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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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32-12A-1
Section 32-12A-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches or less
in width, having a dry weight of 1,500 pounds or less, designed to travel on three or more
non-highway tires, and manufactured for off-road use by a single operator or by an operator
and not more than one passenger as provided by the manufacturer. (2) OFF-ROAD VEHICLE. Any
motorized vehicle not designed for use on a highway and capable of cross-country travel on
land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain
vehicle and recreational off-highway vehicle. The term excludes any golf cart; any vehicle
used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles
used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled
equipment for harvesting and transportation of forest products, for...
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32-17A-1
Section 32-17A-1 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings respectively ascribed to them, unless the context clearly indicates
otherwise: (1) AFTERMARKET CRASH PART. A replacement for any of the nonmechanical sheet metal
or plastic parts which generally constitute the exterior of a motor vehicle, including inner
and outer panels. (2) INSTALLER. An individual who performs the work of replacing or repairing
parts of a motor vehicle. (3) INSURER. Includes an insurance company and any person authorized
to represent the insurer with respect to a claim and who is acting within the scope of the
person's authority. (4) NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PART. An aftermarket
crash part made by any manufacturer other than the original vehicle manufacturer or his or
her supplier. (5) REPAIR FACILITY. A motor vehicle dealer, garage, body shop, or other commercial
entity which undertakes the repair or replacement of...
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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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8-21A-12
Section 8-21A-12 Action for injunction, damages, etc., for violations of chapter, unfair, or
deceptive trade practices, and other unlawful acts. Notwithstanding the terms, provisions
or conditions of any dealer franchise or dealer agreement or the terms or provisions of any
waiver, and notwithstanding any other legal remedies available, any person who is injured
in his business or property by a violation of this chapter, by the commission of any unfair
and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement
which, if consummated, would be in violation of this chapter, may bring a civil action in
a court of competent jurisdiction to enjoin further violations, to recover any damages sustained
by him, together with the costs of the suit, including a reasonable attorney's fee. This section
applies equally to both manufacturers and dealers. (Acts 1991, No. 91-721, p. 1401, §12.)...
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32-20-40
Section 32-20-40 Applicability of chapter. This chapter does not apply to or affect any of
the following: (1) A lien given by statute or rule of law to a supplier of services or materials
for the manufactured home. (2) A lien given by statute to the United States, this state, or
any political subdivision of this state. (3) A security interest in a manufactured home created
by a manufacturer or dealer who holds the manufactured home for sale, but a buyer in the ordinary
course of trade from the manufacturer or dealer takes free of the security interest. (Act
2009-746, p. 2236, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-20-40.htm - 924 bytes - Match Info - Similar pages
32-8-35
Section 32-8-35 Application for first certificate. (a) The application for the first certificate
of title of a vehicle in this state shall be made by the owner to a designated agent, on the
form the department prescribes, and shall contain all of the following: (1) The current legal
name, current residence, and current mailing address of the owner. (2) A description of the
vehicle including the following data: Year, make, model, vehicle identification number, type
of body, the number of cylinders, color, and whether new or used. (3) The date of purchase
by applicant, the name and address of the person from whom the vehicle was acquired, and the
names and addresses of any lienholders in the order of their priority and the dates of their
security agreements. (4) Other information that the department may require. (b) If the application
is for a vehicle purchased from a dealer, it shall contain the name and address of any lienholder
holding a security interest created or reserved at the...
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8-21A-7
Section 8-21A-7 Supplier's duties to dealers - Death or incapacity of dealer or majority stockholder
of corporation acting as dealer; inventory repurchase; applicability of rights and remedies.
(a) In the event of the death or incapacity of the dealer or majority stockholder of a corporation
operating as an equipment dealer, the supplier shall, at the option of the heirs at law, if
dealer died intestate, or the executor or executrix under the terms of deceased dealer's will,
if dealer died testate, repurchase the inventory from the estate the same as if the supplier
had terminated the dealer agreement with good cause. The inventory repurchase provisions of
Section 8-21A-6 are made expressly applicable hereto. The heirs or executor shall have nine
months from the date of death of the dealer or majority stockholder to exercise the option
hereunder. Nothing in this chapter shall require the repurchase of deceased dealer's inventory
if the heirs or the executor and supplier subsequently...
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26-17-103
Section 26-17-103 Scope of chapter; choice of law. (a) This chapter applies to determination
of parentage in this state except for matters relating to legitimation and adoption. Nothing
in this chapter supersedes or modifies Alabama law regarding the requirements contained in
Section 26-10C-1. (b) The court shall apply the law of this state to adjudicate the parent-child
relationship. The applicable law does not depend on: (1) the place of birth of the child;
or (2) the past or present residence of the child. (c) This chapter does not create, enlarge,
or diminish parental rights or duties under other law of this state. (d) This chapter does
not authorize or prohibit an agreement between a woman and intended parents in which the woman
relinquishes all rights as a parent of a child conceived by means of assisted reproduction,
and which provides that the intended parents become the parents of the child. If a birth results
under such an agreement and the agreement is unenforceable under...
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40-12-392
Section 40-12-392 License - Applications; inspection of records; restrictions on sales; liability
insurance. (a) The application for a master dealer license shall be in such form and shall
be subject to such rules as may be prescribed by the commissioner. An application shall be
verified by the oath or affirmation of the applicant. If the applicant is a sole proprietorship,
the application shall contain the name and residence of the applicant. If the applicant is
a partnership, the application shall contain the names and residences of each partner. If
the applicant is a corporation, the application shall contain the names and residences of
the officers and directors. If the applicant is a new motor vehicle dealer, or used motor
vehicle dealer in this state, the application shall contain the state sales tax number assigned
to the applicant. The application shall enumerate the number of new and used vehicles sold
during the previous calendar year; describe the exact location of the place...
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