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5-26-3
Section 5-26-3 Definitions. For purposes of this chapter, the following definitions shall apply:
(1) DEPOSITORY INSTITUTION. The term "depository institution" has the same meaning
as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (2) FEDERAL
BANKING AGENCIES. The term "federal banking agencies" means the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office
of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance
Corporation. (3) IMMEDIATE FAMILY MEMBER. The term "immediate family member" means
a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships. (4) INDIVIDUAL. The term "individual"
means a natural person. (5) LOAN PROCESSOR OR UNDERWRITER. (a) In General. The term "loan
processor or underwriter" means an individual who performs clerical or support duties
as an...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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36-18-35
Section 36-18-35 Unlawful influence; conflict of interest; penalties. (a) Any person who confers,
offers, or agrees to confer anything of value upon any director, agent, or employee of the
Alabama Department of Forensic Sciences with the intent that such director's, agent's, or
employee's vote, opinion, judgment, or exercise of discretion or other official action will
thereby be influenced, shall be guilty of a Class B felony. (b) Any director, agent, or employee
of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept
anything of value upon any agreement or understanding that such director's, agent's, or employee's
vote, opinion, judgment, or exercise of discretion or other action as such director, agent,
or employee will thereby be influenced, shall be guilty of a Class B felony. (c) A director,
agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing
to disclose a conflict of interest if the director, agent,...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any 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...
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35-8A-410
Section 35-8A-410 Escrow of deposits. (a) As used in this section, except as otherwise provided,
the following terms shall have the following meanings: (1) HARD COSTS. Any and all costs associated
with the actual building and construction of the condominium project, including, but not limited
to, site preparation, building materials, shell features, interior enclosures, fit-out costs,
mechanical and electrical systems, and fixtures. The term hard costs does not include financing
costs, compensation paid to architects, engineers, consultants, sales persons, or attorneys
or for advertising or other marketing costs. (2) QUALIFIED PURCHASER. a. An individual, a
group of individuals, or an entity owned directly or indirectly solely by individuals where
each individual shall have an income of more than two hundred thousand dollars ($200,000)
for the calendar year immediately preceding the date of the purchaser's signing of the purchase
contract, or a joint income with his or her spouse of...
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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a) This
article shall not apply to the transfers of real property between departments, boards, bureaus,
commissions, institutions, corporations, or agencies of the state. These transfers may be
made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber from
school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to the leasing
of oil, gas, and other minerals under Section 9-17-60 et seq.; real property sold by the Department
of Revenue under tax sales and redemptions; to the sale of property by the Alabama Historical
Commission under Section 41-9-249(7); to reversions made under Section 31-4-18; to the sale
or conveyance of real property by the Alabama Housing Finance...
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34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
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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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7-4A-305
Section 7-4A-305 Liability for late or improper execution or failure to execute payment order.
(a) If a funds transfer is completed but execution of a payment order by the receiving bank
in breach of Section 7-4A-302 results in delay in payment to the beneficiary, the bank is
obliged to pay interest to either the originator or the beneficiary of the funds transfer
for the period of delay caused by the improper execution. Except as provided in subsection
(c), additional damages are not recoverable. (b) If execution of a payment order by a receiving
bank in breach of Section 7-4A-302 results in (i) noncompletion of the funds transfer, (ii)
failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment
order that does not comply with the terms of the payment order of the originator, the bank
is liable to the originator for its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (a),...
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