|
34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; failure
to place all funds in escrow account. It shall be a violation of this article for a seller
of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer
under the contract and return any negotiable instrument, other than checks, executed by the
buyer in connection with the contract or services within 20 days after receipt of notice of
cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits
pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract,
fail to refund within 30 days after receipt of notification of cancellation made pursuant
to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller
which exceed a pro rata portion of the total price, taking into consideration the cost of
use of the time-share facilities at an average rental rate per unit for all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-55.htm - 2K - Match Info - Similar pages
8-32-5
Section 8-32-5 Required provisions, service contracts. (a) Service contracts sold or offered
for sale in this state, in their entirety, shall be written, printed, or typed in eight point
type size, or larger, and shall comply with the requirements set forth in this section, as
applicable. (b) Service contracts insured under a reimbursement insurance policy pursuant
to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially
the following form: "Obligations of the provider under this service contract are guaranteed
under a service contract reimbursement insurance policy." If the provider fails to pay
or to provide service on a claim within 60 days after proof of loss has been filed, the service
contract holder is entitled to make a claim directly against the reimbursement insurance company.
The service contract shall state the name and address of the reimbursement insurance company.
(c) Service contracts not insured under a reimbursement insurance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-32-5.htm - 4K - Match Info - Similar pages
27-44-9
Section 27-44-9 Assessments. (a) For the purpose of providing the funds necessary to carry
out the powers and duties of the association, the board of directors shall assess the member
insurers, separately for each account, at such time and for such amounts as the board finds
necessary. Assessments shall be due not less than 30 days after prior written notice to the
member insurers and shall accrue interest at six percent per annum on and after the due date.
(b) There shall be two classes of assessments, as follows: (1) Class A assessments shall be
authorized and called for the purpose of meeting administrative and legal costs and other
expenses. Class A assessment may be authorized and called whether or not related to a particular
impaired or insolvent insurer. (2) Class B assessments shall be authorized and called to the
extent necessary to carry out the powers and duties of the association under Section 27-44-8
with regard to an impaired or insolvent insurer. (c)(1) The amount of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-9.htm - 8K - Match Info - Similar pages
34-18-24
Section 34-18-24 Annulment or revocation of certificate. The board shall have the power to
annul and revoke any certificate of registration for incompetency, intemperance, immorality,
or unprofessional conduct on the part of the holder of such certificate, after a full and
fair investigation and hearing of the charges preferred. Such charges shall be submitted in
writing and under oath, and 30 days prior to the hearing thereof a copy of the charges shall
be furnished the accused together with a written notice of the time and place where the charges
will be heard and determined. The president and secretary-treasurer of the board are hereby
empowered to administer oaths to the witnesses at any such hearing, and all witnesses shall
be sworn and shall be subject to prosecution for perjury as provided by law; and the accused
shall be entitled to representation by council. No revocation shall be made except upon a
majority vote of the full board, and upon the revocation of any certificate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-18-24.htm - 1K - Match Info - Similar pages
27-34-48
Section 27-34-48 Consolidation or merger - Procedure. (a) A domestic society may consolidate
or merge with any other society by complying with the provisions of this section. It shall
file with the commissioner: (1) A certified copy of the written contract containing, in full,
the terms and conditions of the consolidation or merger; (2) A sworn statement by the president
and secretary, or corresponding officers, of each society showing the financial condition
thereof on a date fixed by the commissioner, but not earlier than December 31 next preceding
the date of the contract; (3) A certificate of such officers, duly verified by their respective
oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme
legislative or governing body of each society; and (4) Evidence that at least 60 days prior
to the action of the supreme legislative or governing body of each society, the text of the
contract has been furnished to all members of each society, either by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-34-48.htm - 2K - Match Info - Similar pages
34-27-57
Section 34-27-57 Acts constituting violation of article - Sell, etc., interest in plan to third
person that substantially affects rights of other owners. (a) It shall be a violation of this
article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise
transfer the seller's interest in the vacation time-sharing plan or the accommodations or
facilities to a third party when such a sale, lease, assignment, or other transfer substantially
affects the rights of other owners or lessees of the time-share units, unless: (1) The third
party agrees in writing to: a. Fully honor the rights of purchasers of the vacation time-sharing
plan to occupy and use the accommodations or facilities; and b. Fully honor rights of purchasers
of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund
as provided in this article; and c. Comply with the provisions of this article for as long
as the third party continues to sell the vacation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-57.htm - 2K - Match Info - Similar pages
35-9A-201
Section 35-9A-201 Security deposits; prepaid rent. (a) A landlord may not demand or receive
money as security, in an amount in excess of one month's periodic rent, except for pets, changes
to the premises, or increased liability risks to the landlord or premises, for tenant's obligations
under a rental agreement. (b) Upon termination of the tenancy, money held by the landlord
as security may be applied to the payment of accrued rent and the amount of damages that the
landlord has suffered by reason of the tenant's noncompliance with Section 35-9A-301 all as
itemized by the landlord in a written notice delivered to the tenant together with the amount
due 60 days after termination of the tenancy and delivery of possession. (c) If the landlord
does not refund the entire deposit, the landlord, within the 60-day period, shall provide
the tenant an itemized list of amounts withheld. (d) Upon vacating the premises, the tenant
shall provide to the landlord a valid forwarding address, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-201.htm - 2K - Match Info - Similar pages
34-27-33
Section 34-27-33 Examinations; temporary and original salesperson licenses; post license course
requirements. (a)(1) In addition to other requirements of this chapter, every applicant for
a broker's or salesperson's license shall submit to a reasonable written examination. The
commission shall conduct examinations at places and times it prescribes. The commission may
contract with an independent testing agency to prepare, grade, or conduct the examination.
(2) Effective October 1, 2001, and thereafter, the fee for each examination and the provisions
for payment and forfeiture shall be as specified in the contract with the independent testing
agency. (b) Within 90 days after passing the examination, the applicant shall secure a qualifying
broker and meet all requirements of this chapter and the board shall issue an active license
or classify the license as inactive. In order to obtain an active license, the applicant's
qualifying broker shall sign and submit to the commission a sworn...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-33.htm - 4K - Match Info - Similar pages
2-28-7
Section 2-28-7 Denial or revocation of permits by commissioner and appeals therefrom. Upon
determination by the commissioner that any person certified or having a permit issued under
the provisions of this chapter or any person who has applied for such certification or a permit
has violated or failed to comply with any of the provisions or requirements of this chapter
or any rules and regulations promulgated thereunder, the commissioner shall be authorized
to revoke such certification or permit, or both, or he shall refuse to issue a certification
or a permit, or both, to an applicant therefor. The performance of unauthorized work not covered
by a permit, making misrepresentations or any fraudulent practices, failure to perform a contract,
failure to have in its employ, when required, a certified operator or branch supervisor or
use or continued use of ineffective methods or materials shall also be valid grounds for revocation
of a certification or a permit; provided, however, that no...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-28-7.htm - 3K - Match Info - Similar pages
34-27-58
Section 34-27-58 Acts constituting violation of article - Failure to place 50 percent of cash,
etc., received in escrow; failure to provide liability insurance, etc. (a) It shall be a violation
of this article for a seller of vacation time-sharing lease plans to fail to: (1) Place in
escrow 50 percent of the cash and receivables received from the purchasers of such plans,
such receivables to be assessed at net principal value. a. The purpose of such escrow account
is to protect the purchaser's right to a refund if at any time the accommodations and facilities
are no longer available as provided in the contract; provided however, nothing contained in
this section shall operate to deny the seller the option to repair, replace, or reconstruct,
within a reasonable time, the accommodations or facilities, if destroyed or damaged. b. The
purchaser shall be entitled to a refund from the escrow account upon the conditions described
above in an amount which represents the buyer's pro rata share...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-58.htm - 8K - Match Info - Similar pages
|