§ 34-27-100. Definitions.

For the purposes of this article, the following terms shall have the following
meanings:
(1) ACTUAL INTRODUCTION. a. When the buyer, seller, landlord, or tenant
has been referred to the real estate licensee by the person or entity
seeking the referral fee prior to the time the customer has executed a real
estate brokerage services disclosure form or waived execution in writing
or the customer has executed a buyer's agency agreement, property
listing agreement, or a transaction brokerage agreement; or
b. For real estate transactions in which the law of this state does not
require the presentation of a real estate brokerage services disclosure
form, when the buyer, seller, landlord, or tenant has been referred to the
real estate licensee by the person or entity seeking the referral fee prior
to any contact between the buyer, seller, landlord, or tenant and the real
estate licensee during which their real estate business has been discussed.
(2) INTERFERENCE WITH A REAL ESTATE BROKERAGE RELATIONSHIP. Demanding a
referral fee from a real estate licensee when reasonable cause for payment
does not exist. The term ''interference with a real estate brokerage
relationship'' may also include a threat by a third party to reduce, withhold,
or eliminate any relocation or other benefits, or the actual reduction,
withholding, or elimination of any relocation or other benefit, in order to
generate a referral fee from a real estate broker when reasonable cause for
payment does not exist. Notwithstanding the foregoing, either of the
following shall not constitute interference with a real estate brokerage
relationship:
a. Communications between an employer or its representative and an
employee concerning relocation policies and benefits.
b. Advising a party of the right to allow a brokerage relationship to
expire pursuant to its own terms or not to renew the brokerage relationship
upon expiration.
(3) REAL ESTATE BROKERAGE RELATIONSHIP. A relationship entered into between
a real estate broker or salesperson and a buyer, seller, landlord, or
tenant under which the real estate broker or salesperson engages in any of
the acts set forth in Alabama real estate license law, but the relationship
does not exist prior to actual introduction of the relationship as provided in
subdivision (1).
(4) REASONABLE CAUSE FOR PAYMENT. When an actual introduction of business
has been made, a subagency relationship between brokers exists, a
contractual referral fee relationship or other agreement exists, or a contractual
cooperative brokerage relationship exists.
(5) REFERRAL FEE. Any fee or commission paid by a real estate licensee to
any person or entity, other than a cooperative commission offered by a
listing real estate broker to a selling real estate broker or by a selling real
estate broker to a listing real estate broker.

(Act 2000-210, p. 277, § 1.)