advertising properties for sale in newspapers and other media. Sellers will
commonly also rely on the expertise, experience, and advice of the real
estate licensee to help make their property ready for sale and determine an
appropriate asking price. Buyers, in turn, rely on the services of brokers to
find and show them suitable real estate that they can afford and have the
desired characteristics. Real estate professionals may also help consumers
obtain mortgage financing as well as assist them with finalizing the real
estate sale and recording the deed and other documents associated with the
Transaction brokerage arrangements are usually best suited for consumers
who are primarily interested in the marketing services and expertise
that can be provided by real estate professionals, but who do not need an
agent to represent them in the negotiations for the sale or purchase of real
estate. Under transaction brokerage, the licensee must provide brokerage
services to all parties honestly and in good faith and avoid showing
favoritism to either buyer or seller. Alabama law also requires all licensees
exercise reasonable care and skill when providing brokerage services, answer
all questions completely and accurately, and present all written
purchase offers to sellers promptly and in a truthful manner.
Licensees must also keep confidential any information given to them in
confidence, unless disclosure of this information is required by law. For
sellers, this means that licensees must answer a buyer's questions about the
condition of the property completely and honestly. In addition, the buyer
must be told about any hidden defects known to the licensee that could
affect the health or safety of occupants.
A single agency arrangement describes a relationship whereby the real
estate licensee represents only one party in a real estate sales transaction.
In the case of a single agency brokerage arrangement, the real estate
licensee represents either the buyer or the seller, but not both parties to the
real estate transaction. This type of brokerage arrangement is most appropriate
for consumers who need the advice and negotiating skills of real
estate professionals in addition to their marketing services. If a seller enters
into a single agency agreement with a real estate broker, the broker is
referred to as a seller's agent. Under this arrangement the broker must
represent only the seller in the negotiations with buyers. Here the broker
will seek the highest possible price and best possible sale terms for the
seller. This type of brokerage arrangement can involve the use of subagents,
especially in situations where properties are marketed through a multiple
Subagents are empowered to act for another broker in performing real
estate services for that broker. The subagent owes the same duties to the
broker's client as the broker. If a broker is an agent of the seller, then the
subagent is also the seller's agent. When examining properties advertised
through a multiple listing service it is important for buyers to determine
whether the licensee that is showing them properties is acting in the
capacity of a transaction broker, seller's agent or as a subagent of the seller.
Buyers should exercise care with respect to the information they reveal to
licensees working as seller agents. For example, if you are the customer it
would not be wise to tell a licensee the maximum price you would be willing
to pay for a particular property when considering making a formal purchase
offer. If you are the customer, the broker's primary responsibility is to the
seller. In this case, the licensee, as the seller's agent, must convey such
information to the seller.
A buyer's agent describes a real estate licensee who is employed by and
represents only the buyer in a real estate transaction. This relationship is
created by a written contract. This contract should clearly state the service
the agent will perform for the buyer as well as specify how the licensee is
paid for services rendered in connection with the real estate sale. In this
case, the buyer is the client or principal and the real estate broker is the
agent of and represents the buyer in dealings with sellers.
This type of real estate brokerage agreement should be used when the
buyer needs guidance and representation when negotiating with sellers to
purchase real estate. Buyers moving to a new location and who are
unfamiliar with local market conditions would be those consumers most
likely to benefit from this type of agency arrangement. It is becoming
increasingly common in multiple listing situations for the selling broker (a
licensee working with and showing properties to the buyer) to be an agent
of the buyer and the listing broker to represent the owner-seller. Here, both
the buyer and seller, working through their respective agents, could negotiate
at arm's length with the benefit of professional help.
Limited Consensual Dual Agent
Limited consensual dual agency is an agency relationship where the real
estate brokerage company represents both the buyer and the seller in the
same real estate transaction. Consensual dual agency requires the licensee
to obtain the written consent of both the buyer and the seller to act as their
agent. The two most common circumstances where dual agency is encountered
are (1) when two or more salespersons licensed under the same broker
each represent a different party to the transaction, and (2) when one
licensee represents both the buyer and seller in the same sales transaction.
One major advantage of limited consensual dual agency is that it allows
broader marketing opportunities than single agency arrangements. With
this type of contract, salespeople can show houses of owners that they
represent as agents to their buyer clients. Consensual dual agency is
common in the larger real estate markets where real estate companies often
have a large number of properties listed for sale. Many of these properties
may be desirable to their buyers. With a dual agency agreement, these
properties can be shown to their buyer clients.
In the case of dual agency, the principle function of the licensee is to help
both parties reach mutually satisfactory outcome to their negotiations. The
dual agent must avoid showing favoritism to either party and refrain from
revealing confidential information that could prove detrimental to one side
or the other. Although buyers and sellers may not benefit from the full
range of services or agent loyalty that could otherwise be provided with a
single agency arrangement, consensual dual agency does offer consumers
more assistance and guidance than would be possible under a transaction
When considering signing a dual agency agreement, it is very important
that you talk with the broker to determine the types of services that will be
provided, and what types of information you will share with the broker and
broker's other clients.
After reading this consumer information booklet, you should sign a
brokerage agreement that contains a statement of the services to be
provided by the real estate professional. Remember, if you do not sign a
brokerage agreement, by law, the licensee working with you will be considered
a transaction broker. Ask your real estate licensee to clarify and
explain anything in this booklet that you do not fully understand before
signing a contract for real estate brokerage services. You are encouraged to
sign the disclosure form and retain a copy for your records.
THIS IS 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 which real estate licensees may perform. 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 either
the seller or the buyer. A single agent must be completely loyal and faithful to
A SUBAGENT is another agent/licensee who also represents only one party
in a sale. A subagent helps the agent represent the same client. The client
may be either the seller or the buyer. A subagent must also be completely
loyal and faithful to the client.
A LIMITED CONSENSUAL DUAL AGENT is a licensee 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 the client,
except where the duties owed to the clients conflict with one another.
A TRANSACTION BROKER assists one or more parties, who are customers,
in a sale. A transaction broker is not an agent and does not perform the
same services as an agent.
*Alabama law imposes the following obligations on all real estate licensees
to all parties, no matter their relationship:
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. Present all written offers promptly to the seller;
5. Answer your questions completely and accurately.
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;
4. Provide information on financing.
You should 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 broker.
The licensee's broker is required by law to have on file an office policy
describing the company's brokerage services. You should feel free to ask any
questions you have.
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 would be appreciated.
Name of licensee ________________________________________________.
Consumer name _________________________________________________.
(Acknowledgment for Receipt Purposes, Only)
Code of Ala. 1975, §§ 34-27-8, 34-27-82,
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.
corrected March 8, 2006.