Flagrant Course of Misrepresentation

Continuing with violations of Alabama License Law that result in disciplinary action, I would like to focus on section §36-27-36 (a) (5) which states, “Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salespersons or any medium of advertising or otherwise.” This violation deals with continuing to violate a statute after learning …

Making False Promises is Against the Law

Continuing our examination of Alabama License Law violations that result in disciplinary action, real estate agents making false promises to people buying or selling real property is very serious. Alabama License Law Section §34-27-36 (a) (4) states; “Making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement. One …

Things A Buyer Should Know About Agency

According to Statutory Law of the State of Alabama, A real estate broker is a fiduciary and holds a position of trust and confidence. He cannot put himself in a position antagonistic to his principal’s interest, by fraudulent conduct, acting adversely to his client’s interests, or by failing to communicate information he may possess or acquire which is or may …

Material Misrepresentation—A Legal Issue

Alabama License Law Section §34-27-36 (a) (3).  Making a material misrepresentation, or failing to disclose to a potential purchase or lessee any latent structural defect or any other defect known to the licensee. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a …

Misrepresentation by Real Estate Agents

Alabama real estate licensees are governed by the Alabama Real Estate Commission; which specifically enforces the Alabama License Law. Over the next few weeks I will cover various topics of the Alabama License Law where violations occur that ends by disciplinary action taken by the Commission. Today we are focusing on Section §34-27-36 (a) (2) of the Alabama License Law …

“CAUTION”—Realtors ® pay attention

I am writing to all Realtors® because I see constant violations of laws, rules, regulations, and ethics of both State of Alabama and the federal government. To use one of my favorite phrases, “if you’re driving down a highway and look in the rear view mirror to see a blue light flashing; it’s too late to be concerned about how …

“IN GOD WE TRUST–Do We?

I seldom take such a drastic stance by writing articles like this but I believe it is that important. I just returned last night from a business trip to Austin, Texas. This morning I had hundreds of emails. One of them was forwarded to me from a very good friend of mine. An alarm sounded in my head!  I first …

Real Estate Buyers – Know What You’re Signing

“AS IS” Term Can Cost You A Fortune I don’t mean to scare anyone but as a real estate educator, trainer, and coach, I feel a responsibility to everyone that might buy real estate in Alabama sometime in the future that you should be told about your legal rights and obligations. If you are former students of our school you …

Contracts To Purchase Real Estate

Real Estate Agents Want to Know One of my standard continuing education classes is Contract Law. It never fails that when I’m marketing my CE classes, people ask, “Why don’t you teach something more exciting like social networks, or something that will help us to get more business?” My come back is usually, “I have those classes in my training …

Quadrennial Code of Ethics

The National Association of Realtors was formed in 1908. And then in 1913, established the Professional Standards for Conduct. These are standard we refer to as the Code of Ethics. The National Association of Realtors requires all its members to take a special, updated version of the Code of Ethics every four years. These same standards were later the basis …