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7-2-716
Section 7-2-716 Buyer's right to specific performance or replevin. (1) Specific performance
may be decreed where the goods are unique or in other proper circumstances. (2) The decree
for specific performance may include such terms and conditions as to payment of the price,
damages, or other relief as the court may deem just. (3) The buyer has a right of replevin
for goods identified to the contract if after reasonable effort he is unable to effect cover
for such goods or the circumstances reasonably indicate that such effort will be unavailing
or if the goods have been shipped under reservation and satisfaction of the security interest
in them has been made or tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special property, even
if the seller had not then repudiated or failed to deliver. (Acts 1965, No. 549, p. 811; Act
2001-481, p. 647, §2.)...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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7-7-210
Section 7-7-210 Enforcement of warehouse's lien. (a) Except as otherwise provided in subsection
(b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or
in packages, at any time or place and on any terms that are commercially reasonable, after
notifying all persons known to claim an interest in the goods. The notification must include
a statement of the amount due, the nature of the proposed sale, and the time and place of
any public sale. The fact that a better price could have been obtained by a sale at a different
time or in a method different from that selected by the warehouse is not of itself sufficient
to establish that the sale was not made in a commercially reasonable manner. The warehouse
sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner
in any recognized market therefor, sells at the price current in that market at the time of
the sale, or otherwise sells in conformity with commercially reasonable...
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8-37-2
Section 8-37-2 (Effective January 1, 2018) Definitions. For the purposes of this chapter, the
following words have the following meanings: (1) ADMINISTRATOR. A person, other than an insurer
or creditor, that performs administrative or operational functions pursuant to guaranteed
asset protection waiver programs. (2) BORROWER. A debtor, retail buyer or lessee, under a
finance agreement. (3) CREDITOR means any of the following: a. The lender in a loan or credit
transaction. b. The lessor in a lease transaction. c. Any retail seller of motor vehicles
in a retail installment transaction. d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase
or lease of a motor vehicle. (5) FREE LOOK PERIOD. The period of time from the effective date
of the GAP waiver until the date the borrower may cancel the GAP...
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9-17-109
consumer using his or her equipment or appliance in a manner or for a purpose other than that
for which the equipment or appliance was intended, no legal action shall be commenced against
his or her LP-gas dealer. (3) All LP-gas dealers are required to document and maintain in
writing all notices received from consumers for a period of not less than five years. Any
LP-gas dealer who is found not to have maintained such notices in writing as required herein
shall be guilty of a Class B misdemeanor. (f) No LP-gas dealer shall be subject to any award
of punitive or exemplary damages, except in those cases falling within Sections 6-5-391
and 6-5-410, except upon a showing by clear and convincing evidence of gross negligence or
willful or wanton misconduct. (Acts 1965, No. 220, p. 305, §9; Acts 1979, No. 79-435, p.
690, §1; Acts 1984, No. 84-293, p. 555, §1; Acts 1989, No. 89-535, p. 1097, §1; Acts 1993,
No. 93-632, p. 1079, §3; Act 2006-246, p. 444, §1; Act 2014-145, p. 353, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-109.htm - 9K - Match Info - Similar pages
35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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40-10-19
Section 40-10-19 Certificates of purchase - Delivery; contents. (a) As soon after the confirmation
of sale is made as may be practicable, the tax collector must make out and deliver to each
purchaser, other than the state, a certificate of purchase, which shall contain a description
of the real estate sold and show that the sum was assessed by the assessor, to whom assessed,
the date of assessment, for what year or years the taxes were due, the amount of taxes thereon,
the amount of and the name of the holder of each tax lien certificate related thereto, distinguishing
the amount due the state and county and for school purposes and to each holder of a tax lien
certificate and the fees and costs, that it was advertised and how long, that it was offered
for sale and at what time, who became the purchaser, at what price and the fact and date of
the confirmation of such sale. (b) In the event of the tax sale of owner-occupied property
that is taxed as Class III, the certificate shall...
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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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7-2-608
Section 7-2-608 Revocation of acceptance in whole or in part. (1) The buyer may revoke his
acceptance of a lot or commercial unit whose nonconformity substantially impairs its value
to him if he has accepted it: (a) On the reasonable assumption that its nonconformity would
be cured and it has not been seasonably cured; or (b) Without discovery of such nonconformity
if his acceptance was reasonably induced either by the difficulty of discovery before acceptance
or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable
time after the buyer discovers or should have discovered the ground for it and before any
substantial change in condition of the goods which is not caused by their own defects. It
is not effective until the buyer notifies the seller of it. (3) A buyer who so revokes has
the same rights and duties with regard to the goods involved as if he had rejected them. (Acts
1965, No. 549, p. 811.)...
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7-2-615
Section 7-2-615 Excuse by failure of presupposed conditions. Except so far as a seller may
have assumed a greater obligation and subject to Section 7-2-614 on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs
(b) and (c) is not a breach of his duty under a contract for sale if performance as agreed
has been made impracticable by the occurrence of a contingency the nonoccurrence of which
was a basic assumption on which the contract was made or by compliance in good faith with
any applicable foreign or domestic governmental regulation or order whether or not it later
proves to be invalid. (b) Where the causes mentioned in paragraph (a) affect only a part of
the seller's capacity to perform, he must allocate production and deliveries among his customers
but may at his option include regular customers not then under contract as well as his own
requirements for further manufacture. He may so allocate in any manner...
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