45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier that violates this part shall be liable for all actual damages and all court costs and, in the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates this part shall be liable for all actual damages and all court costs and, in the discretion of the court, reasonable attorney fees incurred by the supplier as a result of that violation. (c) This part imposes upon a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.12.htm - 3K - Match Info - Similar pages
45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier that violates this part shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates this part shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier as a result of that violation. (c) This part imposes upon a supplier...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.10.htm - 3K - Match Info - Similar pages
8-21B-6
Section 8-21B-6 Consent to transfers. (a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a dealer's request to make a transfer under this subsection. (b) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent. (Act 2009-755,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-6.htm - 1K - Match Info - Similar pages
35-9A-402
Section 35-9A-402 Failure to deliver possession. (a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 35-9A-203, rent abates until possession is delivered and the tenant may: (1) terminate the rental agreement upon written notice to the landlord and within five days thereafter the landlord shall return all prepaid rent and security; or (2) demand performance of the rental agreement by the landlord and, if the tenant elects, bring an action for possession of the dwelling unit from the person wrongfully in possession and recover the actual damages sustained by the tenant. (b) If a person's failure to deliver possession is willful and not in good faith, an aggrieved party may recover from that person an amount equal to not more than three months' periodic rent or the actual damages sustained, whichever is greater, and reasonable attorney's fees. (Act 2006-316, p. 668, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-402.htm - 1K - Match Info - Similar pages
8-21C-5
Section 8-21C-5 Manufacturer and dealer agreement - Actions upon failure to cure deficiencies. (a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer or distributor, at the election of the dealer and within 45 days after termination, cancellation, or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational vehicles that were acquired and delivered to the dealership from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-5.htm - 2K - Match Info - Similar pages
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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35-9-5
Section 35-9-5 Notice to terminate tenancy for term less than one year. In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days' notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer. (Code 1923, §8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, §5.)...
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45-37-21.08
Section 45-37-21.08 Transfer of business of wholesaler. (a) Upon written notice of intent to transfer the business of the wholesaler, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the business of the wholesaler to a designated member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the business of the wholesaler, including the assignment of the rights of the wholesaler under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated member, who meets such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet such qualifications and standards which...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2009-460, p. 802, §12.)...
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