790-X-1-.03. License Requirements.

(1) Code of Ala. 1975, § 34-27-2(b)(1), exempts owners of real property
from the licensing requirements of Articles 1 and 2 of Chapter 27 when
managing his own property or consummating a real estate transaction involving
his own property. As used in Code of Ala. 1975, § 34-27-2(b)(1), the term
''owner'' is defined as the individual owner himself, or in the case of a
corporation or partnership, a partner or corporate officer, who has authority
to and does make management decisions affecting the overall policy of the
corporation or partnership.
(2) Any person who elects to become licensed as a broker or salesman may
advertise property of which he is the owner in the same way as any private
party. However, such a licensee must abide by all of the other provisions of
the law and the rules promulgated by the Commission in any and all real
estate transactions in which he may be involved, whether the subject property
is his own, the property of his spouse, child, parent, or is the property of a
member of the public. If a person licensed as a broker or salesman chooses to
advertise his own property as if he is a licensed broker or salesman, then all
such advertising as well as all other activities involving such property must be
conducted strictly in accordance with Chapter 27 of Title 34, Code of Ala.
1975, and the rules promulgated by the Alabama Real Estate Commission.
(3) Code of Ala. 1975, § 34-27-30(5), requires that one who auctions, or
offers or attempts or agrees to auction real estate must be licensed under
Articles 1 and 2. Persons commonly referred to as ''ground men'' are not
required to be licensed, provided their activities shall be limited to relaying
crowd participation bids to the auctioneer.

Statutory Authority:

Code of Ala. 1975, §§ 34-27-2, 34-27-8,
34-27-30.

History:

Filed September 30, 1982. Amended: Filed
August 15, 1985.