8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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7-2A-310
Section 7-2A-310 Lessor's and lessee's rights when goods become accessions. (1) Goods are "accessions"
when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee
under a lease contract entered into before the goods became accessions is superior to all
interests in the whole except as stated in subsection (4). (3) The interest of a lessor or
a lessee under a lease contract entered into at the time or after the goods became accessions
is superior to all subsequently acquired interests in the whole except as stated in subsection
(4) but is subordinate to interests in the whole existing at the time the lease contract was
made unless the holders of such interests in the whole have in writing consented to the lease
or disclaimed an interest in the goods as part of the whole. (4) The interest of a lessor
or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the
interest of (a) a buyer in the ordinary course of business or a...
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40-12-222
Section 40-12-222 Levy and amount of tax. (a) In addition to all other taxes now imposed by
law, there is hereby levied and shall be collected as herein provided a privilege or license
tax on each person engaging or continuing within this state in the business of leasing or
renting tangible personal property at the rate of four percent of the gross proceeds derived
by the lessor from the lease or rental of tangible personal property; provided, that the privilege
or license tax on each person engaging or continuing within this state in the business of
leasing or renting any automotive vehicle or truck trailer, semitrailer, or house trailer
shall be at the rate of one and one-half percent of the gross proceeds derived by the lessor
from the lease or rental of such automotive vehicle or truck trailer, semitrailer, or house
trailer; provided further, that the tax levied in this article shall not apply to any leasing
or rental, as lessor, by the state, or any municipality or county in the...
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10A-20-9.05
Section 10A-20-9.05 Recognition of associations of lessees, etc.; arbitration of certain disputes
arising under real estate leases. (a) Any corporation organized under this article for the
purpose of demonstrating the single tax principal shall, as soon as practicable after August
25, 1976, amend its corporate charter to provide that it will recognize an association of
its lessees and will deal with representatives of the association on any and all matters relating
to leased corporate lands in any manner. (b) Any corporation organized under this article
for the purpose of demonstrating the single tax principal shall, as soon as practicable after
August 25, 1976, amend its corporate charter to provide that any lease agreement covering
real estate shall provide that the lessee may give written notice to the lessor that the lessee
objects to the amount of the rent claimed or requested by the lessor. Upon receipt of the
written notice, the lessor and the lessee, or any association of...
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35-4-51.1
Section 35-4-51.1 Recordation of memorandum of lease; contents; effect. (a) A memorandum of
a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged
by the lessor and the lessee and contains: (1) The names of the lessor and lessee; (2) The
term of the lease; (3) Any option of the lessee to renew or extend the term of the lease;
and (4) The specific legal description of the leased premises, or a survey or plot plan authorized
under subsection (c) showing the location of the leased premises. (b) A memorandum recorded
under this section may also contain any other agreement made between the lessor and the lessee
in the lease. (c) A survey or plot plan may be used in lieu of a specific legal description
to describe: (1) Any part of a building on the leased premises, if the specific legal description
of the real property on which the building is located is set forth in the memorandum, survey,
or plot plan; (2) Any part of the leased premises that is...
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7-2A-406
Section 7-2A-406 Procedure on excused performance. (1) If the lessee receives notification
of a material or indefinite delay or an allocation justified under Section 7-2A-405, the lessee
may by written notification to the lessor as to any goods involved, and with respect to all
of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510): (a) terminate the lease contract (Section 7-2A-505(2));
or (b) except in a finance lease, modify the lease contract by accepting the available quota
in substitution, with due allowance from the rent payable for the balance of the lease term
for the deficiency but without further right against the lessor. (2) If, after receipt of
a notification from the lessor under Section 7-2A-405, the lessee fails so to modify the lease
agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect
to any deliveries affected. (Acts 1992, 2nd Ex. Sess., No....
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7-2A-501
Section 7-2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under
a lease contract is determined by the lease agreement and this article. (2) If the lessor
or the lessee is in default under the lease contract, the party seeking enforcement has rights
and remedies as provided in this article and, except as limited by this article, as provided
in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract,
the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial procedure or nonjudicial procedure,
including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Section 7-1-305(a), or this article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the
lease agreement covers both real property and goods, the party...
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7-2A-213
Section 7-2A-213 Implied warranty of fitness for particular purpose. Except in a finance lease,
if the lessor at the time the lease contract is made has reason to know of any particular
purpose for which the goods are required and that the lessee is relying on the lessor's skill
or judgment to select or furnish suitable goods, there is in the lease contract an implied
warranty that the goods will be fit for that purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §213.)...
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8-1-60
Section 8-1-60 Thing let for particular purpose to be so used. When a thing is let for a particular
purpose, the lessee must not use it for any other purpose; and if he does, he is liable to
the lessor for all damages resulting from such use, or the lessor may treat the contract as
thereby rescinded. (Code 1923, §6273; Code 1940, T. 9, §7.)...
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9-2-121
Section 9-2-121 Land Resources Information Center; survey and compilation of data; agencies
to file legal instruments. (a) There is hereby created and established within the Lands Division
of the Department of Conservation and Natural Resources a State Land Resources Information
Center which shall compile certain data and information as hereinafter prescribed on all state
owned lands, including those lands owned by state supported educational institutions, excepting
however, lands acquired for highway rights of way. Such center shall be under the supervision
of the Director of the Lands Division, Department of Conservation and Natural Resources who
shall compile and keep up to date the following data and information on such lands: (1) Location
- should include postal address and metes and bounds description where applicable; (2) Size
- acreage and dimensions of lot or parcel; (3) Type of development - agricultural, commercial,
governmental, institutional, educational, residential,...
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