Title XXVI, TRADE AND COMMERCE

407.589. Affirmative defenses. — 1. It shall be an affirmative defense to any claim under sections 407.585 to 407.592 that: (1) An alleged nonconformity does not substantially impair the use, market value, or safety of the farm machinery; (2) A nonconformity is the result of abus…

407.590. Information on remedies to be furnished consumer — notice of complaint to manufacturer required — manufacturer's duties, time limitation — farm machinery furnished to consumer, when — costs to dealer to be reimbursed, actions brought when. — 1. The manufacturer shall pro…

407.592. Law applicable to machinery sold after January 1, 1988, not to affect prior contracts — dealers reimbursed for labor, rate. — Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 sha…

407.600. Definitions. — As used in sections 407.600 to 407.630, the following terms shall mean: (1) "Accommodations", any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure which is situated on real property…

407.610. Promotion program, notice to attorney general, requirements — unlawful practices — failure to comply, penalty. — 1. Any person who intends to use any promotional device or promotional program, including any sweepstakes, gift award, drawing or display booth, or any other …

407.620. Cancellation of purchase — printed notice of right to cancel to be given purchaser — form requirements. — In addition to any other remedy by which such an agreement may be rescinded or otherwise voided, a purchaser of a time-share plan or time-share property has five day…

407.625. Exchange program — information required to be furnished purchaser — exchange companies to file certain information annually — failure to comply, penalty. — 1. If a purchaser is offered the opportunity to subscribe to any exchange program, the developer shall, except as p…

407.630. Violation of regulations — penalty. — 1. A time-share plan or time-share property is merchandise under the provisions of this chapter and the sale or offering for sale of such plans or property shall be subject to the provisions of sections 407.010 to 407.140, unless oth…

407.635. Definitions. — As used in sections 407.635 to 407.644, the following words and phrases shall mean: (1) "Buyer", an individual who is solicited to purchase or who purchases the services of a credit services organization; (2) "Consumer reporting agency" has the meaning ass…

407.637. Credit service organization — exemptions. — 1. A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides or represents that the person can or will pro…

407.638. Prohibited activities. — A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not: (1) Charge a buyer or rec…

407.639. Copy of bond to be filed with director of finance — purpose of bond — amount of bond — statement by director of finance. — 1. This section applies to a credit services organization required by subdivision (1) of section 407.638 to obtain a surety bond or establish a sure…

407.640. Registration statements, filing, contents, fee. — 1. A credit services organization shall file a registration statement with the director of finance before conducting business in this state. The registration statement must contain: (1) The name and address of the credit …

407.641. Contract, writing, contents. — 1. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing: (1) A complete and detailed descrip…

407.642. Contract requirements, cancellation clause. — 1. Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer and must include: (1) A statement in ty…

407.643. Waiver of buyer's rights void. — 1. A credit services organization may not attempt to cause a buyer to waive a right under sections 407.635 to 407.644. 2. A waiver by a buyer of any part of sections 407.635 to 407.644 is void. ­­-------- (L. 1991 S.B. 112 § 8)

407.644. Actions — damages — penalties. — 1. (1) A buyer injured by a violation of sections 407.635 to 407.644 may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable a…

407.660. Citation of law. — Sections 407.660 to 407.665 shall be known and may be cited as the "Rental-Purchase Agreement Law". ­­-------- (L. 1988 H.B. 988)

407.661. Definitions. — As used in sections 407.660 to 407.665 the following terms shall mean: (1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation …

407.662. Rental-purchase agreements, in writing — prohibited provisions — required provisions. — 1. A rental-purchase agreement shall be in the form of a written statement and shall constitute the entire agreement between the merchant and consumer. All amounts shall be stated in …

407.663. Advertisements, requirements. — An advertisement for a rental-purchase agreement that refers to or states the amount of the payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state: (1) That the transac…

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…