reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.818 - License required.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2010
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, which issues a franchise to a franchisee in this state, is licensed under sections 301.550 to 301.573. No franchisor shall modify the area of responsibility to avoid the requirements of section 407.817 or 407.833, or any other section of the MVFP act. Each franchisor shall renew its license annually by the date specified by the department of revenue.
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(L. 2010 H.B. 2198)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.819 - Successor manufacturer, restrictions on line-make franchise offers — fair market value calculation.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2010
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 that successor manufacturer of a line-make from a predecessor manufacturer, offer a franchise to any person for a line-make of a predecessor manufacturer in any portion of the relevant market area in which the predecessor manufacturer previously cancelled, terminated, noncontinued, failed to renew, or otherwise ended a franchise agreement with a franchisee who had a franchise facility in that relevant market area without first offering the franchise to the former franchisee at no cost, unless:
(1) Within sixty days of the former franchisee's cancellation, termination, noncontinuance, or nonrenewal, the predecessor manufacturer had consolidated the line-make with another of its line-makes for which the predecessor manufacturer had a franchisee with a then-existing franchise facility in that relevant market area;
(2) The successor manufacturer has paid the former franchisee the fair market value of the former franchisee's motor vehicle dealership in accordance with this section;
(3) The predecessor manufacturer successfully terminated the former franchisee under subdivision (5) of section 407.825.
2. For purposes of this section, the fair market value of a former franchisee's motor vehicle dealership shall be calculated as of the date of the following that yields the highest fair market value: the date the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal; the date the action that resulted in cancellation, termination, noncontinuance, or nonrenewal became final; or the date twelve months prior to the date that the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal.
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(L. 2010 H.B. 2198)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.820 - Franchisor subject to jurisdiction of Missouri courts and administrative agencies, when — service of process.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2001
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, purchasing, selling, or contracting to purchase or to sell new motor vehicles, or who, being a motor vehicle franchisor, is transacting or transacts any business with a motor vehicle franchisee who maintains a place of business within the state and with whom he or she has a franchise, shall be subject to the jurisdiction of the courts and administrative agencies of the state of Missouri, upon service of process in accordance with the provisions of section 506.510, irrespective of whether such person is a manufacturer, importer, distributor or dealer in new motor vehicles.
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(L. 1980 H.B. 1600 § 3, A.L. 2001 H.B. 575 merged with H.B. 693)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.827 - Duty of franchisor and franchisee, distribution of dealerships in St. Louis located to serve minorities.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
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 manufacturer shall make reasonable efforts to establish or relocate such dealership in an area within such city that improves the equitable distribution of dealerships within such city and is conveniently located to serve minorities who reside in such city.
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(L. 1997 H.B. 516)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.829 - Missouri motor vehicle commission's duty to ensure minority-owned businesses in St. Louis.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
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 defined by the federal Office of Management and Budget or its successor agency shall ensure that the community of dealer franchises shall reflect an adequate percentage of minority-owned businesses.
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(L. 1997 H.B. 516)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.830 - Franchisor's defenses against action by franchisee.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1980
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 substantially comply with reasonable and lawful requirements imposed by the franchise and other agreements ancillary or collateral thereto, or if the motor vehicle franchisee, or any of its officers, have been convicted of a felony relevant to business honesty or business practices, or if the motor vehicle franchisee has ceased conducting its business or has abandoned the franchise, or is insolvent as that term is defined in subdivision (23) of section 400.1-201, or has filed a voluntary petition in bankruptcy, or has made an assignment for benefit of creditors, or has been the subject of an involuntary proceeding under the federal bankruptcy act or under any state insolvency law which is not vacated within twenty days from the institution thereof, or there has been an appointment of a receiver or other officer having similar powers for the motor vehicle franchisee or the motor vehicle franchisee's business who is not removed within twenty days from his appointment, or there has been a levy under attachment, execution or similar process which is not within ten days vacated or removed by payment or bonding, and it shall be a defense to any action brought under sections 407.810 to 407.835 that the complained of conduct by a motor vehicle franchisor was undertaken in good faith in pursuit of rights or remedies accorded to a motor vehicle franchisor as a seller of goods or a holder of a security interest under the provisions of chapter 400.
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(L. 1980 H.B. 1600 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.831 - Indemnification and hold harmless requirements.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2010
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 vehicle from the franchisor from and against any liability, including reasonable attorney's fees, expert witness fees, court costs, and other expenses incurred in the litigation, so long as such fees and costs are reasonable, that the franchisee may be subjected to by the purchaser of the vehicle because of damage to the motor vehicle that occurred before delivery of the vehicle to the franchisee and that was not disclosed in writing to the franchisee prior to delivery of the vehicle. This indemnity obligation of the franchisor applies regardless of whether the damage falls below the six percent threshold under subsection 2 of this section. The failure of the franchisor to indemnify and hold harmless the franchisee is a violation of this section.
2. If the cost of repairing damage to a new motor vehicle that occurs before delivery to the franchisee's location exceeds six percent of the manufacturer's suggested retail price, as measured by retail repair costs, the franchisee may reject or, if title has passed to the franchisee, require the franchisor who delivered the vehicle to repurchase the vehicle within ten business days after delivery, unless the damage occurred during shipment and the method of transportation, carrier, or transporter of the motor vehicle was designated by the franchisee. Upon repurchase, the franchisor shall be subrogated to all of the franchisee's rights against the carrier or transporter of the motor vehicle regarding damage. The cost of repairing glass, tires, bumpers, moldings, and audio equipment with identical manufacturer's original equipment shall not be included in determining the cost of repairing damage under this subsection.
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(L. 2010 H.B. 2198)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.832 - False advertising, prohibition.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1997
407.832. False advertising, prohibition. —
No franchisee or franchisor shall use any false, deceptive or misleading advertising.
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(L. 1997 H.B. 516)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.838 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 thereof used in the planting, cultivating, irrigation, harvesting and marketing of agricultural products, excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway;
(2)
"Farm equipment manufacturer"
or
"manufacturer"
, any person, partnership, corporation, association or other form of business enterprise engaged in the manufacturing, assembly or wholesale distribution of farm equipment;
(3)
"Farm equipment dealer"
,
"farm equipment dealership"
or
"dealer"
, any person, partnership, corporation, association or other form of business enterprise engaged in the retail sale of farm equipment;
(4)
"Dealership agreement"
, a written or oral agreement of definite or indefinite duration between a farm equipment manufacturer and a farm equipment dealer which provides for the rights and obligations of the parties with respect to the purchase or sale of farm equipment.
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(L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.840 - Dealership agreement, termination — cancellation — failure to renew to be based on good cause — good cause defined.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 substantially change the competitive circumstances of a farm equipment dealership without good cause.
Good cause
means failure by a farm equipment dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealership agreement if such requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:
(1) The farm equipment dealer has transferred an interest in the farm equipment dealership without the manufacturer's written consent, or there has been a withdrawal from the dealership of an individual proprietor, partner, major shareholder, or the manager of the dealership, or there has been a substantial reduction in interest of a partner or major stockholder without the written consent of the manufacturer;
(2) The farm equipment dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty days after the filing, or there has been a closeout or sale of a substantial part of the dealer's assets related to the farm equipment dealership or there has been a commencement or dissolution or liquidation of the farm equipment dealership;
(3) There has been a change, without the prior written approval of the manufacturer, in the location of the dealer's principal place of business under the dealership agreement;
(4) The farm equipment dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the farm equipment manufacturer, or there has been a revocation or discontinuance of any guarantee of the dealer's present or future obligations to the farm equipment manufacturer;
(5) The farm equipment dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned his
*
business;
(6) The farm equipment dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and manufacturer;
(7) The dealer has engaged in conduct which is injurious or detrimental to the dealer's customers or to the public welfare;
(8) The farm equipment dealer has consistently failed to meet the manufacturer's requirements for reasonable market penetration based on the manufacturer's experience in other comparable marketing areas.
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(L. 1987 S.B. 35)
*Word "its" appears in original rolls.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.842 - Notice to dealer of cancellation, content — dealer has sixty days to rectify — exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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, cancellation or nonrenewal of the dealership agreement. The notice shall state all reasons constituting good cause for termination, cancellation or nonrenewal and shall provide that the dealer has sixty days in which to cure any claimed deficiency. If the deficiency is rectified within sixty days, the notice shall be void. The notice and right to cure provisions under this section shall not apply if the reason for termination, cancellation or nonrenewal is for any reason set forth in subdivisions (1) to (8) of section 407.840.
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(L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.844 - Farm equipment manufacturers, certain acts prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 voluntarily ordered;
(2) To condition or attempt to condition the sale of any farm equipment on a requirement that the farm equipment dealer also purchase any other goods or services but nothing contained in sections 407.838 to 407.848 shall prevent the farm equipment manufacturer from requiring the dealer to purchase all parts reasonably necessary to maintain the quality of operation in the field of any farm equipment used in the trade area;
(3) To coerce or attempt to coerce any farm equipment dealer into a refusal to purchase the farm equipment manufactured by another farm equipment manufacturer;
(4) To discriminate in the prices charged for farm equipment of like grade and quality sold by the farm equipment manufacturer to similarly situated farm equipment dealers, but nothing contained in sections 407.838 to 407.848 shall prevent differentials which make only due allowance for difference in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such farm equipment is sold or delivered, by the farm equipment manufacturer.
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(L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.846 - Law applicable to dealer's agreements, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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.
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(L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.848 - Damages in civil action or injunction for dealer against manufacturer, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 jurisdiction for damages sustained by the dealer as a consequence of the manufacturer's violation, together with the actual costs of the action, including reasonable attorneys fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
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(L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.850 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2002
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 wholesaler's, manufacturer's or distributor's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts;
(3)
"Inventory"
, equipment, implements, machinery, attachments and repair parts;
(4)
"Net cost"
, the price the retailer actually paid for the merchandise to the wholesaler, manufacturer or distributor, plus freight from the wholesaler's, manufacturer's or distributor's location to the dealer's location;
(5)
"Retailer"
, any person, firm or corporation engaged in the business of selling, repairing and retailing:
(a) Farm implements, machinery, attachments or repair parts;
(b) Industrial, maintenance and construction power equipment; or
(c) Outdoor power equipment used for lawn, garden, golf course, landscaping or grounds maintenance;
­­but shall not include retailers of petroleum and motor vehicles and related automotive care and replacement products normally sold by such retailers.
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(L. 1982 H.B. 958 § 1, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)
(1991) Distributor of farm equipment violated statute by refusing to repurchase retailer's repair parts inventory upon the retailer's retirement from business. Lewis G. Moore & Co. v. Massey-Ferguson, Inc., 756 F.Supp. 424 (W.D. Mo.).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 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.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 distributor wherein the retailer agrees to maintain an inventory and the contract is terminated by the wholesaler, manufacturer, distributor, or retailer, or upon the retailer's retirement at sixty-two years of age or older, then the retailer may require the repurchase of the inventory as provided for in sections 407.850 to 407.885. In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer or distributor shall repurchase the inventory as provided for in section 407.880. If the retailer has any outstanding debts to the wholesaler, manufacturer or distributor, then the repurchase amount may be credited to the retailer's account. All payments or allowances of credit due retailer shall be paid or credited within sixty days after the return of implements, machinery, attachments or repair parts. After sixty days all payments or allowances shall include interest at the rate stated in section 408.040.
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(L. 1982 H.B. 958 § 2, A.L. 1985 H.B. 604, A.L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.857 - Reimbursement for warranty work performed by certain retail sellers of power equipment.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2001
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 a consumer under provisions of a manufacturer's express warranty, shall be reimbursed by the manufacturer for the warranty work at an hourly rate that is the same or greater than the hourly labor rate the retailer currently charges consumers for nonwarranty repair work.
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(L. 2001 S.B. 462)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 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.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2002
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 shall repurchase that inventory previously purchased from him and held by the retailer at the date of termination of the contract. The provisions of sections 407.850 to 407.885 shall apply to the transferee of such wholesaler, manufacturer or distributor if such transferee acquired substantially all of the assets of such wholesaler, manufacturer or distributor. The wholesaler, manufacturer or distributor shall pay one hundred percent of the net cost of all new, unsold, undamaged and complete equipment, implements, machinery, and attachments and ninety-five percent of the current net price of all new, unused and undamaged repair parts. The retailer shall pay the cost of transportation to the nearest warehouse maintained by the wholesaler, manufacturer, or distributor, or to a mutually agreeable site. The wholesaler, manufacturer or distributor shall pay the retailer five percent of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The wholesaler, manufacturer or distributor shall have the option of performing the handling, packing and loading in lieu of paying the five percent for these services. The retailer shall pay the cost of transportation to the nearest warehouse maintained by the wholesaler, manufacturer, or distributor, or to a mutually agreeable site.
2. Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer or distributor.
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(L. 1982 H.B. 958 § 3, A.L. 1987 S.B. 35, A.L. 2002 H.B. 1348 merged with H.B. 2008)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.865 - Repurchase not to affect security interest in inventory and to be subject to bulk sales law.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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, manufacturer or distributor may have in the inventory of the retailer, and any repurchase under the provisions of sections 407.850 to 407.885 shall be subject to the provisions of the bulk sales law.
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(L. 1982 H.B. 958 § 4, A.L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.870 - Inventory which does not qualify for repurchase.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2002
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;
(2) Any inventory for which the retailer is unable to furnish evidence, satisfactory to the wholesaler, manufacturer or distributor, of title, free and clear of all claims, liens and encumbrances;
(3) Any inventory which the retailer desires to keep, provided the retailer has a contractual right to do so;
(4) Any equipment, implements, machinery, and attachments which are not in new, unused, undamaged, or complete condition;
(5) Any repair parts which are not in new, unused, or undamaged condition;
(6) Any equipment, implements, machinery or attachments which were purchased twenty-four months or more prior to notice of termination of the contract;
(7) Any inventory which was ordered by the retailer on or after the date of notification of termination of the contract;
(8) Any inventory which was acquired by the retailer from any source other than the wholesaler, manufacturer or distributor or transferee of such wholesaler, manufacturer or distributor unless such inventory was acquired from any source authorized or arranged by the manufacturer.
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(L. 1982 H.B. 958 § 5, A.L. 1987 S.B. 35, A.L. 2000 H.B. 1142, A.L. 2002 H.B. 1348 merged with H.B. 2008)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.875 - Liability for failure to repurchase inventory.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
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, plus any freight charges paid by the retailer, the retailer's attorney's fees, and court costs.
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(L. 1982 H.B. 958 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.880 - Death of retailer or majority stockholder — option of surviving spouse or heir for repurchase of inventory, time limitation, exception.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1982
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 entireties or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer or distributor shall, at the option of the surviving spouse or the heir or heirs, repurchase the inventory from the surviving spouse or the heir or heirs of the retailer or majority stockholder as if the wholesaler, manufacturer or distributor had terminated the contract. The surviving spouse or the heir or heirs shall have one year from the date of the death of the retailer or majority stockholder to exercise their options under sections 407.850 to 407.885. Nothing in sections 407.850 to 407.885 shall require the repurchase of any inventory if the surviving spouse or the heir or heirs and wholesaler, manufacturer or distributor enter into a new contract to operate the retail dealership.
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(L. 1982 H.B. 958 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.885 - Application to existing contracts and future contracts.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1987
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 September 28, 1987. Any contract in force and effect on September 28, 1987, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to September 28, 1987.
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(L. 1982 H.B. 958 § 8, A.L. 1987 S.B. 35)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.897 - Law to apply to successors in interest — not applicable, when — application to existing contracts and future contracts.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
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 interest or assignee of that wholesaler, manufacturer, or distributor. A successor in interest includes any purchaser of substantially all of the assets or over fifty percent of the stock, any surviving corporation resulting from a merger or liquidation, any receiver, or any trustee of the original wholesaler, manufacturer or distributor.
2. The provisions of sections 407.890 to 407.898 shall not apply to such manufacturer in the state of Missouri who employs less than fifty employees or to any distributor who distributes solely within the state of Missouri and who employs less than five employees for the two-year period prior to the dealer termination and shall apply to all contracts now in effect which have no expiration date and are continuing contracts and all other contracts entered into, amended, or renewed after August 31, 1989. Any contract in force and effect on September 1, 1989, which by its terms will terminate on a date subsequent thereto is governed by the law as it existed before September 1, 1989.
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(L. 1989 S.B. 41 §§ 5, 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.898 - Civil action for unlawful termination of contract, authorized — costs and attorney fees recoverable.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
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, wholesaler, or distributor in any court of competent jurisdiction for damages sustained by the retailer as a consequence of the violation, together with the actual costs of the action, including reasonable attorney fees, and the retailer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
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(L. 1989 S.B. 41 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.900 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 term
"artist"
means a person who creates fine art or, if such person is deceased, such person's heir, legatee, or personal representative;
(3) The term
"consignment"
means a transfer of the physical possession of fine art by the artist creating the fine art as consignor in which no title to, estate in, or right to possession of the fine art superior to that of the artist who is the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey the title, and all of the rights and interests of the artist who is the consignor in and to such fine art to a third person;
(4) The term
"creditors"
includes, but is not limited to, those persons included in the definition of "creditor" in section 400.1-201;
(5) The term
"fine arts"
includes:
(a) Visual art such as paintings, sculptures, drawings, mosaics, or photographs;
(b) Calligraphy;
(c) Graphic art such as etchings, lithographs, offset prints, silk screens, and other works of a similar nature;
(d) Crafts, including any item made by an artist or craftsman through the use of clay, textiles, fibers, wood, metal, plastic, glass, ceramics, or similar materials;
(e) Works in mixed media such as collages or any combination of the art forms or media listed in paragraph (a), (b), (c), or (d) of this subdivision.
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(L. 1984 S.B. 688 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.902 - Art delivered to art dealer for sale or exhibition deemed consignment, when, exception — written contract required, contents.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 of fine art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of fine art by the art dealer from the artist shall constitute a consignment unless the delivery to the art dealer is pursuant to an outright sale for which the artist has received or receives, either prior to or upon delivery, full compensation for the work of fine art.
2. Whenever a consignee accepts a work of fine art from an artist for the purpose of sale or exhibition and sale to the public on a commission, fee, or other basis of compensation, there shall be a written contract or agreement between the artist who is the consignor and consignee which shall include, but need not be limited to, provisions that:
(1) The proceeds of the sale of the work of fine art shall be delivered to the artist who is the consignor at a schedule agreed upon by the artist who is the consignor and consignee;
(2) The consignee shall be responsible for the stated value of the work of fine art in the event of the loss of or damage to such work of fine art while it is in the possession of such consignee;
(3) The work of fine art shall only be sold by the consignee for an amount at least equal to the amount agreed upon by the artist who is the consignor in writing;
(4) The work of fine art may be used or displayed by the consignee or others only with prior written consent of the artist who is the consignor.
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(L. 1984 S.B. 688 § 2)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.904 - Consignment, effect.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 within the state of Missouri;
(2) The work of fine art shall constitute property held in trust by the consignee for the benefit of the artist who is the consignor and shall not be subject to claim by a creditor of the consignee;
(3) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the artist who is the consignor, and such proceeds shall first be applied to pay any balance due to the artist who is the consignor, unless the artist who is the consignor expressly agrees otherwise in writing.
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(L. 1984 S.B. 688 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 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.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account until the price is paid in full to the artist who is consignor. If such work is thereafter resold to a bona fide purchaser before the artist who is consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the artist who is consignor to the extent necessary to pay any balance still due to the artist who is consignor and such trusteeship shall continue until the fiduciary obligation of the consignee to the artist who is the consignor with respect to such transaction is discharged in full.
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(L. 1984 S.B. 688 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.907 - Waiver of proceeds in trust by artist, requirements.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 valid with respect to the proceeds of a work of fine art initially received "on consignment" but subsequently purchased by the consignee directly or indirectly for his own account. No waiver shall inure to the benefit of the consignor's creditors in any manner which might be inconsistent with the rights under sections 407.900 to 407.910 of the artist who is the consignor.
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(L. 1984 S.B. 688 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.908 - Contracts, prior to August 13, 1984, not affected, exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 such contract is extended or renewed after August 13, 1984. The provisions of sections 407.900 to 407.910 shall prevail over any conflicting or inconsistent provisions of chapter 400 affecting the subject matter of sections 407.900 to 407.910.
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(L. 1984 S.B. 688 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.910 - Violations — punitive damage and costs authorized.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1984
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 artist involved punitive damages in an amount as may be determined by law and reasonable attorney's fees.
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(L. 1984 S.B. 688 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.911 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2005
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 specified amount per order or per sale;
(2)
"Principal"
, a person, firm, corporation, partnership or other business entity, whether or not it has a permanent or fixed place of business in this state, and who:
(a) Manufactures, produces, imports, provides, or distributes a product or service for sale;
(b) Contracts with a sales representative to solicit orders for the product or service; and
(c) Compensates the sales representative, in whole or in part, by commission;
(3)
"Sales representative"
, a person, firm, corporation, partnership, or other business entity who contracts with a principal to solicit orders and who is compensated, in whole or in part, by commission, but shall not include a person, firm, corporation, partnership, or other business entity who places orders or purchases for its own account for resale.
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(L. 1989 S.B. 192 § 1 subsec. 1, A.L. 2005 S.B. 211)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.912 - Commission to become due, when — termination of employment, all commissions due, when.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2005
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) If there is no written contract, or if the terms of the written contract do not provide when the commission becomes due, or the terms are ambiguous or unclear, the commission shall be paid when the product or service is delivered and accepted by the purchaser or the principal receives satisfaction in full;
(3) If neither subdivision (1) nor (2) of this subsection can be used to clearly ascertain when the commission becomes due, then the commission shall be due on the date the principal accepts the order and receives satisfaction in full, unless the custom and usage prevalent in this state for the parties' particular industry is different, in which event such custom and usage shall prevail.
2. Nothing in sections 407.911 to 407.915 shall be construed to impair a sales representative from collecting commissions on products or services ordered prior to the termination of the contract between the principal and the sales representative but delivered and accepted by the purchaser after such termination.
3. When the contract between a sales representative and a principal is terminated, all commissions then due shall be paid within thirty days of such termination. Any and all commissions which become due after the date of such termination shall be paid within thirty days of becoming due.
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(L. 1989 S.B. 192 § 1 subsecs. 2, 3, 4, A.L. 2005 S.B. 211)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.913 - Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 2005
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 liable to the sales representative in a civil action for the actual damages sustained by the sales representative and an additional amount as if the sales representative were still earning commissions calculated on an annualized pro rata basis from the date of termination to the date of payment. In addition the court may award reasonable attorney's fees and costs to the prevailing party.
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(L. 1989 S.B. 192 § 1 subsec. 5, A.L. 2005 S.B. 211)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 407 - Merchandising Practices › Section 407.914 - Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction.

Title XXVI TRADE AND COMMERCE
Chapter 407
• Effective - 28 Aug 1989
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 transacting business in this state for purposes of the exercise of jurisdiction of the courts of this state under section 506.500.
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(L. 1989 S.B. 192 § 1 subsec. 6)