Yes. Alabama law does not limit prepaid rent but only limits how much money a landlord may demand or receive as security for a tenant’s obligations under a rental agreement. A landlord can require a security deposit only up to one month’s rent with a few exceptions for pets, changes to the premises or increased liability risks. The lease should clearly differentiate the prepaid rent from the security deposit to prevent confusion. Also, the funds must be put in trust in compliance with the Alabama Real Estate License Laws and regulations. Law: Ala. Code § 35-9A-201; Ala. Admin. Code R. 790-x-3-.03

A: Yes, it is likely against federal anti-trust laws to either pay someone or to receive payment to not bid on real estate at a public auction. The Sherman Act, and other federal laws like the Clayton Act, are considered the federal anti-trust laws. The Sherman Act specifically prohibits any agreement among competitors to fix prices, rig bids, or engage in other anti-competitive activity. Bid-rigging, such as by paying someone or receiving payment not to bid at a public auction, has been prosecuted as unlawful, anti-competitive behavior. Please see below for several articles with more information as well as a recent case in Mobile, AL. >>https://www.justice.gov/atr/price-fixing-bid-rigging-and-market-allocation-schemes >>https://www.justice.gov/opa/pr/alabama-real-estate-investor-sentenced-bid-rigging-and-fraud-public-foreclosure-auctions

A: Yes. NAR has great material on pocket listings. Basically, pocket listings can conflict with your MLS rules, can be unethical and/or illegal in certain circumstances, especially when the REALTOR® is the one pushing it as an option, and, due to the situation-specific chance of illegality and/or ethical impropriety, should be scrutinized closely. If you have a question about a specific situation, I recommend consulting an attorney familiar with federal and state real estate law.

A: Yes, but only in certain circumstances. A listing agent/broker must comply with federal and state laws and NAR Code of Ethics on anti-discrimination when showing a house. Thus, a listing agent or broker cannot discriminate against a protected class by refusing to show a house to someone because of the particular, protected class, such as race, religion, national origin, age, disability, familial status or sex. If a client requests a listing agent or broker to discriminate against a protected class, the listing agent or broker would violate the law if he or she adheres to the request. Also, a listing agent/broker has ethical and statutory duties to his or her client, and a unilateral decision not to show a house to a prospective buyer can violate these duties. That being said, limitations are allowed in certain circumstances. For example, showings can be limited to potential buyers who are pre-qualified for a loan, as long as a particular lender is not required. Also, REALTORS® should always be mindful of their safety and the safety of their clients, so personal safety should always be a consideration when showing a house.