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7-2-502
Section 7-2-502 Buyer's right to goods. (1) Subject to subsections (2) and (3) and even though
the goods have not been shipped a buyer who has paid a part or all of the price of goods in
which he has a special property under the provisions of Section 7-2-501 may on making and
keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, family, or household purposes, the seller
repudiates or fails to deliver as required by the contract; or (b) in all cases, the seller
becomes insolvent within 10 days after receipt of the first installment on their price. (2)
The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a
special property, even if the seller had not then repudiated or failed to deliver. (3) If
the identification creating his special property has been made by the buyer he acquires the
right to recover the goods only if they conform to the contract for sale. (Acts 1965,...
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11-81-245
Section 11-81-245 Consent requirements; disclosure statement. (a)(1) Before entering into a
written contract with a local government, the real property owner shall provide, or the local
government shall obtain, a verified recordable copy of written consent and subordination agreement
signed by the holder of each existing mortgage or other lien on the relevant real property
stating that the mortgagee or other lienholder consents to the imposition of the assessment
and that the priority of the mortgage or other lien is subordinated to the assessment lien
in a form and substance acceptable to each mortgagee and other lienholder. The consent and
subordination agreement must be in a form that may be recorded in the appropriate recording
office in the county or counties where the real property is located, and the consent and subordination
agreement with the owner's assessment contract shall be recorded in that office. (2) This
subsection does not limit in any way the rights or authority of...
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7-9A-406
a default, breach, right of recoupment, claim, defense, termination, right of termination,
or remedy under the account or chattel paper. (g) Subsection (b)(3) not waivable. Subject
to subsection (h), an account debtor may not waive or vary its option under subsection (b)(3).
(h) Rule for individual under other law. This section is subject to law other than this article
which establishes a different rule for an account debtor who is an individual and who incurred
the obligation primarily for personal, family, or household purposes. (i) Inapplicability
to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance
receivable. (j) Section prevails over inconsistent law. This section prevails over any inconsistent
provision of an existing or future statute, rule, or regulation of this State unless the provision
is contained in a statute of this State, refers expressly to this section, and states that
the provision prevails over this section....
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7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or after
the lessor refuses to deliver or takes possession of goods (Section 7-2A-525 or 7-2A-526),
or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned
or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided
with respect to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise
determined pursuant to agreement of the parties (Sections 7-1-302 and 7-2A-503), if the disposition
is by lease agreement substantially similar to the original lease agreement and the new lease
agreement is made in good faith and in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement
of the term of the new lease agreement, (ii) the present value,...
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9-17-109
who regularly supplies such consumer with LP-gas of his or her intention to employ an individual
other than the LP-gas dealer to perform such installation, maintenance, repair, adjustment,
or service being performed. The consumer shall afford the LP-gas dealer with an opportunity
to first install, repair, maintain, adjust, or service the LP-gas appliance before resorting
to an individual other than his or her LP-gas dealer who regularly supplies LP-gas. (1) In
the event the consumer suffers injury, damage, or loss as a proximate consequence of
a negligent installation, repair, maintenance, adjustment, or service of any LP-gas appliance,
LP-gas system, or any component thereof, and such consumer has not first notified and afforded
the opportunity to install, repair, maintain, adjust, or service to the LP-gas dealer who
regularly supplies his or her system with LP-gas, no legal action shall be commenced against
such LP-gas dealer. (2) In the event the consumer suffers injury, damage, or...
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34-27-50
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 Commission. (6) FACILITIES. Any structure, service, or
property whether improved or unimproved made available to the purchaser for recreational,
social, family, or personal use. (7) SELLER. Any owner of a vacation time-sharing plan
or any business entity, including but not limited to an agent, dealer, distributor, franchiser,
subsidiary, assignee, reseller, broker, or any other representative thereof who, for a fee,
commission, or other valuable consideration, negotiates or attempts to negotiate the listing,
sale, auction, purchase, exchange, or lease of any real estate or the improvements thereon
or collects rents or attempts to collect rents, or who...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section 40-12-240,
but the term shall not include any trailer not required to have a certificate of title. (8)
MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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7-7-308
Section 7-7-308 Enforcement of carrier's lien. (a) A carrier's lien on goods 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 carrier is not of itself sufficient to establish that the sale was not made
in a commercially reasonable manner. The carrier sells goods in a commercially reasonable
manner if the carrier 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 practices among dealers in the type of...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-210.htm - 4K - Match Info - Similar pages
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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