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8-20A-5
Section 8-20A-5 No dealership liability. Nothing in this chapter imposes any liability upon
a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against
a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may
not be made a party defendant in any action involving or relating to this chapter. The manufacturer
shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer
for any costs, including, but not limited to, any refunds or vehicle replacements, incurred
by the manufacturer arising out of this chapter. (Acts 1990, No. 90-479, p. 701, §5.)...
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40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed under
this article shall obtain a supplemental license for each additional place of business, in
a manner as prescribed by the commissioner and upon payment of an additional application fee
of five dollars ($5) for each additional location. The signage and other requirements of Section
40-12-392 shall apply to each additional place of business. Only one licensed dealer shall
operate at the same place of business. (b) Notwithstanding the requirement that sales of new
and used motor vehicles shall be made only from the permanent location of the new or used
motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles from locations
off-site of their permanent locations on the following conditions: (1) The off-site sales
events shall not exceed three per dealer per license year with each sale not to exceed 10
consecutive calendar days in duration. Off-site sales of new motor...
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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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8-20A-4
Section 8-20A-4 Resale of returned motor vehicle. If a motor vehicle has been returned to the
manufacturer under the provisions of this chapter or a similar statute of another state, whether
as the result of a legal action or as the result of an informal dispute settlement proceeding,
it may not be resold in this state unless: (1) The manufacturer discloses in writing to the
subsequent purchaser the fact that the motor vehicle was returned under the provisions of
this chapter and the nature of the nonconformity to the vehicle warranty. (2) The manufacturer
returns the title of the motor vehicle to the Alabama Department of Revenue advising of the
return of the motor vehicle under provisions of this chapter with an application for title
in the name of the manufacturer. The Department of Revenue shall brand the title issued to
the manufacturer and all subsequent titles to the motor vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT...
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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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8-20-13
Section 8-20-13 Procedure, protection, and remedies available to motor vehicle distributors.
All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections
8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose
distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer
or an importer. (Acts 1991, No. 91-567, p. 1048, §1.)...
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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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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)...
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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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8-20-14
Section 8-20-14 Applicability of chapter. This chapter shall apply to all franchise or dealer
agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements,
amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle
Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise
or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act
2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice
of law clause in any franchise or dealer agreement, waiver, or other written instrument. These
provisions shall apply to all written agreements between a manufacturer and dealer including,
but not limited to, the franchise offering, the franchise agreement, sales of goods, services
or advertising, leases or deeds of trust of real or personal property, promises to pay, security
interests, pledges, insurance contracts, advertising contracts,...
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