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Legal Articles

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  • Legal Line Overview
  • Contracts (9)
    • A Note From The Legal Helpdesk: Caveat Emptor for the Buyer's Agent October 24, 2017
    • A Note From The Legal Helpdesk: Caveat Emptor for the Seller's Agent October 31, 2017
    • Arbitration: A Guide December 4, 2025
    • Appraisal Issues: What Can I Do? September 22, 2020
    • Propane Tanks on Rural Property: Leased versus Owned September 15, 2020
    • Alabama Supreme Court Upholds As-Is Clause in Residential Purchase Agreement September 8, 2020
    • All Written Offers Must Be Presented to Your Client June 30, 2022
    • A Refresher on “As-Is” Contracts in Alabama June 18, 2026
    • Title Protection Options in the AAR Purchase Agreement June 18, 2026
  • Risk Management (17)
    • Foreign Property Ownership August 2, 2023
    • Guide to the Corporate Transparency Act August 25, 2026
    • REALTORS® Should Avoid Posting General Mortgage Comparisons December 1, 2022
    • A Note From The Legal Helpdesk: Cyber Security November 7, 2017
    • A Note From The Legal Helpdesk: 2018 Cyber Security Update and Alabama’s Data Breach Notification Law June 26, 2018
    • Identifying and Avoiding COVID-19 Scams March 26, 2020
    • How the Stay at Home Order Affects REALTORS® April 3, 2020
    • The Importance of Independent Contractor Agreements February 11, 2026
    • Social Media Do’s & Don’ts for REALTORS® July 28, 2020
    • Buyer’s Love Letters October 20, 2020
    • Property Sale Scams Resources March 5, 2024
    • The Dos and Don'ts of Social Media Advertising January 24, 2024
    • A RECAD Refresher October 29, 2025
    • FCC Rules Regarding Telemarketing March 21, 2025
    • Website Accessibility under the ADA for REALTORS® August 24, 2020
    • The Basic Ethics of AI in Real Estate April 10, 2026
    • Seller Property Condition Disclosures: Benefits, Risks, and Best Practices April 10, 2026
  • Disaster Relief (3)
    • A Note From The Legal Helpdesk: Q & A's Regarding Disaster Relief September 12, 2017
    • A Note From The Legal Helpdesk: Business Checklist for a Disaster or an Emergency October 2, 2018
    • Rental Assistance Now Available for Alabama Renters & Landlords March 2, 2021
  • Dispute Resolution (2)
    • A Note From The Legal Helpdesk: Alternative Dispute Resolution- "A Useful Tool" January 31, 2018
    • A Note From The Legal Helpdesk: Arbitration for the REALTOR® February 6, 2018
  • Landlord & Tenant (7)
    • A Note From The Legal Helpdesk: A General Overview of Alabama’s Laws on Landlords and Tenants March 13, 2018
    • Alabama Realtors® Asks Governor Ivey to Establish Rental Assistance Program; NAR Asks Congress for Rental Relief November 17, 2020
    • Terminix Settlement Update – Process in Place February 9, 2021
    • Rental Assistance Now Available for Alabama Renters & Landlords March 2, 2021
    • REALTORS® Argue Against Eviction Moratorium in Court May 4, 2021
    • Terminix to Pay $60 Million in Coastal Alabama Termite Claims Settlement November 10, 2020
    • Eviction Moratorium Struck Down – Alabama REALTORS® vs. Centers for Disease Control August 31, 2021
  • License Law (16)
    • A Note from the Legal Helpdesk: A Primer on Alabama Contract Law May 7, 2019
    • A Note From The Legal Helpdesk: Earnest Money Issues September 26, 2017
    • A Note From The Legal Helpdesk: How to File a Complaint with the Alabama Real Estate Commission (AREC) October 17, 2017
    • NAR and DOJ Reach Anti-trust Settlement November 24, 2020
    • AREC Holds February Meeting – Seats New Commissioners February 22, 2022
    • Common Violations & Tips for Dealing with the Alabama Real Estate Commission July 31, 2020
    • All Written Offers Must Be Presented to Your Client June 30, 2022
    • Website Accessibility under the ADA for REALTORS® August 24, 2020
    • AREC Holds August Meeting August 23, 2021
    • Now Accepting Nominations for AREC Commissioner Seat, District 5 November 30, 2021
    • AREC Holds First Meeting of Year January 25, 2022
    • Things to Consider When a Licensee Changes Companies April 28, 2025
    • A Note from the AAR Legal Team: Texting & Emailing Offers June 27, 2025
    • The Dos and Don'ts of Social Media Advertising January 24, 2024
    • A Note from the Legal Helpdesk: A Primer on Alabama Contract Law May 13, 2019
    • The Alabama Property Protection Act of 2026 August 21, 2026
  • Property Laws (14)
    • A Note From The Legal Helpdesk: Caveat Emptor for the Buyer's Agent October 24, 2017
    • A Note From The Legal Helpdesk: Caveat Emptor for the Seller's Agent October 31, 2017
    • A Note From The Legal Helpdesk: Right of Redemption in Alabama March 20, 2018
    • A Note From The Legal Helpdesk: The Power of Eminent Domain May 9, 2018
    • A Note From The Legal Helpdesk: Inverse Condemnation - When Private Property is Taken Without Just Compensation May 15, 2018
    • Alabama Realtors® Challenges CDC Eviction Moratorium in Federal Court November 24, 2020
    • Alabama Realtors® Asks Governor Ivey to Establish Rental Assistance Program; NAR Asks Congress for Rental Relief November 17, 2020
    • Escalation Clauses – Do’s and Don’ts June 15, 2021
    • Alabama REALTORS® Applauds AL Supreme Court Decision on Property Rights and Development July 1, 2021
    • Eviction Moratorium: Small Housing Providers Head Back to Court August 5, 2021
    • Eviction Moratorium Struck Down – Alabama REALTORS® vs. Centers for Disease Control August 31, 2021
    • A Note From The Legal Helpdesk: A Primer on Opportunity Zones for Alabama REALTORS® March 18, 2019
    • A Note From The Legal Helpdesk: Property Taxes in Alabama June 5, 2018
    • A Note From The Legal Helpdesk: A Look at Basic Property Concepts and Issues That Can Arise When Transferring Property in Alabama August 7, 2018
  • Q & A (20)
    • A Note From The Legal Helpdesk: REALTOR® Submitted Questions October 3, 2017
    • A Note From The Legal Helpdesk: Queries From The Field November 28, 2017
    • A Note From The Legal Helpdesk: Queries From The Field February 20, 2018
    • A Note From The Legal Helpdesk: Queries From the Field March 26, 2019
    • Recent Legal Line Questions August 20, 2025
    • Notes From the Field: Recent Legal Helpdesk Questions August 2, 2023
    • Recent Legal Helpdesk Questions January 24, 2024
    • Notes from the Field: Recent Legal Helpdesk Questions October 25, 2023
    • Fair Housing Legal Line Questions April 17, 2024
    • Recent Legal Line Questions December 4, 2025
    • Recent Legal Line Questions December 19, 2024
    • Recent Legal Line Questions June 27, 2025
    • Recent Legal Line Questions April 28, 2025
    • A Note from the Legal Helpdesk: Queries from the Field October 9, 2018
    • Recent Legal Line Questions July 17, 2024
    • Recent Legal Line Questions October 29, 2025
    • Recent Legal Line Questions February 11, 2026
    • Recent Legal Line Questions April 10, 2026
    • Recent Legal Line Questions June 18, 2026
    • Recent Legal Line Questions August 26, 2026
  • Regulatory (45)
    • State Land Bank Authority Holds Organizational Meeting August 27, 2018
    • State Board of Education Report November 13, 2018
    • Report from Meeting of Alabama Ethics Commission June 17, 2019
    • Two Projects Approved for Historic Tax Credit November 3, 2020
    • Alabama Real Estate Commission Holds September Meeting September 28, 2020
    • AREC Held August Meeting – License Renewal Deadline Looms August 25, 2020
    • AL Dept. of Insurance Creates New Division for Natural Disasters and Wind and Flood Mitigation May 19, 2020
    • AREC Holds February Meeting – Seats New Commissioners February 22, 2022
    • AREC Meets, Discusses Sunset Committee Review July 28, 2020
    • AREC Meets - Conducts Hearings on Complaints June 29, 2020
    • Public Comment Period Open for Rule Amendment on CE June 8, 2020
    • Alabama Realtors® Asks Governor Ivey to Establish Rental Assistance Program; NAR Asks Congress for Rental Relief November 17, 2020
    • NAR’s Board Amends Code of Ethics and MLS Rules for Discriminatory Conduct November 17, 2020
    • AREC Appoints New Chair, Vice Chair November 2, 2020
    • Common Violations & Tips for Dealing with the Alabama Real Estate Commission July 31, 2020
    • AREC Holds April Meeting April 27, 2021
    • NAR and DOJ Reach Anti-trust Settlement November 24, 2020
    • AREC Holds May Meeting May 25, 2021
    • AREC Meets – Considers New Regulations, Wholesaling June 29, 2021
    • DOJ Files Notice of Withdrawal of Consent to November 2020 Code of Ethics, MLS Policies Agreement July 6, 2021
    • AREC - August Meeting Update August 23, 2022
    • AREC Holds August Meeting August 23, 2021
    • AREC Holds Public Hearing at September Meeting September 28, 2021
    • AREC Holds October Meeting October 18, 2021
    • Now Accepting Nominations for AREC Commissioner Seat, District 5 November 30, 2021
    • AREC Holds First Meeting of Year January 25, 2022
    • Now Accepting Nominations for AREC Commissioner Position, District 1 July 14, 2025
    • Now Accepting Nominations for AREC Commissioner Position, District 6 July 14, 2025
    • Now Accepting Nominations for AREC Commissioner Position, District 3 July 14, 2025
    • AREC: Notice of Public Hearing on Proposed Rule Amendments June 3, 2016
    • Senate Confirms New Real Estate Commissioner May 23, 2017
    • Now Accepting Nominations for AREC Commissioner Position, African American at Large Seat January 30, 2023
    • AREC Holds First Meeting of 2023 – Bad E-check Cases Continue January 24, 2023
    • Now Accepting Nominations for AREC Commissioner Seat, District 4 May 31, 2022
    • New Real Estate Commissioner Sworn in, Chair & Vice Chair Re-elected April 4, 2017
    • The Alabama Real Estate Commission Proposes New Administrative Rule for Consideration May 9, 2017
    • Alabama Real Estate Commission Meets, Holds Legislative Planning Meeting September 5, 2017
    • Alabama Real Estate Commission Meets Last Week, Receives Audit Results April 25, 2017
    • AREC Holds First Meeting of 2025 January 21, 2025
    • AREC Holds February 2025 Meeting February 24, 2025
    • State Board of Education Report September 17, 2018
    • Alabama Public Service Commission Meeting Report September 11, 2018
    • Alabama Credit Union Administration Board Report September 10, 2018
    • New FinCEN Reporting Requirements for Non-Financed Real Estate Transactions February 11, 2026
    • Information for Housing Providers Participating in the Housing Choice Voucher Program March 2, 2026
  • Taxes & Licenses (14)
    • 2025 Tax Breaks for Homeowners: What’s Changed and What Still Applies February 9, 2026
    • REALTOR® and Homeowners' Guide to Tax Season March 19, 2019
    • A Note From The Legal Helpdesk: Taxes and Fees Audits November 21, 2017
    • A Note From The Legal Helpdesk: Business License Fees December 5, 2017
    • A Note From The Legal Helpdesk: Property Taxes in Alabama June 5, 2018
    • AREC Holds February Meeting – Seats New Commissioners February 22, 2022
    • Homeowner Tax Perks: What to Know Before You File March 17, 2022
    • NAR and DOJ Reach Anti-trust Settlement November 24, 2020
    • Two Projects Approved for Historic Tax Credit November 3, 2020
    • Homeowners Celebrate Tax Season: 10 Tax Tips You Need to Know February 23, 2021
    • Taxes 101: What to Know Before You File March 7, 2023
    • AREC Holds First Meeting of Year January 25, 2022
    • Property Tax 101: What Alabama’s New Property Tax Cap Means for Homeowners September 17, 2024
    • Your Guide to Homeownership Tax Savings for 2024 February 18, 2025
  • Transactions (18)
    • A Note from the Legal Helpdesk: A Primer on Alabama Contract Law May 13, 2019
    • A Note from the Legal Helpdesk: A Primer on Alabama Contract Law May 7, 2019
    • A Note From The Legal Helpdesk: Caveat Emptor for the Buyer's Agent October 24, 2017
    • A Note From The Legal Helpdesk: Caveat Emptor for the Seller's Agent October 31, 2017
    • A Note From The Legal Helpdesk: Closing Disclosures – Sharing with Real Estate Agents November 14, 2017
    • A Note From The Legal Helpdesk: Money Laundering and Real Estate Transactions January 2, 2018
    • Propane Tanks on Rural Property: Leased versus Owned September 15, 2020
    • Alabama Supreme Court Upholds As-Is Clause in Residential Purchase Agreement September 8, 2020
    • Escalation Clauses – Do’s and Don’ts June 15, 2021
    • Appraisal Issues: What Can I Do? September 22, 2020
    • All Written Offers Must Be Presented to Your Client June 30, 2022
    • Who Can Pay an Alabama Salesperson or Associate Broker? December 4, 2025
    • A Note from the AAR Legal Team: Texting & Emailing Offers June 27, 2025
    • A Note From The Legal Helpdesk: Earnest Money Issues September 26, 2017
    • Buyer’s Love Letters October 20, 2020
    • Timelines and Deadlines for Purchase Agreements February 17, 2025
    • A Note From The Legal Helpdesk: A Look at Basic Property Concepts and Issues That Can Arise When Transferring Property in Alabama August 7, 2018
    • Client Privacy in the Digital Age March 23, 2026
Caselaw Update: Supreme Court Upholds Arbitration Provision

Caselaw Update: Supreme Court Upholds Arbitration Provision

June 8, 2021
In a win for small businesses, the Alabama Supreme Court recently upheld an arbitration provision in an agreement between two homebuyers and a home inspector. Read more here.
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Alabama Realtors® Challenges CDC Eviction Moratorium in Federal Court

Alabama Realtors® Challenges CDC Eviction Moratorium in Federal Court

November 24, 2020
The Alabama Association of REALTORS® (AAR) has filed a legal challenge to the Centers for Disease Control and Prevention’s (CDC) Eviction Moratorium (Moratorium) in the United States District Court for the ...
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Terminix to Pay $60 Million in Coastal Alabama Termite Claims Settlement

Terminix to Pay $60 Million in Coastal Alabama Termite Claims Settlement

November 10, 2020
Last week, the Alabama Attorney General’s Office announced a $60 million settlement with Terminix over its termite treatment practices in Mobile, Baldwin and Monroe counties.
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Buyer’s Love Letters

Buyer’s Love Letters

October 20, 2020
In this competitive bidding market for real estate, buyers are often looking for a way to make their offer stand out.
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Appraisal Issues: What Can I Do?

Appraisal Issues: What Can I Do?

September 22, 2020
Appraisals coming in below the expected value or contract price can be a huge impediment to a pending home sale. Sellers can take steps to avoid an unexpectedly low appraisal but ...
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Propane Tanks on Rural Property: Leased versus Owned

Propane Tanks on Rural Property: Leased versus Owned

September 15, 2020
Rural properties commonly have a propane tank if a residence is on the property. When these properties are for sale, there is often confusion around the issue of who owns the ...
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Alabama Supreme Court Upholds As-Is Clause in Residential Purchase Agreement

Alabama Supreme Court Upholds As-Is Clause in Residential Purchase Agreement

September 8, 2020
REALTORS® applaud the Alabama Supreme Court for a unanimous decision last week upholding the right to contract and providing stability for real estate professionals and buyers and sellers.
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Website Accessibility under the ADA for REALTORS®

Website Accessibility under the ADA for REALTORS®

August 24, 2020
Lawsuits or letters threatening litigation over website accessibility continue to proliferate the real estate industry. The Americans with Disabilities Act (ADA) requires certain businesses to make their websites accessible to those ...
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Common Violations & Tips for Dealing with the Alabama Real Estate Commission

Common Violations & Tips for Dealing with the Alabama Real Estate Commission

July 31, 2020
Going before the Alabama Real Estate Commission (AREC) for any reason is likely not on your bucket list. The Commission, the governmental entity charged by the Legislature with enforcing licensing laws, ...
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Social Media Do’s & Don’ts for REALTORS®

Social Media Do’s & Don’ts for REALTORS®

July 28, 2020
As the social media landscape evolves, the rewards are rising, but so are the risks. You should be aware of these concerns as you create content for public view. Take the ...
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Alabama Association of REALTORS

The Alabama Association of REALTORS® (AAR) is the largest statewide organization of real estate professionals comprised of over 18,000 members from 23 boards and 1,200 real estate companies. United by adherence to a Code of Ethics, our members work as real estate professionals in the sale, lease, appraisal, management and development of residential, commercial, rural, and resort properties throughout Alabama.

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