Title XXVI — TRADE AND COMMERCE

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. 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. 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. False advertising, prohibition. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. ­­-------- (L. 1997 H.B. 516)

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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…

*407.925. Definitions. — As used in sections 407.925 to 407.934, the following terms mean: (1) "Alternative nicotine product", any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other mean…

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…

*407.927. Required sign stating violation of state law to sell tobacco, alternative nicotine products, or vapor products to minors under age 18 — display of sign required on displays and vending machines. — The owner of an establishment at which tobacco products, alternative nico…

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…

*407.929. Proof of age required, when — defense to action for violation is reasonable reliance on proof — liability. — 1. A person or entity selling tobacco products, alternative nicotine products, or vapor products or rolling papers or distributing tobacco product, alternative n…

*407.931. Unlawful to sell or distribute tobacco products, alternative nicotine products, or vapor products to minors — vending machine requirements — what persons are liable — owners exempt, when — appeal to administrative hearing commission, when. — 1. It shall be unlawful for …

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)

*407.933. Minors employed by division of liquor control may purchase tobacco products, alternative nicotine products, or vapor products for enforcement purposes — misrepresentation of age, penalty. — 1. No person less than eighteen years of age shall purchase, attempt to purchase…

*407.934. Sales tax license required to sell tobacco products, alternative nicotine products, or vapor products — division of liquor control to have inspection authority — limitations on use of minors for enforcement purposes. — 1. No person shall sell cigarettes, tobacco product…

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. 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. 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. 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…