Being entrusted with monetary fund’s belonging to a consumer during the selling process of real estate is a huge responsibility that a broker shouldn’t take lightly. According to the Alabama License Law as found in Statute Section §34-27-36 (a) (8) a. which states, “Failing, within a reasonable time, to properly account for or remit money coming into his or her …
Who Am I Representing?
This article is equally interesting to the consumer that is buying or selling real estate as well as the real estate agent. Alabama License Law Section §34-27-36 (a) (7) states, “Acting for more than one party in a transaction without the knowledge and consent in writing of all parties for whom he or she acts.” There are several ways this …
Flagrant Course of Misrepresentation
Continuing with violations of Alabama License Law that result in disciplinary action, I would like to focus on section §36-27-36 (a) (5) which states, “Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salespersons or any medium of advertising or otherwise.” This violation deals with continuing to violate a statute after learning …
Making False Promises is Against the Law
Continuing our examination of Alabama License Law violations that result in disciplinary action, real estate agents making false promises to people buying or selling real property is very serious. Alabama License Law Section §34-27-36 (a) (4) states; “Making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement. One …
Things A Buyer Should Know About Agency
According to Statutory Law of the State of Alabama, A real estate broker is a fiduciary and holds a position of trust and confidence. He cannot put himself in a position antagonistic to his principal’s interest, by fraudulent conduct, acting adversely to his client’s interests, or by failing to communicate information he may possess or acquire which is or may …
Material Misrepresentation—A Legal Issue
Alabama License Law Section §34-27-36 (a) (3). Making a material misrepresentation, or failing to disclose to a potential purchase or lessee any latent structural defect or any other defect known to the licensee. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a …
Misrepresentation by Real Estate Agents
Alabama real estate licensees are governed by the Alabama Real Estate Commission; which specifically enforces the Alabama License Law. Over the next few weeks I will cover various topics of the Alabama License Law where violations occur that ends by disciplinary action taken by the Commission. Today we are focusing on Section §34-27-36 (a) (2) of the Alabama License Law …
“CAUTION”—Realtors ® pay attention
I am writing to all Realtors® because I see constant violations of laws, rules, regulations, and ethics of both State of Alabama and the federal government. To use one of my favorite phrases, “if you’re driving down a highway and look in the rear view mirror to see a blue light flashing; it’s too late to be concerned about how …
“IN GOD WE TRUST–Do We?
I seldom take such a drastic stance by writing articles like this but I believe it is that important. I just returned last night from a business trip to Austin, Texas. This morning I had hundreds of emails. One of them was forwarded to me from a very good friend of mine. An alarm sounded in my head! I first …
Independence—Freedom to choose
Independence Day, commonly known as the Fourth of July, is a federal holiday in the United States commemorating the adoption of the Declaration of Independence on July 4, 1776, declaring independence from the Kingdom of Great Britain. Independence Day is commonly associated with fireworks, parades, barbecues, carnivals, fairs, picnics, concerts, baseball games, family reunions, political speeches and ceremonies, and …