Title XXVI — TRADE AND COMMERCE

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…

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; …