Ala. Admin. Code r. 790-X-3-.15

Current through Register Vol. 42, No. 7, April 30, 2024

Section 790-X-3-.15 - Broker Supervision

Failure of a qualifying broker to properly supervise his/her company or those licensed under him/her shall include, but is not limited to, the following:

(1) Failing to maintain an active broker's license with the Commission and thereby compromising the licensing status of those licensed under the qualifying broker.

(2) Allowing a person not licensed by the commission to engage in activities requiring a license on behalf of the qualifying broker or company.

(3) Allowing a licensee to conduct licensed activity for a company under which the licensee is not licensed.

(4) Allowing a person to engage in activities requiring an active real estate license while that person's license is expired, inactive, pending transfer, suspended, or revoked.

(5) Failing to take action to ensure that a licensee complies with any restrictions or conditions placed upon that person's license.

(6) Directing or instructing a licensee to take any action in violation of state, federal, or local laws or regulations while conducting licensed activity.

(7) Failing to take action to prevent a new or existing licensee from violating state, federal, local or license law while conducting licensed activity, if the supervising broker or branch broker has actual knowledge or should reasonably have actual knowledge of the impending violation.

(8) Failing to timely take action to correct or mitigate a violation of license law or regulation after learning of the violation.

(9) Failing to ensure that all contracts and forms used by the licensee are reviewed for accuracy and compliance with applicable statutes, regulations, and office policies.

(10) Failing to ensure that all licensees can maintain reasonable and timely communication with the supervising broker, branch broker, or a competent designee.

(11) Failing to oversee and account for the proper handling of funds or property of others by the company or its licensees.

(12) Failing to ensure that the company's advertisements or its licensee's advertisements conform with license laws and regulations.

(13) Failing to provide an orientation for licensees newly affiliated with the company.

Ala. Admin. Code r. 790-X-3-.15

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Author: Alabama Real Estate Commission

Statutory Authority:Code of Ala. 1975, §§ 34-27-8.1, 34-27-32, 34-27-34, 34-27-36.