Alabama 2025 Regular Session

Alabama Senate Bill SB212

Introduced
3/4/25  
Refer
3/4/25  
Report Pass
3/5/25  
Engrossed
4/16/25  
Refer
4/17/25  

Caption

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

Impact

The bill's amendments are expected to significantly impact real estate practices in Alabama by enhancing consumer protection. By clarifying the duties of brokers and the conditions under which real estate transactions must be conducted, SB212 seeks to reduce confusion and potential misconduct among licensees. This will likely lead to stricter compliance with licensing laws and potentially lower instances of fraud. Furthermore, the introduction of penalties and defined roles within real estate teams aims to ensure greater transparency and accountability, which may improve consumer trust in the real estate market.

Summary

SB212 aims to amend various sections of the Code of Alabama 1975 concerning real estate transactions. It introduces clearer definitions and regulations on brokerage agreements, the responsibilities of real estate licensees, and the conduct of real estate teams. The bill emphasizes consumer disclosure, detailing when written agreements are required and outlining the penalties for violations of these regulations. Additionally, it establishes new provisions for licensees acting in teams, ensuring accountability in advertising and operations while removing the necessity for teams to register as separate entities.

Sentiment

The general sentiment surrounding SB212 appears to be supportive among stakeholders who prioritize consumer protection and transparency in real estate transactions. Supporters argue that by establishing clear guidelines and penalties, the bill strengthens the regulatory framework for real estate practices. However, there may be concerns from some licensees regarding the increased regulatory burden and the implications of such strict guidelines on their operational flexibility. Overall, there is a recognition that while compliance may require additional effort, the long-term benefits of protecting consumers and maintaining professional integrity are significant.

Contention

Notable points of contention revolve around the potential implications of the new regulations for real estate teams. The requirement for transparency in advertising and team roles may lead to debates among real estate professionals about the practicality and necessity of such oversight. Additionally, some industry members may find the penalties for violations too stringent, arguing that they could hinder honest agents from operating freely. Nevertheless, supporters argue that these measures will ultimately foster a more equitable and trustworthy real estate environment in Alabama.

Companion Bills

AL HB382

Same As Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

Previously Filed As

AL HB13

Real estate professionals, licensing requirements, limitations and penalties related to duration of residential listing agreements, requirements and penalties related to disclosure of equitable interests in contracts, limits transactions with licensed out of state professionals.

AL HB492

Real estate professionals, licensing requirements, limitations and penalties related to duration of residential listing agreements, requirements and penalties related to disclosure of equitable interests in contracts, limits transactions with licensed out of state professionals.

AL HB3

Real estate commission; real estate brokers, companies, salespersons; training, qualifications licensure; penalties for certain licensee conduct; required disclosures, prohibited conduct

AL HB235

Scope of practice of architecture and duties of board

AL HB404

Electronic Security Board of Licensure, requirements for licensing, procedures for operating provided

AL SB254

ATV parks, provides for permitting, inspection, operation, and fines for violations

AL HB403

ATV parks, provides for permitting, inspection, operation, and fines for violations

AL SB236

Certificate of Need, exempt health care institutions and services in rural areas from requirement

AL SB131

Alabama Behavior Analyst Licensing Board, continued pursuant to Sunset Law until October 1, 2026; Department of Mental Health required to provide certain services and personnel for operation of board

AL SB51

Alabama Memorial Preservation, memorializing marker required under certain circumstances, failure of committee to act results in denial of waiver, fine revised, and duties of Attorney General specified

Similar Bills

AL HB382

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

NJ S3192

"Real Estate Consumer Protection Enhancement Act."

NJ A4454

"Real Estate Consumer Protection Enhancement Act."

NJ S4496

Prohibits imposition of costs of certain realtor services on residential tenants.

NJ A5829

Prohibits imposition of costs of certain realtor services on residential tenants.

AL HB3

Real estate commission; real estate brokers, companies, salespersons; training, qualifications licensure; penalties for certain licensee conduct; required disclosures, prohibited conduct

VA HB1684

Real estate brokers and salespersons; duties, licensees engaged by buyers.

VA SB1309

Real estate brokers and salespersons; duties, licensees engaged by buyers.