8-23-7
Section 8-23-7 Assignment of contract; notice. No right of action or defense arising out of
a contract for health studio services which the buyer has against the seller, and which would
be cut off by assignment, shall be cut off by assignment of the contract to any third party
whether or not he acquires the contract in good faith and for value unless the assignee gives
notice of the assignment to the buyer as provided in this section and within 30 days of the
mailing of notice receives no written notice of the facts giving rise to the claim or defense
of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address
shown on the contract and shall identify the contract and inform the buyer that he must, within
30 days of the date of mailing of the notice, notify the assignee in writing of any facts
giving rise to a claim or defense which he may have. The notice of assignment shall state
the name of the seller and buyer, a description of the services, the...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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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...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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8-23-4
Section 8-23-4 Health studio services contracts - Composition. Every contract for the sale
of health studio services shall contain the following: (1) Provisions for the penalty-free
cancellation of the contract within three days, exclusive of holidays and weekends, of its
making, upon the mailing or delivery of written notice to the health studio, and refund upon
such notice of all moneys paid under the contract, except that the health studio may retain
an amount computed by dividing the number of complete days in the contract's term or, if appropriate,
the number of occasions health studio services are to be rendered, into the total contract
price and multiplying the result by the number of complete days that have passed since the
contract's making or, if appropriate, by the number of occasions that health studio services
have been rendered. (2) Provision for the cancellation of the contract if the health studio
goes out of business and fails to provide facilities within five miles or...
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7-2-201
Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided in
this section a contract for the sale of goods for the price of $500 or more is not enforceable
by way of action or defense unless there is some writing sufficient to indicate that a contract
for sale has been made between the parties and signed by the party against whom enforcement
is sought or by his authorized agent or broker. A writing is not insufficient because it omits
or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph
beyond the quantity of goods shown in such writing. (2) Between merchants if within a reasonable
time a writing in confirmation of the contract and sufficient against the sender is received
and the party receiving it has reason to know its contents, it satisfies the requirements
of subsection (1) against such party unless written notice of objection to its contents is
given within 10 days after it is received. (3) A contract...
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8-36-2
Section 8-36-2 Cancellation of residential roofing contract; notice of cancellation; payments.
(a) A person who has entered into a written contract with a residential roofing contractor
to provide goods or services to be paid from the proceeds of a property and casualty insurance
policy may cancel the contract prior to midnight on the fifth business day if the insured
receives written notice from the insurer that all or any part of the claim or contract is
not a covered loss under the insurance policy or that the covered claim will not be sufficient
to cover the amount of the contract. Cancellation shall be evidenced by the insured giving
written notice of cancellation to the residential roofing contractor at the address stated
in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit
into the United States mail, postage prepaid and properly addressed to the residential roofing
contractor and, if given by electronic mail, shall be effective if sent to...
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34-27A-58
Section 34-27A-58 Confirmation of competency; when payments due. (a) Before placing an assignment
with an appraiser, an appraisal management company shall require that the appraiser confirm
in writing or via electronic means that the appraiser receiving the assignment is a competent
appraiser for the performance of the appraisal being assigned. (b) An appraisal management
company operating in this state, except in cases of a mutually agreed upon payment date, breach
of contract, or performance of services that violates Uniform Standards of Professional Appraisal
Practice or any published standards of best practices, shall make payment to an appraiser
for the completion of an appraisal or valuation assignment within 45 days after the date the
appraisal management company, or an assignee, receives a completed appraisal or valuation
study. (Act 2011-701, p. 2161, §3.)...
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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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