reglab/housing_qa huggingface dataset:
AL Code § 8-21A-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.|Section 8-21A-11 - Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer's Control.

Section 8-21A-11Supplier to indemnify dealer against claims relating to manufacture, assembly, or design beyond dealer's control. The supplier will fully indemnify and hold harmless its dealer against any losses, including but not limited to: court costs, reasonable attorney's fees, any damages arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty either express or implied, or recession of the sale where the complaint, claim or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts, or accessories, or other matters relating to the manufacturer, beyond the control of the dealer. (Acts 1991, No. 91-721, p. 1401, §11.)
AL Code § 8-21A-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.|Section 8-21A-12 - Action for Injunction, Damages, etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.

Section 8-21A-12Action 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.)
AL Code § 8-21A-13 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21A - The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.|Section 8-21A-13 - Statute of Limitations; Accrual of Cause of Action.

Section 8-21A-13Statute of limitations; accrual of cause of action. Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter. (Acts 1991, No. 91-721, p. 1401, §13.)
AL Code § 8-21B-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-1 - Short Title.

Section 8-21B-1Short title. This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act. (Act 2009-755, p. 2279, §1.)
AL Code § 8-21B-2 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-2 - Legislative Findings.

Section 8-21B-2Legislative findings. The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the conduct of heavy equipment suppliers and dealers and their representatives doing business in this state in order to prevent fraud, unfair business practices, unfair methods of competition, and other abuses upon its citizens. (Act 2009-755, p. 2279, §2.)
AL Code § 8-21B-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-3 - Definitions.

Section 8-21B-3Definitions. The following words shall have the following meanings: (1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business in this state. If a dealer's retail sales volume of heavy equipment and heavy equipment parts purchased from a single supplier is greater than 70 percent of such dealer's total retail sales volume of heavy equipment and heavy equipment parts during the 12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier shall not be subject to this chapter with respect to the dealer agreement and transactions between them, but the dealer shall otherwise be subject to this chapter with respect to dealer agreements and transactions with other suppliers. (2) DEALER AGREEMENT. The agreement or contract, expressed or implied, oral or written, by and between a dealer and supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of heavy equipment. (3) EQUIPMENT or HEAVY EQUIPMENT. Self-propelled, self-powered, or pull-type equipment and machinery, primarily employed for construction, industrial, maritime, mining, or forestry usage. The term shall not include: a. Motor vehicles requiring registration and certificates of title. b. Equipment used for agriculture, horticulture, livestock, grazing, lawn and garden, or light industrial purposes which are subject to Chapter 21A. (4) NET COST. The price the dealer pays to the supplier for heavy equipment and parts, including the freight costs from the supplier's location to the dealer's location, minus all applicable discounts allowed by the supplier. (5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased from the supplier for use on heavy equipment. (6) PERSON. A natural person, partnership, association, corporation, or other legal entity or a combination of legal entities. The term also includes heirs, assigns, personal representatives, guardians, and successors in interest. (7) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale or lease of heavy equipment under the terms of a dealer agreement. (8) SUPPLIER. A person, partnership, corporation, association, or other form of business enterprise engaged in the manufacture, assembly, or wholesale distribution of heavy equipment and parts related thereto or any officer or agent thereof. The term also includes any successor in interest including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original supplier. (Act 2009-755, p. 2279, §3.)
AL Code § 8-21B-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-4 - Amendment, Termination, etc., of Dealer Agreement - Good Cause Required.

Section 8-21B-4Amendment, termination, etc., of dealer agreement - Good cause required. (a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has first complied with this chapter and good cause exists for amendment, termination, nonrenewal, or causing of resignation. The term good cause shall not include the sale or purchase of a supplier. The term good cause shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Alabama or dealer performance deficiencies including, but not limited to, failure by the dealer to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a dealer to do the following: (1) Maintain a sales volume or trend of the supplier's product line or lines comparable to that of other similarly situated dealers of that product line. (2) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated. (b) In any determination as to whether a dealer has failed to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the relevant market area of the dealer and to other comparable market areas. (c) No supplier shall be required to give notice or show good cause pursuant to subsection (a) to unilaterally amend dealer agreements to comply with federal or state law or, where not inconsistent with this chapter, to amend uniformly dealer agreements as to all dealers of the supplier in all states in which the supplier is marketing its products. (d) In any dispute as to whether a supplier has acted with good cause as required by this chapter, the supplier shall have the burden of proof to establish that good cause existed. (Act 2009-755, p. 2279, §4.)
AL Code § 8-21B-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-5 - Amendment, Termination, etc., of Dealer Agreement - Notice.

Section 8-21B-5Amendment, termination, etc., of dealer agreement - Notice. (a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, or nonrenewal. (b) Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition or conditions which may be rectified by action of the dealer, the dealer shall have 90 days from the date of notice from the supplier in which to take such action and, within such 90-day period, shall give written notice to the supplier if and when such action is taken. If the condition or conditions have been rectified by the dealer, then the proposed amendment, termination, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the dealer has not rectified one or more of such conditions, the supplier must give written notice of such claimed deficiency to the dealer within 15 days after the dealer gave notice to the supplier of the action taken. (c) During the 120-day notice period provided for in subsection (a), the dealer shall have the right to contract for a transfer of the dealership business or dealer agreement to another person who meets the material and reasonable qualifications and standards required by the supplier for its dealers. The dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120-day notice period. (d) A dealer agreement may be immediately terminated, amended, or nonrenewed and no notice shall be required if the reason for the amendment, termination, or nonrenewal is any of the following: (1) The bankruptcy or receivership of the dealer. (2) An assignment by the dealer for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a dealer for the purpose of securing financing in the ordinary course of business. (3) Willful or intentional misrepresentation made by the dealer to the supplier with the express intent to defraud the supplier. (4) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the dealer's reasonable control. (5) A final conviction of the dealer principal of a felony. (Act 2009-755, p. 2279, §5.)
AL Code § 8-21B-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-6 - Consent to Transfers.

Section 8-21B-6Consent 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, p. 2279, §6.)
AL Code § 8-21B-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-7 - Delivery of Notice.

Section 8-21B-7Delivery of notice. Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid. (Act 2009-755, p. 2279, §7.)
AL Code § 8-21B-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-9 - Incorporation of Chapter Into Dealer Agreement.

Section 8-21B-9Incorporation of chapter into dealer agreement. This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter. (Act 2009-755, p. 2279, §9.)
AL Code § 8-21B-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-10 - Reasonableness.

Section 8-21B-10Reasonableness. This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable. (Act 2009-755, p. 2279, §10.)
AL Code § 8-21B-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-11 - Indemnification.

Section 8-21B-11Indemnification. Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys' fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either of the following:  (1) The manufacture, assembly, or design of heavy equipment, parts, or accessories by the supplier.  (2) Other functions by the supplier beyond the control of the dealer including, without limitation, the selection by the supplier of parts or components for the heavy equipment. (Act 2009-755, p. 2279, §11.)
AL Code § 8-21B-12 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-12 - Repurchase of Items by Supplier.

Section 8-21B-12Repurchase of items by supplier. Upon voluntary or involuntary termination, nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier shall repurchase from the dealer the following: (1) All heavy equipment which has been acquired from the supplier within three years prior to the date of notice of the termination, nonrenewal, or discontinuance of the dealer agreement and which has not previously been sold by the dealer. The heavy equipment shall be repurchased at the net cost to the dealer. The heavy equipment shall be delivered to the supplier at the dealer's premises. (2) All parts acquired by the dealer from the supplier, or its approved sources, within seven years prior to the date of notice of termination, nonrenewal, or discontinuance. The supplier shall repurchase the parts at the net cost to the dealer. The parts shall be delivered to the supplier at the dealer's premises. (3) Specialized repair tools, signage, books, and supplies previously purchased by the dealer pursuant to requirements of the supplier and held by the dealer on the date of termination. The supplier shall repurchase the specialized repair tools, signs, books, and supplies at the net cost to the dealer. (4) The supplier shall pay the dealer for the items in subdivisions (1) through (3) within 90 days after tender by the dealer of these items at the dealer's premises. If the supplier shall fail or refuse to pay the compensation to the dealer within 90 days, the supplier shall be liable to the dealer for the total amount of 115 percent of the net cost of these items, plus court costs and reasonable attorney's fees in the event of a civil action by the dealer. The supplier shall pay the cost of the return, handling, packing, and loading of all of the items repurchased under this section. (Act 2009-755, p. 2279, §12.)
AL Code § 8-21B-13 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-13 - Remedies.

Section 8-21B-13Remedies. Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. (Act 2009-755, p. 2279, §13.)
AL Code § 8-21B-14 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-14 - Civil Action.

Section 8-21B-14Civil action. Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter. (Act 2009-755, p. 2279, §14.)
AL Code § 8-21B-15 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21B - Alabama Heavy Equipment Dealer Act.|Section 8-21B-15 - Application of Chapter.

Section 8-21B-15Application of chapter. This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009. (Act 2009-755, p. 2279, §17.)
AL Code § 8-21C-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-1 - Legislative Intent; Applicability.

Section 8-21C-1Legislative intent; applicability. (a) It is the intent of the Legislature to protect the public health, safety, and welfare of the residents of the state by regulating the relationship between recreational vehicle dealers, manufacturers, and distributors, by maintaining competition, and by providing consumer protection and fair trade. (b) This chapter applies to manufacturer and dealer agreements entered into on or after October 1, 2011. (c) Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter 20 of Title 8. (Act 2011-636, p. 1529, §1.)
AL Code § 8-21C-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 21C - Sale of Recreational Vehicles.|Section 8-21C-3 - Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor.

Section 8-21C-3Manufacturer and dealer agreement - Required for sales by manufacturer or distributor. (a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties. (2) A dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer and dealer agreement with a manufacturer or distributor which has been signed by both parties. (b) The manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection (c), the manufacturer or distributor may not review or change the area of sales responsibility without the consent of both parties or contract with another dealer for the sale of the same line-make in the designated area until at least one year after the execution of the manufacturer and dealer agreement. (c) If, subsequent to entering into a manufacturer and dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicle products, or enters into an agreement to increase its pre-existing commitment to sell any competing recreational vehicle products, a manufacturer or distributor may revise the area of sales responsibility designated in the manufacturer and dealer agreement if the market penetration of the manufacturer's or distributor's products is jeopardized by the dealer's subsequent agreements. (d) When taking on an additional line-make of recreational vehicle, a dealer shall notify in writing any manufacturer or distributor of a competing similar product line with whom the dealer has a manufacturer and dealer agreement at least 30 days subsequent to entering into a manufacturer and dealer agreement with the manufacturer or distributor of the additional line-make. (Act 2011-636, p. 1529, §3.)