reglab/housing_qa huggingface dataset:
AL Code § 7-2A-104 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-104 - Leases Subject to Other Statutes.

Section 7-2A-104Leases subject to other statutes. (1) A lease, although subject to this article, is also subject to any applicable: (a) certificate of title statute of this state; (b) certificate of title statute of another jurisdiction (Section 7-2A-105); or (c) consumer protection statute of this state. (2) In case of conflict between this article, other than Sections 7-2A-105, 7-2A-304(3), and 7-2A-305(3), and any statute referred to in subsection (1), the provisions of that statute control. (3) Failure to comply with any applicable statute has only the effect specified therein. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §104.)
AL Code § 7-2A-105 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-105 - Territorial Application of Article to Goods Covered by Certificate of Title.

Section 7-2A-105Territorial application of article to goods covered by certificate of title. Subject to the provisions of Sections 7-2A-304(3) and 7-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §105.)
AL Code § 7-2A-106 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-106 - Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum.

Section 7-2A-106Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which (a) the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter, (b) the goods are to be used, or (c) the lease is executed by the lessee, the choice is not enforceable. (2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §106.)
AL Code § 7-2A-107 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-107 - Waiver or Renunciation of Claim or Right After Default.

Section 7-2A-107Waiver or renunciation of claim or right after default. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §107.)
AL Code § 7-2A-108 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-108 - Unconscionability.

Section 7-2A-108Unconscionability. (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) Before making a finding of unconscionability under subsection (1), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §108.)
AL Code § 7-2A-109 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 1 - General Provisions.|Section 7-2A-109 - Option to Accelerate at Will.

Section 7-2A-109Option to accelerate at will. (1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deems himself or herself insecure" or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired. (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §109.)
AL Code § 7-2A-201 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-201 - Statute of Frauds.

Section 7-2A-201Statute of frauds. (1) A lease contract is not enforceable by way of action or defense unless: (a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or (b) there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described. (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing. (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable: (a) if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) with respect to goods that have been received and accepted by the lessee. (5) The lease term under a lease contract referred to in subsection (4) is: (a) if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or (c) a reasonable lease term. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §201.)
AL Code § 7-2A-202 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-202 - Final Written Expression: Parol or Extrinsic Evidence.

Section 7-2A-202Final written expression: parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented: (a) by course of dealing or usage of trade or by course of performance; and (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §202.)
AL Code § 7-2A-203 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-203 - Seals Inoperative.

Section 7-2A-203Seals inoperative. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §203.)
AL Code § 7-2A-204 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-204 - Formation in General.

Section 7-2A-204Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract. (2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §204.)
AL Code § 7-2A-205 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-205 - Firm Offers.

Section 7-2A-205Firm offers. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §205.)
AL Code § 7-2A-206 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-206 - Offer and Acceptance in Formation of Lease Contract.

Section 7-2A-206Offer and acceptance in formation of lease contract. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. (2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §206.)
AL Code § 7-2A-207 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-207 - Course of Performance or Practical Construction.

Section 7-2A-207Course of performance or practical construction. Repealed by Act 2004-524, p. 1070, §3, effective January 1, 2005.  (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §207.)
AL Code § 7-2A-208 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-208 - Modification, Rescission and Waiver.

Section 7-2A-208Modification, rescission and waiver. (1) An agreement modifying a lease contract needs no consideration to be binding. (2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party. (3) The requirements of the statute of frauds section of this article (Section 7-2A-201) must be satisfied if the contract as modified is within its provisions. (4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver. (5) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §208.)
AL Code § 7-2A-209 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract.

Section 7-2A-209Lessee under finance lease as beneficiary of supply contract. (1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom. (2) The extension of the benefit of a supplier's promises and of warranties to the lessee (Section 7-2A-209(1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee. (3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission. (4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1), the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §209.)
AL Code § 7-2A-210 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-210 - Express Warranties.

Section 7-2A-210Express warranties. (1) Express warranties by the lessor are created as follows: (a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description. (c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §210.)
AL Code § 7-2A-211 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-211 - Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement.

Section 7-2A-211Warranties against interference and against infringement; lessee's obligation against infringement. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest. (2) Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like. (3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §211.)
AL Code § 7-2A-212 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-212 - Implied Warranty of Merchantability.

Section 7-2A-212Implied warranty of merchantability. (1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the description in the lease agreement; (b) in the case of fungible goods, are of fair average quality within the description; (c) are fit for the ordinary purposes for which goods of that type are used; (d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (e) are adequately contained, packaged, and labeled as the lease agreement may require; and (f) conform to any promises or affirmations of fact made on the container or label. (3) Other implied warranties may arise from course of dealing or usage of trade. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §212.)
AL Code § 7-2A-213 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-213 - Implied Warranty of Fitness for Particular Purpose.

Section 7-2A-213Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §213.)
AL Code § 7-2A-214 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-214 - Exclusion or Modification of Warranties.

Section 7-2A-214Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Section 7-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (2) Subject to subsection (3): (a) to exclude or modify the implied warranty of "merchantability," or any part of it the language must mention merchantability, be by a writing, and be conspicuous. Language to exclude the implied warranty of merchantability is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be merchantable." (b) to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose." (3) Notwithstanding subsection (2), but subject to subsection (4), (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade. (4) To exclude or modify a warranty against interference or against infringement (Section 7-2A-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. (5) Nothing in subsection (2) or subsection (3)(a) or in Section 7-2A-215 shall be construed so as to limit or expand the lessor's liability for damages for injury to the person in the case of consumer goods. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §214.)
AL Code § 7-2A-215 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-215 - Cumulation and Conflict of Warranties Express or Implied.

Section 7-2A-215Cumulation and conflict of warranties express or implied. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §215.)
AL Code § 7-2A-216 (2021)
2021 Code of Alabama|Title 7 - Commercial Code.|Article 2A - Leases.|Part 2 - Formation and Construction of Lease Contract.|Section 7-2A-216 - Third-Party Beneficiaries of Express and Implied Warranties.

Section 7-2A-216Third-party beneficiaries of express and implied warranties. (1) A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who may reasonably be expected to use, consume, or be affected by the goods and who is injured in person by breach of the warranty. (2) This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. (3) The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any person referred to in subsections (1) and (2) of this section. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §216.)