Ala. Code §35-8A-401
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Alabama Uniform Condominium Act — Purchaser Protection Applicability; Waiver
Article 4 (purchaser protection) applies to all units subject to the act. Exceptions: dispositions to persons in the business of selling real estate (with transferred disclosure responsibility), contracts cancellable at any time without penalty, and time-share interests. Neither an offering statement nor a resale certificate is required for these exempt transactions.
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Statutory Text
Verified Aug 9, 2026 · OTHER
Section 35-8A-401 Applicability; Waiver. (a) This article applies to all units subject to this chapter, except as provided in subsection (b) or as modified or waived in writing by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use. (b) Neither an offering statement nor a resale certificate need be prepared or delivered in the case of: (1) A gratuitous disposition of a unit; (2) A transfer pursuant to court order; (3) A disposition by a government or governmental agency; (4) A transfer by foreclosure or disposition by deed in lieu of foreclosure; (5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers where the responsibility for preparing and delivering the offering statement has been transferred to the person pursuant to subsection (b) of Section 35-8A-402; (6) A disposition that may be canceled at any time and for any reason by the purchaser without penalty; or (7) A disposition of a time share interest in a unit. (Acts 1990, No. 90-551, p. 858, §4-101; Act 2018-403, §1.)
Disclosure
| Ref | Requirement |
|---|---|
| Article 4 (purchaser protection) applies to all units subject to the act. | |
| Neither an offering statement nor a resale certificate is required for these exempt transactions. |
Enforcement
| Ref | Requirement |
|---|---|
| Exceptions: dispositions to persons in the business of selling real estate (with transferred disclosure responsibility), contracts cancellable at any time without penalty, and time-share interests. |
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Legal references last verified April 15, 2026.
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