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35-8A-413
Section 35-8A-413 Express warranties. (a) Express warranties made by the declarant, an affiliate
of the declarant, or any person in the business of selling real estate for his or her own
account, to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any affirmation of material fact or material promise which relates to the unit, its use,
or rights appurtenant thereto, improvements to the condominium that would directly benefit
the unit, or the right to use or have the benefit of facilities not located in the condominium,
creates an express warranty that the unit and related rights and uses will conform to the
affirmation or promise; (2) Any model or description of the physical characteristics of the
condominium, including plans and specifications of or for improvements, creates an express
warranty that the condominium will substantially conform to the model or description; (3)
Any description of the quantity or extent of the real estate comprising the...
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35-8A-205
Section 35-8A-205 Contents of declaration. (a) The declaration for a condominium must contain:
(1) The name of the condominium, which must include the word "condominium" or be
followed by the words "a condominium," and the name of the association; (2) The
name of every county in which any part of the condominium is situated; (3) A legally sufficient
description of the real estate included in the condominium; (4) A statement of the maximum
number of units which the declarant reserves the right to create; (5) A description of the
boundaries of each unit created by the declaration, including the unit's identifying number;
(6) A description of any limited common elements, other than those specified in Section 35-8A-202(2)
and (4), as provided in Section 35-8A-209(b)(10); (7) A description of any common elements
(except real estate subject to development rights) which may be allocated subsequently as
limited common elements, other than limited common elements specified in Section...
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7-2-313
Section 7-2-313 Express warranties by affirmation, promise, description, sample. (1) Express
warranties by the seller are created as follows: (a) Any affirmation of fact or promise made
by the seller to the buyer which relates to the goods and becomes part of the basis of the
bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an
express warranty that the goods shall conform to the description. (c) Any sample or model
which is made part of the basis of the bargain creates an express warranty that the whole
of the goods shall conform to the sample or model. (2) It is not necessary to the creation
of an express warranty that the seller use formal words such as "warrant" or "guarantee"
or that he have a specific intention to make a warranty, but an affirmation merely of the
value of the goods or a statement purporting to be merely the seller's opinion or...
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7-2A-210
Section 7-2A-210 Express warranties. (1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the
goods and becomes part of the basis of the bargain creates an express warranty that the goods
will conform to the affirmation or promise. (b) Any description of the goods which is made
part of the basis of the bargain creates an express warranty that the goods will conform to
the description. (c) Any sample or model that is made part of the basis of the bargain creates
an express warranty that the whole of the goods will conform to the sample or model. (2) It
is not necessary to the creation of an express warranty that the lessor use formal words,
such as "warrant" or "guarantee," or that the lessor have a specific intention
to make a warranty, but an affirmation merely of the value of the goods or a statement purporting
to be merely the lessor's opinion or commendation of the goods does not create...
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35-8A-209
Section 35-8A-209 Plats and plans. (a) A clear and legible plat of the condominium property
and plans, if required under subsection (d), shall be recorded in the office of the judge
of probate in every county in which any portion of the condominium is located and shall contain
a certification that the plat and plans, if any contain all information required by this section.
If the plat contains all of the information described in subsections (b), (c), (d), and (g),
plans are not required. The recorded plan and plans are part of the declaration. (b) Each
plat must show: (1) The name of the condominium and a survey of the real property included
in the condominium; (2) The location and dimensions of all existing improvements located on
the condominium property; (3) The location and dimensions of any real estate subject to development
rights reserved over any part of the condominium property, labeled to identify the rights
applicable to each identified portion, but the plat need not...
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35-8A-103
interest in, over, or under land, including structures, fixtures, and other improvements and
interests which by custom, usage, or law pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. "Real estate" includes parcels
with or without upper or lower boundaries, and spaces that may be filled with air or water.
(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both. (23) SECURITY
INTEREST. An interest in real estate or personal property created by contract or conveyance,
which secures payment or performance of an obligation. The term includes a lien created by
a mortgage, vendor's lien, deed of trust, contract for deed, land sales contract, lease intended
as security, assignment of lease, rents intended as security, or any similar security device,
pledge of an ownership interest in an association, and any other consensual lien or title
retention contract intended as security for an obligation. (24) SPECIAL...
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35-8A-403
Section 35-8A-403 Offering statement - General provisions. (a) Except as provided in subsection
(b), an offering statement must contain or fully and accurately disclose the following information
with regard to the condominium, including a proposed condominium: (1) The name and principal
address of the declarant; (2) The name and the address, legal description, or other description
of the location of the condominium, and the number and types of units in the condominium;
(3) A general description of the condominium, including to the extent possible, number and
types of buildings, structures, and amenities the declarant is obligated to build, and declarant's
schedule of commencement and completion of construction of buildings, structures, and amenities
the declarant is obligated to include in the condominium; (4) Copies of the declaration, as
well as any recorded plats, plans, easements, covenants, conditions, restrictions, and reservations
affecting the condominium; the certificate or...
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11-54-127
of incorporation to the contrary, any industrial development board shall have all of the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To create or establish one or more endowment trust funds. (2) To receive
and accept from any private source, for the account of any endowment trust fund so created
or established by it, contributions in the form of gifts of money, stocks, bonds, and other
debt securities, other personal property, whether tangible or intangible, and real
property of any description, subject, in the case of any such contribution, to any lawful
condition to the use thereof that is specified by the donor thereof and that is not inconsistent
with the provisions of this division. (3) To deposit, or to cause to be deposited, into any
endowment trust fund created by it any moneys derived by the board from the leasing or sale
of any project or otherwise received by the board in connection with the...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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