45-2-41.04
Section 45-2-41.04 Termination, modification, etc., of dealership agreement - Notice. Provided
good cause exists for the purposes of an amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer
at least 90 days' prior written notice of the amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of the dealership agreement. The notice shall state all of the
reasons for the amendment or modification, termination, cancellation, nonrenewal, or discontinuance
of a dealership agreement and shall provide that the dealer has 90 days in which to rectify
any claimed deficiency. If the deficiency is rectified within 90 days the notice shall be
void. (Act 2008-462, p. 897, §5.)...
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45-49-41.03
Section 45-49-41.03 Termination, modification, etc., of dealership agreement Notice. Provided
good cause exists for the purposes of an amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer
at least 90 days' prior written notice of the amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of the dealership agreement. The notice shall state all of the
reasons for the amendment or modification, termination, cancellation, nonrenewal, or discontinuance
of a dealership agreement and shall provide that the dealer has 90 days in which to rectify
any claimed deficiency. If the deficiency is rectified within 90 days the notice shall be
void. (Act 2008-461, p. 894, § 5.)...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
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45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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45-37-21.07
Section 45-37-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding
any agreement and except as otherwise provided for in this part, a supplier shall not amend
or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate,
fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases,
the supplier has complied with all of the following: (1) Has satisfied the applicable notice
requirements of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment,
modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance,
the supplier shall have the burden of proving that it has acted in good faith, that the notice
requirements under this section have been complied with, and that there was good cause for
the amendment, modification, termination,...
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45-49-23.05
Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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45-2-41.07
Section 45-2-41.07 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Baldwin County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-462, p. 897, §8.)...
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45-49-41.06
Section 45-49-41.06 Remedies. If any grantor violates this part, a dealer may bring an action
against the grantor in the Circuit Court of Mobile County for damages sustained by the dealer
as a consequence of the grantor's violation, together with the actual costs of the action,
including reasonable actual attorneys' fees. The dealer may seek and the court may grant injunctive
relief against unlawful amendment or modification, termination, cancellation, nonrenewal,
or discontinuance of the dealership agreement. (Act 2008-461, p. 894, § 8.)...
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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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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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