Code of Alabama

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40-17-322
Section 40-17-322 Definitions. As used in this article and unless the context requires
otherwise, the following terms have the meaning ascribed herein: (1) AIRCRAFT. Any airplane
or helicopter. (2) ASSOCIATE JOBBER. A person who acquires motor fuel from a licensed distributor
in this state for subsequent sale. An associate jobber may obtain a distributor's license
even though it does not acquire fuel from a supplier in this state. (3) AVIATION FUEL. Aviation
gasoline or aviation jet fuel. (4) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (5) AVIATION JET FUEL.
Motor fuel designed for use in the operation of jet or turbo-prop aircraft and sold or used
for that purpose. (6) BIODIESEL FUEL. Any motor fuel or mixture of motor fuels that is derived,
in whole or in part, from agricultural products or animal fats, or the wastes of such products
or fats, and is advertised as, offered for sale as, suitable...
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5-18A-12
Section 5-18A-12 Transaction fees; renewal or extension; repayment; bad check charge.
(a) Subject to the following subsections, every licensee under this chapter may charge and
collect a maximum fee on any deferred presentment transaction not to exceed 17.5 percent of
the amount advanced. The maximum amount that may be advanced in any deferred presentment transaction
is five hundred dollars ($500). (b) Each licensee may renew or extend a deferred presentment
transaction with the same customer no more than one additional time at this fee for a maximum
of two continuous transactions. After two continuous transactions with the customer, the licensee
shall not enter into a new deferred presentment transaction with that same customer until
the next business day after the transaction amount is repaid in full. After the customer has
redeemed the check in full with cash or guaranteed funds, the licensee has the same authority
as any other licensee to enter into another agreement for deferred...
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5-18A-13
Section 5-18A-13 Duties of licensee. (a) A licensee may not knowingly enter into a deferred
presentment transaction with a customer that has outstanding deferred presentment transactions
from any lender at any location that exceeds five hundred dollars ($500) for the term of the
loan. (b) Before a licensee shall present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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5-18A-2
Section 5-18A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) CHECK. A debit authorization or a check signed by the maker and
made payable to a person licensed under this chapter. (2) CONTINUOUS TRANSACTION. To extend
a deferred presentment transaction with the same account without redemption in full with cash
or guaranteed funds. (3) DEFERRED PRESENTMENT SERVICES. A transaction pursuant to a written
agreement involving the following combination of activities in exchange for a fee: a. Accepting
a check or authorization to debit a checking account and, in connection with that acceptance,
advancing funds to the checking account holder. b. Holding the check or authorization to debit
checking account for a period of time prior to payment or deposit. (4) DEPARTMENT. The State
Banking Department. (5) LICENSEE. A person licensed to provide deferred presentment services
pursuant to this chapter. (6) PERSON. An individual, group of individuals,...
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5-19-12
Section 5-19-12 Buyer's right to cancel home solicitation sale. (a) A buyer has the
right to cancel a home solicitation sale until midnight of the third business day following
execution by the buyer of an agreement or offer to purchase, which notice is effective when
delivered or when deposited in the mail properly addressed to the seller, postage prepaid.
The seller must deliver to the buyer and obtain the buyer's written signature to a written
agreement or offer to purchase designating as the date of the transaction the date on which
the buyer actually signs and containing the following under the conspicuous caption: "BUYER'S
RIGHT TO CANCEL" "If this agreement was solicited at your residence and you do not
want the goods or services, you may cancel this agreement by delivering or mailing a notice
to the seller. The notice must say that you are cancelling the agreement and must be delivered
or mailed before midnight of the third business day after you sign this agreement. The notice...

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35-11-454
Section 35-11-454 Release, etc., of lien. (a) Whenever a notice of lien has been filed
with the office of the judge of probate and a condition occurs that would preclude the broker
from receiving compensation under the terms of the broker's written agreement, the broker
shall record a written release or satisfaction of the lien, in the appropriate records of
the office of the judge of probate and shall furnish a copy of the recorded release or satisfaction
to the owner. (b) Upon written demand of the owner, lienee, or authorized agent served on
the broker claiming the lien requiring that suit be commenced to enforce the lien or answer
be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within
60 days thereafter, or the lien shall be extinguished. Service of such demand shall be in
the manner provided by the Alabama Rules of Civil Procedure for the service of a summons and
complaint. (c) Whenever a notice of lien has been timely filed in the office...
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35-6A-10
Section 35-6A-10 Methods of sale. (a) If the court orders a sale of heirs property,
the court shall order that the sale be conducted by one or more of the following methods of
sale: Open market sale with or without a broker or brokers; by sealed bids; public auction;
or private sale. The court shall choose a method which shall be more economically advantageous
and in the best interest of the cotenants as a group. (b) If the court orders an open market
sale with or without a broker and the parties, not later than 10 days after the entry of the
order, agree on a real estate broker or brokers licensed in this state to offer the property
for sale, the court shall appoint the broker or brokers and establish terms of the listing
agreement. If the parties do not agree on a broker or brokers, the court shall appoint a disinterested
real estate broker licensed in this state to offer the property for sale and shall establish
reasonable terms. The broker or brokers shall offer the property for...
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8-1A-2
Section 8-1A-2 Definitions. As used in this chapter, each of the following words have
the following meanings: (1) AGREEMENT. The bargain of the parties in fact, as found in their
language or inferred from other circumstances and from rules, regulations, and procedures
given the effect of agreements under laws otherwise applicable to a particular transaction.
(2) AUTOMATED TRANSACTION. A transaction conducted or performed, in whole or in part, by electronic
means or electronic records, in which the acts or records of one or both parties are not reviewed
by an individual in the ordinary course in forming a contract, performing under an existing
contract, or fulfilling an obligation required by the transaction. (3) COMPUTER PROGRAM. A
set of statements or instructions to be used directly or indirectly in an information processing
system in order to bring about a certain result. (4) CONSUMER. An individual who obtains,
through a transaction, products or services which are used primarily...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery
from fund; procedures, appeals, etc.; licensee to report any legal action taken against him
or her. (a) The commission shall establish and maintain a Recovery Fund from which an aggrieved
party may recover actual or compensatory damages, not including interest and court costs,
sustained only within the State of Alabama as a result of conduct of a broker or salesperson
in violation of Article 1 or 2 of this chapter or the rules and regulations of the commission.
(b) Notwithstanding any other provision to the contrary, payments from the Recovery Fund are
subject to the following conditions and limitations: (1) The fund shall not be obligated for
the acts or omissions of a broker or salesperson while acting on his or her own behalf or
on behalf of his or her child, spouse, or parent regarding property in which he or she or
his or her spouse, child, or parent has, or is attempting to acquire, an interest;...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms
shall have the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS.
Any hotel or motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any
other private or commercial structure designed for occupancy by one or more individuals or
any recreational vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation,
firm, association, joint venture, partnership, trust, estate, business trust, syndicate, fiduciary,
and any other group or combination which engages in acts or practices in any trade or commerce.
(3) CONTRACT. Any contract, promissory note, credit agreement, negotiable instrument, lease,
use agreement, license, security, or other muniment conferring on the purchaser the rights,
benefits, and obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real
Estate Commission. (5) COMMISSIONER. A member of the Alabama Real Estate...
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