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8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals
of franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any
agreement or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer
shall cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3)
Has good cause for the cancellation, termination, modification, nonrenewal, or noncontinuance.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or
the terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
32-8-31
Section 32-8-31 Exemptions. No certificate of title shall be issued under this chapter
for any of the following: (1) A vehicle owned by the United States or any agency thereof.
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally
moved on the highway or used for purposes of testing or demonstration, or a vehicle used by
a manufacturer solely for testing. (3) A vehicle owned by a nonresident of this state and
not required by law to be registered in this state. (4) A vehicle for which the Alabama license
plate issuing official has verified that both the current owner and operator is recorded as
the owner and operator on a currently effective certificate of title issued by another state
and the certificate of title is being held by a recorded lienholder. (5) A vehicle moved solely
by animal power. (6) An implement of husbandry. (7) Special mobile equipment. (8) A pole trailer.
(9) A trailer, semi-trailer, travel trailer, or moving collapsible and...
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32-8-30
Section 32-8-30 Certificate required for certain motor vehicles and travel trailers;
penalty. (a) Except as provided in Section 32-8-31, every owner of a motor vehicle
which is in this state and which is required to be registered under the motor vehicle laws
of this state and for which no certificate of title has been issued by the department, shall
make application to a designated agent as herein defined for a certificate of title to the
vehicle. (b) In the event that the owner's legal name, as recorded on the current certificate
of title, has changed, the owner shall make application for a corrected certificate of title
to record the current legal name of the owner. The application for certificate of title shall
be made prior to the renewal of the registration for the motor vehicle. (c) Any dealer, acting
for himself or herself or another, who sells, trades or otherwise transfers any vehicle required
to be titled under this chapter who does not comply with the provisions of this...
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32-8-2
Section 32-8-2 Definitions. For the purpose of this chapter, the following terms shall
have the meanings respectively ascribed to them in this section, except where the context
clearly indicates a different meaning: (1) CURRENT ADDRESS. A new address different from the
address shown on the application or on the certificate of title. The owner, within 30 days
after the address is changed from that shown on the application or on the certificate of title,
shall notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-2.htm - 9K - Match Info - Similar pages
32-8-38
Section 32-8-38 Use of duplicate copy of application as permit to operate motor vehicle;
return of duplicate and tags upon refusal to issue certificate. (a) The rules and regulations
promulgated by the department shall make suitable provisions for the use by an applicant of
the duplicate copy of his or her application for a certificate of title to serve as a permit
for the operation of the motor vehicle described in the application until the department either
issues the certificate of title of such motor vehicle or refuses to issue the certificate;
and every designated agent receiving an application for the certificate of title, when the
provisions of this chapter have been otherwise complied with, shall deliver to the applicant
the duplicate copy of his or her application which shall contain a suitable permit for the
purposes mentioned in this subsection. After the certificate of title is issued, the owner's
permit copy of the application for this certificate of title shall continue...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-38.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-390.htm - 5K - Match Info - Similar pages
32-7A-5
Section 32-7A-5 Exceptions. This chapter shall not apply to any of the following vehicles
or operators: (1) Trailers as defined in Section 40-12-240, including, but not limited
to, semitrailers, travel trailers, boat trailers, pole trailers, and utility trailers. (2)
Motor vehicles owned and operated by the United States or any agency thereof, the State of
Alabama, or any political or governmental subdivision thereof. (3) Any motor vehicle which
is subject to the supervision and regulation of the Federal Motor Carrier Safety Administration
or the Alabama Public Service Commission and for which the owner and/or operator has filed
evidence of financial responsibility, the liability under which is not less than that required
of the operator of a motor vehicle under the terms of this chapter. (4) Motor vehicles covered
by a certificate of self-insurance issued by the director under the provisions of Section
32-7-34. (5) Other motor vehicles complying with laws which require the vehicles to...
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8-20-3
Section 8-20-3 Definitions. For the purpose of this chapter, the following terms shall
have the meanings respectively ascribed to them in this section, except where the context
clearly indicates a different meaning: (1) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
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32-20-2
Section 32-20-2 Definitions. For purposes of this chapter, the following terms shall
have the meanings respectively ascribed to them in this section, except where the context
clearly indicates a different meaning: (1) DEALER. A person licensed by the Alabama Manufactured
Housing Commission as a manufactured home retailer and engaged regularly in the business of
buying, selling, or exchanging manufactured homes in this state, and having an established
place of business. (2) DEPARTMENT. The Department of Revenue of this state. (3) DESIGNATED
AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county
official in this state authorized and required by law to issue motor vehicle license tags,
unless otherwise provided by law, who may perform his or her duties under this chapter personally
or through his or her deputies, or such other persons located in this state, as the department
may designate. The term shall also mean those dealers as herein defined who...
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