The
enforcement jurisdiction of the Alabama Real Estate
Commission extends
over persons and companies who have an Alabama real estate license, and to those who practice real estate without being properly licensed. The Commission may only impose of a fine, or
suspension or revocation or reprimand of a real estate
licensee. The Commission cannot order a licensee to pay over
or refund money, nor can it construe any contract or
agreement, or declare a breach of same, or require the
carrying out of same, nor determine any legal questions in
regard thereto. This must be done by the appropriate court
of law.
In cases where unlicensed activity is found the Commission may issue a cease and desist order and may impose fines.
Whenever a
formal complaint is filed the Commission
holds a formal hearing thereon. The place of the hearing is
determined by the commission, and considers the convenience
of any consumers involved as witnesses. At the hearing the
Commission submits evidence in support of the allegations of
violations of the License Law or a Commission Rule, and the
accused party may present evidence and cross-examine the
Commission's witnesses.
Any order
entered by the Commission as a result of such a hearing is
appealable to the circuit court of Alabama.
