Does Alabama require real estate agents to carry E&O insurance?

Quick answer: Alabama does not currently require real estate licensees to carry E&O insurance -- a state mandate existed from 1992 to 2003, when it was repealed by Act 2003-298.

Alabama does not currently require real estate licensees to carry errors-and-omissions (E&O) insurance. It once did: a state E&O mandate ran from 1992 until it was repealed in 2003. Since then, coverage has been optional under state law - though individual brokerages very often require it of their agents.

What did the repealed law actually require?

Code of Alabama Sec. 34-27-35.1, titled "Errors and omissions insurance," was repealed by Act 2003-298, effective June 18, 2003. For eleven years before that, Alabama real estate licensees carried a genuine state E&O mandate. The current licensing and renewal provisions for real estate professionals, Sec. 34-27-32, contain no E&O requirement - the mandate was removed from the Code, not merely left unenforced.

What requires it in practice, if not the state?

The brokerage. Many Alabama real estate brokerages require their agents to carry E&O coverage as a condition of affiliation. That is a private contract requirement between broker and agent, and it applies regardless of what state law does or does not mandate. An agent who wants to know whether coverage is required in their specific situation should check their brokerage's own affiliation agreement, since state law will not answer that question either way.

What does E&O cover for a real estate agent?

Errors and omissions coverage responds to claims of professional mistakes or omissions in a transaction: a missed disclosure, an error in paperwork, a misstatement about the property's condition or history. It is distinct from general liability, which covers bodily injury or property damage rather than professional mistakes in the transaction itself. A real estate agent can carry both, and each responds to a different kind of claim.

How does this compare to other licensed professions in Alabama?

Real estate is not unique in lacking a state E&O mandate. Most other Alabama licensed professions - engineers, most types of consultants, many contractors - are in the same position: no blanket state law requiring professional liability coverage, with the practical requirement, if any, coming from an employer, a client contract, or a lender rather than the state itself.

For example, a buyer sues an Alabama agent claiming a material defect was not disclosed before closing. State law does not require the agent to carry E&O coverage for that claim. But if the agent's brokerage requires it - as many do - that policy is what funds the legal defense and any settlement that follows.

See what errors and omissions insurance covers for more on how the coverage works generally. A coverage review can confirm what E&O coverage fits a specific practice.