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Online Real Estate Platforms

Ala. Code tit. 8, ch. 19J
in effect

Ala. Code § 8-19J-1 Definitions.

8-19J-1. Definitions. For the purposes of this chapter, the term “online real estate platform” means: (i) a digital media platform whose primary business purpose is to publicly advertise real estate for sale or lease; or (ii) a real estate website whose primary purpose is publicly advertising real estate for sale or lease. For purposes of this chapter, an online real estate platform does not include: (1) Nonpublic websites, portals, list serves, social media websites, or news sites; (2) Multiple listing services operated by or on behalf of licensed real estate brokers and accessible only to licensed real estate professionals and their clients; or (3) Internal business tools that do not provide a public-facing listing search experience to the general public. (Act 2026-536, §3.)

Ala. Code § 8-19J-2 Listing Requirements; Third-Party Services.

8-19J-2. Listing Requirements; Third-Party Services. (a) For a listing that originates from an online real estate platform through a direct contract with the property owner and is not first listed with a licensed real estate broker, real estate brokerage, or multiple listing service, the platform shall require the following before publishing, hosting, advertising, or otherwise publicly disseminating real property for sale or lease: (1) A copy of the owner’s government-issued identification that is unexpired and includes the individual’s photograph, name, and address. (2) A copy of the official county recorder’s records showing the owner of record, a copy of the deed to the real property with the owner’s name, a title history, or a last will and testament. (b) An online real estate platform may satisfy the requirements of this section by using a third-party identity or title verification service. (Act 2026-536, §3.)

Ala. Code § 8-19J-3 Display, Etc., of Interior Photos or Videos of Certain Real Property; Removal Requests.

8-19J-3. Display, Etc., of Interior Photos or Videos of Certain Real Property; Removal Requests. (a) An online real estate platform may display, publish, host, advertise, or otherwise distribute interior photos or videos of real property that is not currently listed for sale, subject to the requirements of this section. (b) The current owner of record of real property may submit a written request to an online real estate platform to remove interior photos or videos of the owner’s property from public display. (c) Upon receipt of a request submitted pursuant to subsection (b), the online real estate platform shall: (1) Verify the identity and ownership status of the requesting party through reasonable means; and (2) Remove the interior photos or videos from public display within 30 days after verification of ownership. (d) Nothing in this section shall require an online real estate platform to remove interior photos or videos absent a request from the current property owner. (e) This section shall not be construed to prohibit the retention of interior photos or videos for archival, legal compliance, fraud prevention, or internal business purposes, provided such photos or videos are not publicly displayed after a valid removal request. (Act 2026-536, §3.)

Ala. Code § 8-19J-4 Rebuttable Presumption of Reasonableness; Limitations of Actions; Liability.

8-19J-4. Rebuttable Presumption of Reasonableness; Limitations of Actions; Liability. (a) An online real estate platform that complies with the practices outlined in Sections 8-19J-2 and 8-19J-3 shall create a rebuttable presumption that the platform acted reasonably. Such adherence does not preclude administrative action by the commission. The existence of the presumption shall be a question of law for the court and may be determined on a motion for summary judgment. (b) An action under this chapter against an online real estate platform must be commenced not later than four years after the date the transfer is recorded in the public record. (c) An online real estate platform may not be liable for negligence arising from a syndicated listing or from an intermediary agent or broker that fails to obtain property documentation before listing real property. (Act 2026-536, §3.)

Ala. Code § 8-19J-5 Applicability to Internet Service Providers, Etc.

8-19J-5. Applicability to Internet Service Providers, Etc. No Internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be considered to have violated this chapter solely for providing access or connection to or from a website, to content on the Internet, or to a facility, system, or network not under that provider’s control, including transmission, download, intermediate storage, or access software. (Act 2026-536, §3.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026

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