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Missouri Statutes, Title XXVI

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Missouri/Statutes

← All Missouri coverage

Title XXVI, TRADE AND COMMERCE

15 chapters · 911 sections in this title.

All chapters in Title XXVI911 Ch 407, Merchandising Practices310 Ch 408, Legal Tender and Interest110 Ch 404, Transfers to Minors — Personal Custo…89 Ch 411, Missouri Grain Warehouse Law89 Ch 417, Trademarks, Names and Private Emblems64 Ch 409, Regulation of Securities59 Ch 416, Monopolies, Discriminations and Cons…59 Ch 414, Fuel Regulation and Conservation43 Ch 413, Weights and Measures26 Ch 402, Trust Funds for Disabled Persons20 Ch 415, Warehouse and Self-Service Storage F…12 Ch 403, Security Transfers by Fiduciaries11 Ch 421, Mattresses10 Ch 419, Innkeepers8

310 sections·Filtered byTitle XXVI✕Ch 407✕

§ 407.829 RSMo Missouri motor vehicle commission's duty to ensure minority-owned businesses in St. Louis
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407.829. Missouri motor vehicle commission's duty to ensure minority-owned businesses in St. Louis. — The Missouri motor vehicle commission, in approving licenses for dealer franchises in any metropolitan statistical area with a population of more than one million inhabitants as …
§ 407.830 RSMo Franchisor's defenses against action by franchisee
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407.830. Franchisor's defenses against action by franchisee. — It shall be a defense for a motor vehicle franchisor, to any action brought under sections 407.810 to 407.835 by a motor vehicle franchisee, if it be shown that such motor vehicle franchisee has failed to substantiall…
§ 407.831 RSMo Indemnification and hold harmless requirements
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407.831. Indemnification and hold harmless requirements. — 1. Notwithstanding the terms of any franchise agreement to the contrary, each franchisor, including any successor manufacturer of that franchisor, shall indemnify and hold harmless each franchisee obtaining a new motor ve…
§ 407.832 RSMo False advertising, prohibition
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407.832. False advertising, prohibition. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. -------- (L. 1997 H.B. 516)

§ 407.833 RSMo Modification of franchise prohibited, when — complaint procedure with administrative hearing commission, written decision required

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407.833. Modification of franchise prohibited, when — complaint procedure with administrative hearing commission, written decision required. — 1. Notwithstanding the term of any franchise to the contrary, a franchisor shall not modify a franchise during the term of the franchise …

§ 407.835 RSMo Franchisee's right to action for damages, injunction, when — recovery of damages — dispute restrictions

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407.835. Franchisee's right to action for damages, injunction, when — recovery of damages — dispute restrictions. — 1. Notwithstanding any provision of the franchise to the contrary, in addition to the administrative relief provided in sections 407.810 to 407.835, any franchisee …

§ 407.838 RSMo Definitions

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407.838. Definitions. — As used in sections 407.838 to 407.848, the following terms shall mean: (1) "Farm equipment", equipment including, but not limited to, tractors, trailers, combines, tillage implements, bailers and other equipment including attachments and repair parts ther…

§ 407.840 RSMo Dealership agreement, termination — cancellation — failure to renew to be based on good cause — good cause defined

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407.840. Dealership agreement, termination — cancellation — failure to renew to be based on good cause — good cause defined. — No farm equipment manufacturer, directly or through any officer, agent or employee may terminate, cancel or fail to renew a dealership agreement or subst…

§ 407.842 RSMo Notice to dealer of cancellation, content — dealer has sixty days to rectify — exceptions

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407.842. Notice to dealer of cancellation, content — dealer has sixty days to rectify — exceptions. — Except as otherwise provided in this section, a farm equipment manufacturer shall provide a farm equipment dealer at least ninety days' prior written notice of termination, cance…

§ 407.844 RSMo Farm equipment manufacturers, certain acts prohibited

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407.844. Farm equipment manufacturers, certain acts prohibited. — No farm equipment manufacturer shall: (1) Coerce, or attempt to coerce, any farm equipment dealer to accept delivery of any farm equipment, parts or accessories therefor, which such farm equipment dealer has not vo…

§ 407.846 RSMo Law applicable to dealer's agreements, when

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407.846. Law applicable to dealer's agreements, when. — The provisions of sections 407.838 to 407.848 shall apply to all dealership agreements now in effect and all other dealership agreements entered into or renewed after September 28, 1987. -------- (L. 1987 S.B. 35)

§ 407.848 RSMo Damages in civil action or injunction for dealer against manufacturer, when

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407.848. Damages in civil action or injunction for dealer against manufacturer, when. — If any farm equipment manufacturer violates any provision of sections 407.838 to 407.848, a farm equipment dealer may bring an action against such manufacturer in any court of competent jurisd…

§ 407.850 RSMo Definitions

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407.850. Definitions. — As used in sections 407.850 to 407.885, the following terms mean: (1) "Current model", a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto; (2) "Current net price", the price listed in the who…

§ 407.855 RSMo Repurchase of farm machinery inventory on termination of dealership — repurchase amount credited to debt of retailers — interest to be paid on credit, when, rate

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407.855. Repurchase of farm machinery inventory on termination of dealership — repurchase amount credited to debt of retailers — interest to be paid on credit, when, rate. — Whenever any retailer enters into a written or oral contract with a wholesaler, manufacturer or distributo…

§ 407.857 RSMo Reimbursement for warranty work performed by certain retail sellers of power equipment

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407.857. Reimbursement for warranty work performed by certain retail sellers of power equipment. — Retailers who sell and service industrial, maintenance and construction power equipment or outdoor power equipment as defined in section 407.850, and who do warranty repair work for…

§ 407.860 RSMo Inventory qualifying for repurchase — percentage to be paid — cost of transportation to warehouse to be paid by retailer — packing and loading, how paid — transferee of manufacturer or distributors, law to apply, when

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407.860. Inventory qualifying for repurchase — percentage to be paid — cost of transportation to warehouse to be paid by retailer — packing and loading, how paid — transferee of manufacturer or distributors, law to apply, when. — 1. The wholesaler, manufacturer or distributor sha…

§ 407.865 RSMo Repurchase not to affect security interest in inventory and to be subject to bulk sales law

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407.865. Repurchase not to affect security interest in inventory and to be subject to bulk sales law. — The provisions of sections 407.850 to 407.885 shall not be construed to affect in any way any security interest which any financial institution, person, wholesaler, manufacture…

§ 407.870 RSMo Inventory which does not qualify for repurchase

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407.870. Inventory which does not qualify for repurchase. — The provisions of sections 407.850 to 407.885 shall not require the repurchase from a retailer of: (1) Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning; …

§ 407.875 RSMo Liability for failure to repurchase inventory

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407.875. Liability for failure to repurchase inventory. — If any wholesaler, manufacturer or distributor shall fail or refuse to repurchase any inventory as required by section 407.860, he shall be civilly liable for one hundred percent of the current net price of the inventory, …

§ 407.880 RSMo Death of retailer or majority stockholder — option of surviving spouse or heir for repurchase of inventory, time limitation, exception

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407.880. Death of retailer or majority stockholder — option of surviving spouse or heir for repurchase of inventory, time limitation, exception. — In the event of the death of the retailer or the spouse of a surviving retailer if the retailer is operating as a tenancy by the enti…

§ 407.885 RSMo Application to existing contracts and future contracts

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407.885. Application to existing contracts and future contracts. — The provisions of sections 407.850 to 407.885 shall apply to all valid contracts now in effect which have no expiration date and are continuing contracts, and all other contracts entered into or renewed after Sept…

§ 407.895 RSMo Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause established, how

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407.895. Manufacturer, wholesaler or distributor not to terminate contract except for good cause — good cause established, how. — Any manufacturer, wholesaler or distributor of outdoor power equipment used for lawn, garden, golf course, landscaping or grounds maintenance, and rep…

§ 407.897 RSMo Law to apply to successors in interest — not applicable, when — application to existing contracts and future contracts

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407.897. Law to apply to successors in interest — not applicable, when — application to existing contracts and future contracts. — 1. The obligations of any wholesaler, manufacturer or distributor created by the provisions of sections 407.890 to 407.898 apply to any successor in …

§ 407.898 RSMo Civil action for unlawful termination of contract, authorized — costs and attorney fees recoverable

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407.898. Civil action for unlawful termination of contract, authorized — costs and attorney fees recoverable. — If a manufacturer, wholesaler or distributor violates any provisions of sections 407.895 and 407.897, a retailer may bring an action against such manufacturer, wholesal…

§ 407.900 RSMo Definitions

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407.900. Definitions. — As used in sections 407.900 to 407.910: (1) The term "art dealer" means a person engaged in the business of selling fine arts. The term "art dealer" does not include any person engaged exclusively in the business of selling goods at public auction; (2) The…

§ 407.902 RSMo Art delivered to art dealer for sale or exhibition deemed consignment, when, exception — written contract required, contents

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407.902. Art delivered to art dealer for sale or exhibition deemed consignment, when, exception — written contract required, contents. — 1. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers, or causes to be delivered, a work …

§ 407.904 RSMo Consignment, effect

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407.904. Consignment, effect. — A consignment of a work of fine art shall result in all of the following: (1) The art dealer, after receipt of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art wit…

§ 407.905 RSMo Art dealer is agent of artist — work of art and sale proceeds held in trust for artist, not subject to creditor of consignee

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407.905. Art dealer is agent of artist — work of art and sale proceeds held in trust for artist, not subject to creditor of consignee. — A work of fine art received as a consignment from the artist who created the work of fine art shall remain trust property, notwithstanding the …

§ 407.907 RSMo Waiver of proceeds in trust by artist, requirements

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407.907. Waiver of proceeds in trust by artist, requirements. — An artist who is a consignor may lawfully waive the provisions of subdivision (3) of section 407.904 if such waiver is clear, conspicuous, in writing, and signed by the artist who is the consignor. No waiver shall be…

§ 407.908 RSMo Contracts, prior to August 13, 1984, not affected, exceptions

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407.908. Contracts, prior to August 13, 1984, not affected, exceptions. — Sections 407.900 to 407.910 shall not apply to a written contract executed prior to August 13, 1984, unless either the parties agree by mutual written consent that sections 407.900 to 407.910 shall apply or…

§ 407.910 RSMo Violations — punitive damage and costs authorized

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407.910. Violations — punitive damage and costs authorized. — Any art dealer or creditor of an art dealer who violates any provision of sections 407.900 to 407.910 with intent to injure shall, in addition to the payment of all other damages and costs owed by him, pay to the artis…

§ 407.911 RSMo Definitions

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407.911. Definitions. — As used in sections 407.911 to 407.915, the following terms mean: (1) "Commission", compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales, or as a …

§ 407.912 RSMo Commission to become due, when — termination of employment, all commissions due, when

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407.912. Commission to become due, when — termination of employment, all commissions due, when. — 1. When a commission becomes due shall be determined in the following manner: (1) The written terms of the contract between the principal and sales representative shall control; (2) …

§ 407.913 RSMo Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs

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407.913. Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs. — Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be …

§ 407.914 RSMo Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction

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407.914. Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction. — A principal who is not a resident or citizen of this state who contracts with a sales representative to solicit orders in this state is declared to be trans…

§ 407.915 RSMo Civil action for all claims against principal may be joined — express or contract waivers of commission laws, invalid

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407.915. Civil action for all claims against principal may be joined — express or contract waivers of commission laws, invalid. — 1. Nothing in sections 407.911 to 407.915 shall invalidate or restrict any other or additional right or remedy available to a sales representative fro…

§ 407.924 RSMo Division of liquor control to enforce underage tobacco sales — annual report submitted

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407.924. Division of liquor control to enforce underage tobacco sales — annual report submitted. — 1. The division of liquor control within the department of public safety shall implement and enforce the provisions of sections 407.925 to 407.934. 2. Beginning January 1, 2003, the…

§ 407.926 RSMo No tobacco sales to minors — penalties — alternative nicotine products and vapor products, sale to minors prohibited — nicotine liquid containers, requirements, penalty

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407.926. No tobacco sales to minors — penalties — alternative nicotine products and vapor products, sale to minors prohibited — nicotine liquid containers, requirements, penalty. — 1. Any person or entity who sells tobacco products, alternative nicotine products, or vapor product…

§ 407.928 RSMo Restrictions on sales of individual packs of cigarettes

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407.928. Restrictions on sales of individual packs of cigarettes. — No person or entity shall sell individual packs of cigarettes or smokeless tobacco products unless such packs satisfy one of the following conditions prior to the time of sale: (1) It is sold through a vending ma…

§ 407.932 RSMo Political subdivisions may make more stringent rules

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407.932. Political subdivisions may make more stringent rules. — Nothing in sections 407.925 to 407.932 shall prohibit local political subdivisions from enacting more stringent ordinances or rules. -------- (L. 1992 S.B. 509, et al. § 14)

§ 407.935 RSMo Definitions

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407.935. Definitions. — As used in sections 407.935 to 407.943, the following words and phrases shall mean: (1) "Contract", any agreement, or any term thereof, between a foreclosure consultant and an owner for the rendition of any service as defined in subdivision (6) of this sec…

§ 407.937 RSMo Right to cancel contract — notice of cancellation, effective when — form of cancellation

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407.937. Right to cancel contract — notice of cancellation, effective when — form of cancellation. — 1. In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the …

§ 407.938 RSMo Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents

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407.938. Contract, form of — notice required, contents — contract to be accompanied by notice of cancellation, contents. — 1. Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant's services and the total amount and terms of co…

§ 407.940 RSMo Foreclosure consultants, unlawful acts — penalty

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407.940. Foreclosure consultants, unlawful acts — penalty. — 1. It shall be unlawful for a foreclosure consultant to knowingly: (1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the fo…

§ 407.941 RSMo Waiver, void — penalty

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407.941. Waiver, void — penalty. — Any waiver by an owner of the provisions of sections 407.935 to 407.943 shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive his rights shall be deemed a violati…

§ 407.943 RSMo Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive

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407.943. Action against foreclosure consultant authorized — exemplary damages authorized — remedies not exclusive. — 1. An owner may bring an action against a foreclosure consultant for any violation of sections 407.935 to 407.943. Judgment shall be entered for actual damages, re…

§ 407.950 RSMo Definitions

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407.950. Definitions. — 1. As used in sections 407.950 to 407.970, the following terms mean: (1) "Assistive device", any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity which includes, but is…

§ 407.953 RSMo Warranty express or implied, one year required

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407.953. Warranty express or implied, one year required. — A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express …

§ 407.955 RSMo Nonconformity of assistive device to be repaired at no cost

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407.955. Nonconformity of assistive device to be repaired at no cost. — If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized…

§ 407.957 RSMo Nonconformity not repaired within reasonable time, options of consumer

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407.957. Nonconformity not repaired within reasonable time, options of consumer. — 1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement set forth under subsection 2 of this section. 2. If, after a reasona…