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...
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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...
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34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
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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...
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34-27-66
Section 34-27-66 Examination and license requirements; issuance and renewal of license;
inactive status; change of address. (a) Any person desiring to act as a seller of vacation
time-sharing plans shall file with the commission a written application upon such form as
the commission shall designate and shall pass to the satisfaction of the commission the examination
hereinafter prescribed. (b) Prerequisites for taking the vacation time-sharing sales examination
are as follows: (1) Evidence satisfactory to the commission that the applicant bears a good
reputation for honesty and truthfulness. (2) The applicant should not have been convicted
of any criminal offense involving moral turpitude or of any felony in this or any other state.
(3) The applicant shall be at least 19 years of age. (4) The applicant shall be a citizen
of the United States or, if not a citizen of the United States, a person who is legally present
in the United States with appropriate documentation from the federal...
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34-27-51
Section 34-27-51 Acts constituting violation of article - Sell, etc.; without license;
failure to provide certain documents at time of registration; failure to follow rules of advertising.
It shall be a violation of this article for any seller of vacation time-sharing plans to:
(1) Sell, lease, encumber, or convey in any manner or to solicit or advertise such transactions
unless the seller has been duly licensed under the provisions of Section 34-27-66 and
unless the vacation time-sharing plan and the units thereby affected have first been registered
with the commission. Provided, however, that the registration requirements of this article
shall not apply to nor restrict the listing and resale of any vacation time-sharing plan when:
a. The vacation time-sharing plan to be resold is within an existing time-sharing facility
currently registered with the commission pursuant to the requirements of this article; and
b. The vacation time-sharing plan to be resold is subject to the identical...
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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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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article;
investigation; revocation of registration. (a) If it appears that a person, firm, corporation,
or any business entity has engaged, or is about to engage, in an act or practice constituting
a violation of a provision of this article or rule or order of the commission, the commission,
through the Attorney General, may institute legal actions to enjoin the act or practice and
to enforce compliance with this article or any rule or order of the commission or to have
a receiver or conservator appointed. To prevail in such action, it shall not be necessary
to allege or prove either that an adequate remedy at law does not exist or that substantial
or irreparable damage would result from the continued violation thereof. (b) The commission
may: (1) Make any public or private investigation which it deems necessary, either within
or outside of this state, to determine whether any person has violated or is about...
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41-16-120
Section 41-16-120 Powers and duties; definitions. (a) The Director of the Department
of Economic and Community Affairs shall be responsible for the distribution, transfer, or
disposal of all surplus personal property owned by the state and all right, title, interest,
and equity in the property shall be transferred to the department for such purpose. The director
may delegate to the Director of the Surplus Property Division such supervision and control
of the distribution or disposal of state owned surplus personal property. (b) As used in this
article, the following terms shall have the following meanings, respectively, unless the context
clearly indicates otherwise: (1) DIVISION. Surplus Property Division of the Department of
Economic and Community Affairs. (2) SURPLUS PROPERTY. That property declared by the property
manager of each state department, bureau, board, commission, or agency to be surplus and so
designated in writing to the director of the division. All real property owned...
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9-17-13
Section 9-17-13 Integration of interests; cycling operations; orders of board; procedures.
(a) When any mineral or other related interests deriving from two or more separately owned
tracts of land are embraced within an established or a proposed drilling or production unit,
or when there are separately owned interests in all or a part of an established or proposed
drilling or production unit, or any combination of such, the persons owning the interests
therein may validly agree to integrate or pool the interests and to develop the interests
and associated lands as a drilling or production unit. Where, however, the owners have not
agreed to so integrate or pool the interests, the board shall, for the prevention of waste
or to avoid the drilling of unnecessary wells, require the persons owning such interests to
do so and to develop their interests and the associated lands as a drilling or production
unit. (b) The board, in order to prevent waste and avoid the drilling of unnecessary...
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