Alabama § 34-27-34 - [Effective October 1, 2028] Who May Serve as Qualifying Broker; Responsibility of Qualifying Broker; Change of Broker; Termination of Qualifying Broker’s Status.

§ 34-27-34. [Effective October 1, 2028] Who May Serve as Qualifying Broker; Responsibility of Qualifying Broker; Change of Broker; Termination of Qualifying Broker’s Status.

(a)(1) A person licensed as a broker in this state may serve as a qualifying broker over a salesperson or an associate broker if all of the following conditions are satisfied:

a. Real estate is his or her principal business.

b. He or she is in a position to supervise the real estate activities of the salesperson or associate broker on a full-time basis.

c. He or she has held an active broker license for at least 24 of the last 36 months.

d. He or she has completed a 15-hour qualifying broker course approved by the commission.

(2) A person licensed as a qualifying broker or equivalent in another state who has obtained a reciprocal broker license in Alabama may serve as a qualifying broker over a salesperson or associate broker if all of the following conditions are satisfied:

a. Real estate is his or her principal business.

b. He or she is in a position to supervise the real estate activities of the salesperson or associate broker on a full-time basis.

c. He or she has held an active broker license or equivalent for at least 24 of the last 36 months.

d. He or she has completed the six-hour course required in Section 34-27-32(c)(1).

(3) A person licensed as a broker in another state who is not a qualifying broker may serve as a qualifying broker over a salesperson or associate broker in Alabama if all of the following conditions are satisfied:

a. Real estate is his or her principal business.

b. He or she is in a position to supervise the real estate activities of the salesperson or associate broker on a full-time basis.

c. He or she has held an active broker license or equivalent for at least 24 of the last 36 months.

d. He or she has completed a 15-hour qualifying broker course approved by the commission.

(4)a. A salesperson or associate broker shall not perform acts for which a license is required unless licensed under a qualifying broker.

b. A qualifying broker shall be responsible to the commission and to the public for all acts governed by this chapter of each salesperson and associate broker licensed under him or her and of each company for which he or she is the qualifying broker. The qualifying broker shall see that all transactions of every licensee engaged by him or her or any company for which he or she is the qualifying broker comply with this chapter.

c. A qualifying broker shall be responsible to an injured party for the damage caused by any violation of this chapter by any licensee engaged by the qualifying broker. This subsection does not relieve a licensee from liability that he or she would otherwise have.

d. The qualifying broker’s supervision responsibilities, as prescribed herein, over the real estate activities of associate brokers and salespersons licensed under him or her are not intended to and should not be construed as creating an employer-employee relationship contrary to any expressed intent of the qualifying broker and licensee to the contrary.

(b)(1) Any salesperson or associate broker who desires to change his or her qualifying broker shall give notice in writing to the commission, and shall send a copy of the notice to his or her qualifying broker. In order to transfer a license, the applicant’s new qualifying broker shall acknowledge to the commission that the applicant is in his or her opinion honest, trustworthy, and of good reputation and that the broker accepts responsibility for the actions of the salesperson as set out in this section.

(2) On payment of a fee of twenty-five dollars ($25), a new license shall be issued to the new qualifying broker on behalf of the salesperson or associate broker for the unexpired term of the original license. A fee of twenty-five dollars ($25) shall also be charged for any of the following license changes:

a. Change of qualifying broker by a company or sole proprietorship. The fee is paid for the license or licenses on which the current and new qualifying brokers’ names appear. In cases where a company has a branch office or offices and the main office qualifying broker is changed, the fee is paid for each branch office license and for the license of each branch qualifying broker. The new qualifying broker shall notify the commission of this change, in writing, within 30 days after the change.

b. Change of personal name of a qualifying broker. The fee is paid for the license or licenses on which the current qualifying broker’s name appears.

c. Change of personal name of a salesperson or associate broker. The fee is paid for the license on which the name appears.

d. Change of business location. The fee is paid for the license or licenses on which the address appears.

e. Change of business name. The fee is paid for the license or licenses on which the name appears.

f. Change of status from inactive to active. The fee is paid for each license being changed from inactive to active status. No fee is charged for the change from active to inactive status.

(c) A qualifying broker who wishes to terminate his or her responsibility for a licensee may do so by notifying the licensee and placing the licensee’s license on inactive status with the commission.

(d) A person who wishes to terminate his or her status as a qualifying broker for a company may do so by submitting written notice to the company or, when applicable, the qualifying broker or an officer of the parent company and the commission.

(e) A salesperson or associate broker shall not perform any act for which a license is required after his or her association with his or her qualifying broker has been terminated, or if he or she changes qualifying brokers, until a new active license has been issued by the commission.