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Mobile, Alabama · the ID rule that started October 1, 2026
What Alabama's new identity rule means for out-of-state owners, why it applies to leases as well as sales, and the three honest options for a property you manage from somewhere else.
Alabama's Property Protection Act took effect October 1, 2026. It was written to stop seller impersonation, where somebody poses as the owner and sells or leases a property that is not theirs, usually without ever meeting anyone in person.
Under Section 35-21-5(a), a licensee may not enter into an agreement to sell or lease real property when the seller is unknown to the agent and is not physically present, unless that person provides government-issued identification and ownership records. The documentation is kept for five years.
Two things about that are worth saying slowly.
"Sell or lease." So this is not only a listing-agreement question. If you are signing a management or lease agreement on a Mobile rental from another state, it reaches you too.
If a brokerage has never asked you for this, that is worth a question, not an assumption.
The licensee duty does not care whether the house is occupied, vacant, mortgaged or paid off. The trigger is that the owner is unknown to the agent and not present.
A separate rule covering vacant, non-owner-occupied unmortgaged property applies to the settlement agent at closing. Different party, different step, often confused.
The full plain-English version: Alabama's Property Protection Act, what it means when you sell.
This kind of fraud does not pick properties by value. It picks them by absence.
An out-of-state owner is, by definition, not driving past. Mail goes to an address somewhere else. If a tenant moves out, there can be a gap before anyone local knows. If something is filed against the title, there is no neighbor to mention it.
None of that is a criticism of remote ownership. Plenty of good Mobile rentals are owned by people who moved away and kept the house. It is a description of why the state wrote a law about it, and why the cheapest protection available to you is having somebody local who actually looks at the property.
The same logic applies after weather. A property on the Gulf Coast that nobody has walked through is a property nobody can tell you about. That is worth sorting before you need it rather than after.
Figures for the city of Mobile as of August 2026, the most recent published.
Rents are rising steadily, not dramatically. That matters for a specific reason: a modest rent increase can be entirely consumed by one turnover, one insurance renewal or one major repair. Which brings up the number most owners have never actually seen.
Most owners can tell you the rent. Far fewer can tell you what they keep.
What comes out first: vacancy days between tenants, turnover cost, insurance, repairs, and the management fee if there is one. The honest number is what is left after all of it, across a full year rather than a good month.
From a distance that is harder to see, because the costs arrive as individual invoices spread across the year while the rent arrives as a tidy monthly number. One looks like a pattern. The other looks like bad luck, repeatedly.
We manage property, so we have an obvious interest in the middle one. Which is exactly why the only useful thing we can offer is the three numbers, and a straight answer about which one your own figures point to.
No. The rule requires identity verification when you are not physically present, not that you show up. You provide government-issued identification and ownership records, and the signing itself can still be handled remotely.
Yes. The statute reads "sell or lease." Lease and management agreements are inside it.
Not from the agent-side step. That one has no property-type condition. The vacant and unmortgaged test belongs to a different rule that applies to the settlement agent before closing.
Typically the recorded deed, or a current tax record showing ownership, or a title policy. If the property came through an estate that was never fully settled, find that out now rather than at signing.
Sometimes clearly yes, sometimes clearly no, and the deciding factor is almost never the rent. It is what the property nets you after vacancy, turnover, insurance and repairs, measured over a year. Run that number before deciding anything.
We will run your rental against current Mobile market rent and show you the net, not the gross. If the number says sell, we will tell you that and what it would list for.
Run my rental numbers What would it sell for?
Or call 251-360-3166. Different time zone is fine, tell us when suits.
General information, not legal advice. This page summarizes the Alabama Property Protection Act, effective October 1, 2026, in plain language. It is not a complete statement of the law. What any provision means for your specific transaction is a question for a licensed Alabama attorney. 764 the Agency, LLC is a real estate brokerage. Rent figures are Mobile city market data as of August 2026 and will change. Nothing here is a promise of rent, return or results.
The statute: Alabama Securities Commission, the Alabama Property Protection Act. Published by 764 the Agency, LLC on October 25, 2026.