Broker Guide

What does a qualifying broker do?

A qualifying broker is the one licensee who is legally answerable for everything a real estate brokerage does. The role is not honorary and it is not purely administrative: the qualifying broker supervises every affiliated licensee, writes and maintains the company's office policies, controls the trust accounts that hold other people's money, reviews advertising before it runs, and is responsible for records being complete and retained. If an affiliated salesperson mishandles earnest money or runs a misleading ad, the Alabama Real Estate Commission looks at the qualifying broker.
Last reviewed August 6, 2026

Supervision is an active duty, not a title

Supervision means knowing what your licensees are actually doing and correcting it early. In practice that means a written, repeatable plan rather than an open-door policy: scheduled reviews of the contracts and forms your licensees produce, regular check-ins, and a documented meeting cadence where policy changes and law updates are explained.

Review frequency should scale to risk. A brand-new salesperson closing a first purchase contract needs a closer read than a fifteen-year veteran doing a routine renewal, and a complex or unusual transaction deserves attention regardless of who wrote it. Weekly, bi-weekly and monthly are all defensible cadences — what is not defensible is having no plan at all.

The written agreement with each licensee

Every affiliated licensee should have a signed written agreement on file that states the relationship — independent contractor or employee — and spells out the supervision structure, how compensation works, which company forms and systems must be used, what records the licensee is expected to keep, how advertising gets approved, and the requirement to follow office policy.

Keep that agreement signed and immediately retrievable. It is the document that demonstrates the licensee was properly onboarded and told what the company requires.

Policies the office must actually have

Alabama requires a written agency disclosure office policy under the Real Estate Consumers and Agency Disclosure Act, and the qualifying broker must give every licensee a copy and explain it at least once a year. Beyond that legal floor, a well-run brokerage maintains written policies on advertising, signage, social media, trust funds, safety, technology and electronic communications, teams, and transactions in which a licensee has a personal ownership interest.

A policy that exists but is never distributed, explained or acknowledged is worth very little in an audit. The acknowledgment record is the part that proves the policy was implemented.

Money, advertising and records

The qualifying broker is ultimately responsible for all escrow accounts holding earnest money, including funds that reach the hands of associate brokers or salespersons working under the broker. Advertising is the same story: ads must be truthful, must not mislead, and must identify the brokerage — and the broker owns the review process that makes that true.

Records are the third leg. Alabama requires brokers to retain transaction records for three years, and that includes deals that fell apart and offers that were rejected. Records must be kept secure at the broker's place of business and be producible on short notice.

Unlicensed staff are the broker's problem too

Unlicensed assistants can do a great deal of legitimate work, but the boundary between clerical support and licensed activity is a bright line and the qualifying broker is responsible for keeping staff on the right side of it. Train to the list, put it in writing, and check on it.

Frequently asked questions

Is the qualifying broker responsible for what an affiliated agent does?
Yes. Alabama Real Estate Commission Rule 790-X-3-.03 makes the qualifying broker ultimately responsible for escrow accounts and any money belonging to others that comes into the hands of licensees working under the broker, and supervision duties extend to the licensees' transactions and advertising as well.
How often should a broker review licensees' contracts?
There is no single mandated interval. The expectation is a defined, written plan — weekly, bi-weekly or monthly — with frequency scaled to the licensee's experience and the complexity of the transaction, and with each review documented.
Does a brokerage have to have a written agency disclosure policy?
Yes. Alabama License Law requires every broker involved in a real estate transaction to maintain a written agency disclosure office policy listing the brokerage service arrangements the company's licensees may offer, and the qualifying broker must give each licensee a copy and explain it at least annually.
How long must a brokerage keep transaction records?
Three years, under §34-27-36(a)(31) — and the requirement covers failed transactions and rejected offers, not just closed deals.

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