Title XXVI, TRADE AND COMMERCE

407.664. Reinstatement of agreement, when, conditions. — 1. A consumer who fails to make timely rental payments has the right to reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement within th…

407.665. Violations, penalties — correction of violation — penalty not a bar to civil action. — 1. A violation of any provision or requirement of sections 407.660 to 407.664 shall be deemed a violation of section 407.020 and any person violating such provisions shall be subject t…

407.670. Citation of law. — Sections 407.670 to 407.679 shall be known and may be cited as the "Buyers Club Law". ­­-------- (L. 1988 H.B. 988)

407.671. Definitions. — As used in sections 407.670 to 407.679, the following terms shall mean: (1) "Business day", any day other than a Saturday, Sunday, or legal holiday; (2) "Buying service", "buying club", or "club", any person, corporation, partnership, unincorporated associ…

407.672. Cancellation of membership. — 1. Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before midnight of the third business day following the date on which membership was attained. Such cancellation shall be…

407.673. Contract, requirements, right to cancel. — 1. A fully completed copy of every contract shall be delivered to the member at the time the contract is signed. Every contract shall constitute the entire agreement between seller and member, shall be in writing, shall be signe…

407.674. Delivery date of goods, exception — savings claims, requirements — contracts not in compliance, unenforceable. — 1. Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivere…

407.675. Duration of contract, renewal, terms and limitations. — No contract shall be valid for a term longer than twenty-four months from the date upon which the contract is signed. However, a club may allow a member to convert his contract into a contract for a period longer th…

407.676. Law not applicable, when. — Sections 407.670 to 407.679 shall not apply to: (1) Any buyers club in which the total consideration paid by each buyer in any manner whatsoever for discount buying services does not exceed fifty dollars over the expected life of the contract;…

407.677. Unlawful practices. — 1. It shall be a violation of section 407.020 for any buyers club to fail to disclose to a prospective member in writing, prior to the sale of any contract for discount buying services: (1) That goods or services can only be bought through catalogs …

407.678. Waivers, unenforceable. — Any waiver by the member of the provisions of sections 407.670 to 407.679 shall be deemed contrary to public policy and shall be void and unenforceable. ­­-------- (L. 1988 H.B. 988)

407.679. Violations, penalty — penalty not a bar to civil action. — 1. A violation of any provisions or requirement of sections 407.670 to 407.678 shall be deemed a violation of section 407.020 and any person violating such provisions shall be subject to all penalties, remedies a…

407.700. Home solicitation sale defined. — "Home solicitation sale" means a consumer credit sale of goods, or services, except the sale of real property or interest therein, or the sale of personal property which is incident to the sale of real property or interest therein, in wh…

407.705. Cancellation, notice of, how given — cancellation prohibited, when — business day defined. — 1. Except as provided in subsection 3 of this section, in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until mid…

407.710. Agreement of sale, required statement, exception. — 1. In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or of…

407.715. Duties of seller after cancellation. — 1. Except as provided in this section, within ten days after a home solicitation sale has been cancelled the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness with the word…

407.720. Duties of seller after cancellation — lien of buyer, when. — 1. Except as provided by the provision of section 407.715, within a reasonable time after a home solicitation sale has been cancelled the buyer upon demand must tender to the seller any goods delivered by the s…

407.725. Work and services for insured persons, contractors not to induce sales — cancellation of contracts, requirements, contractor duties — violations, penalty. — 1. As used in this section, the following terms mean: (1) "Contractor", a person or entity in the business of cont…

407.730. Definitions. — As used in sections 407.730 to 407.748, the following terms mean: (1) "Advertisement", oral, written, graphic or pictorial statements made in the course of solicitation of business including, without limitation, any statement or representation made in a ne…

407.732. Advertising, restrictions, requirements — prices advertised, quantity to be sufficient — surcharge fees — other terms, clearly disclosed. — 1. Any advertisement shall be nondeceptive and in plain language. Deception may result not only from a direct statement in the adve…

407.735. Business practices, nondeceptive — collision damage waiver, terms, conditions, notice required — damages, estimates, how made — remedies. — 1. Any business practices utilized by car rental companies in furtherance of their business of renting vehicles to the public shall…

407.738. Actions, unlawful subleasing, who may bring — definitions. — 1. Any one or more of the following persons who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in section 407.742 may bring an action in the ci…

407.740. Penalty, unlawful subleasing — prosecuting attorney, attorney general, duty to commence action, when. — 1. Any person who willfully and knowingly engages in unlawful subleasing of a motor vehicle, as defined in section 407.742, shall be guilty of a class E felony. It sha…

407.742. Unlawful subleasing, elements of crime. — A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met: (1) The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of …

407.745. Assignment or transfer of motor vehicle, not unlawful subleasing, when. — 1. The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a l…

407.748. Violations are unlawful merchandising practices — remedies not exclusive. — 1. Violation of any provision of sections 407.730 to 407.748 shall be deemed an unlawful practice under sections 407.010 to 407.130, and shall be subject to all penalties, remedies and procedures…

407.753. Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause, how established. — 1. Any manufacturer, wholesaler or distributor of industrial, maintenance and construction power equipment used for industrial, maintenance and constr…

407.754. How to apply to successors in interest — successor in interest defined. — The obligations of any wholesaler, manufacturer or distributor created by the provisions of sections 407.750 to 407.754 apply to any successor in interest or assignee of that wholesaler, manufactur…

407.755. Action for damages and costs by retailer for violations — remedy not exclusive. — If a manufacturer, wholesaler or distributor violates any provisions of sections 407.753 and 407.754, a retailer may bring an action against such manufacturer, wholesaler, or distributor in…

407.756. Law, applicability to existing and future contracts. — The provisions of sections 407.750 to 407.756 shall apply to all continuing or nonrenewable contracts and all other contracts entered into, amended, or renewed after August 28, 1991. Any contract in force and effect …

407.800. Going-out-of-business sales, requirements, limitations, extension — exceptions. — Any person, except a licensed auctioneer as defined in section 343.010, who advertises or conducts a going-out-of-business sale or any sale of merchandise which indicates the person conduct…

407.810. Citation of law. — Sections 407.810 to 407.835 shall be known and may be cited as the "Motor Vehicle Franchise Practices Act" or the "MVFP Act". ­­-------- (L. 1980 H.B. 1600 § 1, A.L. 2010 H.B. 2198)

407.811. Public policy statement. — It is declared to be the public policy of the state to provide for fair and impartial regulation of those persons engaged in the manufacturing, distributing, importing, or selling of motor vehicles. The provisions of the MVFP act shall be admin…

407.812. Compliance with act required — applicability of act — engaging in business of selling motor vehicles, entities prohibited from, exception. — 1. Any franchisor obtaining or renewing its license after August 28, 2010, shall be bound by the provisions of the MVFP act and sh…

407.815. Definitions. — As used in sections 407.810 to 407.835, unless the context otherwise requires, the following terms mean: (1) "Administrative hearing commission", the body established in chapter 621 to conduct administrative hearings; (2) "All-terrain vehicle", any motoriz…

407.816. Motor driven vehicle, defined for section 407.815 — exemption for recreational vehicle dealers or manufacturers. — 1. As used in subdivision (7) of section 407.815, the term "motor vehicle" shall not include "trailer" as such term is defined in section 301.010. 2. Prior …

407.817. Establishment or transfer of an existing franchise, procedures for franchisor. — 1. Notwithstanding any provision of a franchise to the contrary, for purposes of the MVFP act, "relevant market area" means: (1) For a proposed new motor vehicle dealer or a new motor vehicl…

407.818. License required. — No franchisor shall engage in business in this state without a license therefor as provided in sections 301.550 to 301.573. No motor vehicle, foreign or domestic, may be sold, leased, or offered for sale or lease in this state unless the franchisor, w…

407.819. Successor manufacturer, restrictions on line-make franchise offers — fair market value calculation. — 1. Notwithstanding any provision in a franchise to the contrary, no successor manufacturer shall, for a period of two years from the date of acquisition of control by th…

407.820. Franchisor subject to jurisdiction of Missouri courts and administrative agencies, when — service of process. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, p…

407.822. Complaint with administrative hearing commission, filing, when — time and place of hearing — notice to parties — final order, when — petition for review of final order — franchisee's right to file complaint, when — notice to franchisee, when, exceptions — statement requi…

407.824. Facility improvements and other changes not required by franchisee, when. — 1. As used in this section, the following terms mean: (1) "Goods", the same meaning as is ascribed to such term under section 400.2-105, except that such term shall not include moveable displays,…

407.825. Unlawful practices. — Notwithstanding the terms of any franchise agreement to the contrary, the performance, whether by act or omission, by a motor vehicle franchisor, whether directly or indirectly through an agent, employee, affiliate, common entity, or representative,…

407.826. New motor vehicle dealership, restrictions on operation of or ownership by a franchisor. — 1. (1) A franchisor shall be prohibited from owning or operating a new motor vehicle dealership in this state. It is not a violation of this section for a franchisor to own or oper…

407.827. Duty of franchisor and franchisee, distribution of dealerships in St. Louis located to serve minorities. — When a franchised dealer or manufacturer proposes to establish or relocate a motor vehicle dealership within any city not within a county, the dealer or manufacture…

407.828. Franchisor's duties to franchisee — schedule of compensation — claims payment — retail rate calculation — audit authority — complaint procedure. — 1. Notwithstanding any provision in a franchise to the contrary, each franchisor shall specify in writing to each of its fra…