reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-215. Manufacturer's warranty against latent defects

30-11-215. Manufacturer's warranty against latent defects.
A person who sells or agrees to sell an article of the person's own manufacture warrants the article to be free from any latent defect, not disclosed to the buyer, arising from the process of manufacture and also that the person or the person's agent in the manufacture has not knowingly used improper materials in the manufacture.
History: En. Sec. 2376, Civ. C. 1895; re-en. Sec. 5109, Rev. C. 1907; re-en. Sec. 7612, R.C.M. 1921; Cal. Civ. C. Sec. 1769; Field Civ. C. Sec. 883; re-en. Sec. 7612, R.C.M. 1935; R.C.M. 1947, 74-315; amd. Sec. 919, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-216. Warranty of fitness for particular purpose

30-11-216. Warranty of fitness for particular purpose.
One who manufactures an article under an order for a particular purpose warrants by the sale that it is reasonably fit for that purpose.
History: En. Sec. 2377, Civ. C. 1895; re-en. Sec. 5110, Rev. C. 1907; re-en. Sec. 7613, R.C.M. 1921; Cal. Civ. C. Sec. 1770; Field Civ. C. Sec. 884; re-en. Sec. 7613, R.C.M. 1935; R.C.M. 1947, 74-316.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-217. Warranty when thing cannot be examined by buyer

30-11-217. Warranty when thing cannot be examined by buyer.
One who sells or agrees to sell merchandise inaccessible to the examination of the buyer thereby warrants that it is sound and merchantable.
History: En. Sec. 2378, Civ. C. 1895; re-en. Sec. 5111, Rev. C. 1907; re-en. Sec. 7614, R.C.M. 1921; Cal. Civ. C. Sec. 1771; Field Civ. C. Sec. 885; re-en. Sec. 7614, R.C.M. 1935; R.C.M. 1947, 74-317.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-218. Warranty that trademark is genuine

30-11-218. Warranty that trademark is genuine.
One who sells or agrees to sell any article to which there is affixed or attached a trademark thereby warrants that trademark to be genuine and lawfully used.
History: En. Sec. 2379, Civ. C. 1895; re-en. Sec. 5112, Rev. C. 1907; re-en. Sec. 7615, R.C.M. 1921; Cal. Civ. C. Sec. 1772; Field Civ. C. Sec. 886; re-en. Sec. 7615, R.C.M. 1935; R.C.M. 1947, 74-318.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-219. Warranty of truth of other marks

30-11-219. Warranty of truth of other marks.
One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof or the place where it was in whole or in part produced, manufactured, or prepared thereby warrants the truth thereof.
History: En. Sec. 2380, Civ. C. 1895; re-en. Sec. 5113, Rev. C. 1907; re-en. Sec. 7616, R.C.M. 1921; Cal. Civ. C. Sec. 1773; Field Civ. C. Sec. 887; re-en. Sec. 7616, R.C.M. 1935; R.C.M. 1947, 74-319.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-220. Warranty on sale of written instrument

30-11-220. Warranty on sale of written instrument.
A person who sells or agrees to sell an instrument purporting to bind anyone to the performance of any act warrants that the person does not have knowledge of any facts that tend to prove the instrument worthless, such as the insolvency of any of the parties when that is material, the extinction of its obligations, or its invalidity for any cause.
History: En. Sec. 2381, Civ. C. 1895; re-en. Sec. 5114, Rev. C. 1907; re-en. Sec. 7617, R.C.M. 1921; Cal. Civ. C. Sec. 1774; Field Civ. C. Sec. 888; re-en. Sec. 7617, R.C.M. 1935; R.C.M. 1947, 74-320; amd. Sec. 920, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-221. Warranty on sale of goodwill

30-11-221. Warranty on sale of goodwill.
A person who sells the goodwill of a business warrants that the person will not endeavor to draw off any of the customers.
History: En. Sec. 2383, Civ. C. 1895; re-en. Sec. 5116, Rev. C. 1907; re-en. Sec. 7619, R.C.M. 1921; Cal. Civ. C. Sec. 1776; Field Civ. C. Sec. 890; re-en. Sec. 7619, R.C.M. 1935; R.C.M. 1947, 74-322; amd. Sec. 921, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-222. Warranty upon judicial sale

30-11-222. Warranty upon judicial sale.
Upon a judicial sale, the only warranty implied is that the seller does not know that the sale will not pass a good title to the property.
History: En. Sec. 2384, Civ. C. 1895; re-en. Sec. 5117, Rev. C. 1907; re-en. Sec. 7620, R.C.M. 1921; Cal. Civ. C. Sec. 1777; Field Civ. C. Sec. 891; re-en. Sec. 7620, R.C.M. 1935; R.C.M. 1947, 74-323.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-223. Effect of general warranty

30-11-223. Effect of general warranty.
A general warranty does not extend to defects inconsistent with the warranty of which the buyer was aware or that were easily discernible by the buyer without the exercise of peculiar skill, but the warranty extends to all other defects.
History: En. Sec. 2385, Civ. C. 1895; re-en. Sec. 5118, Rev. C. 1907; re-en. Sec. 7621, R.C.M. 1921; Cal. Civ. C. Sec. 1778; Field Civ. C. Sec. 892; re-en. Sec. 7621, R.C.M. 1935; R.C.M. 1947, 74-324; amd. Sec. 922, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-224. Uniform Commercial Code overrides

30-11-224. Uniform Commercial Code overrides.
This part shall not apply to sales subject to the Uniform Commercial Code.
History: En. 74-325 by Sec. 11-150, Ch. 264, L. 1963; R.C.M. 1947, 74-325.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 3. Merchant's Rights › 30-11-301. Definitions

30-11-301. Definitions.
(1) The term "merchandise" shall mean any personal property capable of manual delivery displayed, held, or offered for sale by a merchant.
(2) The term "merchant" as used in this part shall mean an owner or operator and the agent, consignee, employee, lessee, or officer of an owner or operator of any merchant's premises.
(3) The term "premises" shall mean any establishment or part thereof wherein merchandise is displayed, held, or offered for sale.
History: En. Sec. 1, Ch. 11, L. 1957; R.C.M. 1947, 64-212.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 3. Merchant's Rights › 30-11-302. Obligation to keep merchandise in full view

30-11-302. Obligation to keep merchandise in full view.
Any merchant has the right to request any individual on the merchant's premises to place or keep in full view any merchandise that the individual may have removed, or that the merchant has reason to believe the individual may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other purpose. A merchant may not be criminally or civilly liable for slander, false arrest, or otherwise on account of having made such a request.
History: En. Sec. 2, Ch. 11, L. 1957; R.C.M. 1947, 64-213; amd. Sec. 923, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 4. Commission Merchants › 30-11-401. Commission merchants to acknowledge receipt of property

30-11-401. Commission merchants to acknowledge receipt of property.
Any persons doing business in this state as commission merchants or who shall receive from any person of this state agricultural or horticultural products or farm produce raised in this state to sell on commission shall immediately, upon receipt of such goods, send to the consignor or consignors a statement in writing showing what property has been received.
History: En. Sec. 1, Ch. 2, L. 1909; re-en. Sec. 4183, R.C.M. 1921; re-en. Sec. 4183, R.C.M. 1935; R.C.M. 1947, 66-701.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 4. Commission Merchants › 30-11-402. Statement to consignor on sale of property

30-11-402. Statement to consignor on sale of property.
Whenever any commission merchant or person receiving any property as mentioned in the preceding section shall sell the same or 25% thereof, such commission merchant or person shall immediately render a true statement to the consignor, showing what portion of such consignment has been sold, to whom sold, and the price received therefor.
History: En. Sec. 2, Ch. 2, L. 1909; re-en. Sec. 4184, R.C.M. 1921; re-en. Sec. 4184, R.C.M. 1935; R.C.M. 1947, 66-702.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 4. Commission Merchants › 30-11-403. Penalties for violation

30-11-403. Penalties for violation.
Any person engaged in selling any property as herein specified, who fails or neglects to comply with any of the provisions of 30-11-401 and 30-11-402 or who shall make a false report or statement of the matters herein required, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment in the county jail not exceeding 6 months or by both such fine and imprisonment.
History: En. Sec. 3, Ch. 2, L. 1909; re-en. Sec. 4185, R.C.M. 1921; re-en. Sec. 4185, R.C.M. 1935; R.C.M. 1947, 66-703.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-501. Sale by auction defined

30-11-501. Sale by auction defined.
A sale by auction is a sale by public outcry to the highest bidder on the spot.
History: En. Sec. 2410, Civ. C. 1895; re-en. Sec. 5122, Rev. C. 1907; re-en. Sec. 7625, R.C.M. 1921; Cal. Civ. C. Sec. 1792; Field Civ. C. Sec. 896; re-en. Sec. 7625, R.C.M. 1935; Sec. 66-213, R.C.M. 1947; redes. 74-701 by Sec. 1, Ch. 263, L. 1977; R.C.M. 1947, 74-701.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-502. Sale by auction

30-11-502. Sale by auction.
(1) In a sale by auction of goods by lot, each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. When a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(3) An auction sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve, the auctioneer may withdraw the goods at any time until the auctioneer announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless a bid is not made within a reasonable time. In either case a bidder may retract a bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.
(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures a bid and notice has not been given that liberty for the bidding is reserved, the buyer may avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection does not apply to any bid at a forced sale.
History: En. Sec. 2-328, Ch. 264, L. 1963; Sec. 87A-2-328, R.C.M. 1947; amd. and redes. 74-702 by Sec. 2, Ch. 263, L. 1977; R.C.M. 1947, 74-702; amd. Sec. 924, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-503. Sale under written conditions

30-11-503. Sale under written conditions.
When a sale by auction is made upon written or printed conditions, those conditions cannot be modified by any oral declaration of the auctioneer except those for the auctioneer's own protection.
History: En. Sec. 2413, Civ. C. 1895; re-en. Sec. 5125, Rev. C. 1907; re-en. Sec. 7628, R.C.M. 1921; Cal. Civ. C. Sec. 1795; Field Civ. C. Sec. 899; re-en. Sec. 7628, R.C.M. 1935; Sec. 66-216, R.C.M. 1947; amd. and redes. 74-703 by Sec. 3, Ch. 263, L. 1977; R.C.M. 1947, 74-703; amd. Sec. 925, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-504. Auctioneer's memorandum of sale

30-11-504. Auctioneer's memorandum of sale.
When property is sold by auction, an entry made by the auctioneer in the sale book at the time of the sale specifying the name of the person for whom the auctioneer sells, the thing sold, the price, the terms of sale, and the name of the buyer binds both the parties in the same manner as if made by the parties.
History: En. Sec. 2416, Civ. C. 1895; re-en. Sec. 5128, Rev. C. 1907; re-en. Sec. 7631, R.C.M. 1921; Cal. Civ. C. Sec. 1798; Field Civ. C. Sec. 902; re-en. Sec 7631, R.C.M. 1935; Sec. 66-219, R.C.M. 1947; amd. and redes. 74-704 by Sec. 4, Ch. 263, L. 1977; R.C.M. 1947, 74-704; amd. Sec. 926, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-505. Book of sales

30-11-505. Book of sales.
(1) Each auctioneer must keep a book and enter all sales showing the name of the owner of the goods sold, to whom sold, the amount paid, and the date of each sale.
(2) The book must be open for inspection by interested persons during normal business hours.
History: En. Sec. 3424, Pol. C. 1895; re-en. Sec. 2132, Rev. C. 1907; re-en. Sec. 4155, R.C.M. 1921; Cal. Pol. C. Sec. 3306; re-en. Sec. 4155, R.C.M. 1935; Sec. 66-211, R.C.M. 1947; amd. and redes. 74-705 by Sec. 5, Ch. 263, L. 1977; R.C.M. 1947, 74-705.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-506. Auctioneer's authority from the seller

30-11-506. Auctioneer's authority from the seller.
An auctioneer, in the absence of special authority or usage, has authority from the seller only as follows:
(1) to sell by public auction to the highest bidder;
(2) to sell for cash only, except for articles usually sold on credit at auction;
(3) to warrant as an agent pursuant to 28-10-421;
(4) to prescribe reasonable rules and terms of sale;
(5) to deliver the thing sold upon payment of the price;
(6) to collect the price; and
(7) to do whatever else is necessary, proper, and usual in the ordinary course of business for effecting these purposes.
History: En. Sec. 3160, Civ. C. 1895; re-en. Sec. 5461, Rev. C. 1907; re-en. Sec. 7976, R.C.M. 1921; Cal. Civ. C. Sec. 2362; Field Civ. C. Sec. 1264; re-en. Sec. 7976, R.C.M. 1935; Sec. 66-201, R.C.M. 1947; amd. and redes. 74-706 by Sec. 6, Ch. 263, L. 1977; R.C.M. 1947, 74-706.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-507. Auctioneer's authority from the bidder

30-11-507. Auctioneer's authority from the bidder.
An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of sale as prescribed in 30-11-504.
History: En. Sec. 3161, Civ. C. 1895; re-en. Sec. 5462, Rev. C. 1907; re-en. Sec. 7977, R.C.M. 1921; Cal. Civ. C. Sec. 2363; Field Civ. C. Sec. 1265; re-en. Sec. 7977, R.C.M. 1935; amd. Sec. 11-145, Ch. 264, L. 1963; Sec. 66-202, R.C.M. 1947; amd. and redes. 74-707 by Sec. 7, Ch. 263, L. 1977; R.C.M. 1947, 74-707.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-508. Auctioneer -- authority and bond

30-11-508. Auctioneer -- authority and bond.
A citizen of this state may become an auctioneer and be authorized to sell real or personal property at public auction in any county in this state after giving a bond in accordance with the provisions of this part for the faithful performance of the citizen's duties.
History: En. Sec. 3400, Pol. C. 1895; re-en. Sec. 2119, Rev. C. 1907; amd. Sec. 1, Ch. 15, L. 1921; re-en. Sec. 4147, R.C.M. 1921; Cal. Pol. C. Sec. 3284; re-en. Sec. 4147, R.C.M. 1935; Sec. 66-203, R.C.M. 1947; amd. and redes. 74-708 by Sec. 8, Ch. 263, L. 1977; R.C.M. 1947, 74-708; amd. Sec. 927, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-509. Reciprocal privileges to nonresident auctioneers

30-11-509. Reciprocal privileges to nonresident auctioneers.
The residency requirements required by this state for an auctioneer are waived for the citizens of any other state to the same extent that the home state of the applicant waives residency requirements for the citizens of this state.
History: En. Sec. 1, Ch. 173, L. 1963; Sec. 66-203.1, R.C.M. 1947; amd. and redes. 74-709 by Sec. 9, Ch. 263, L. 1977; R.C.M. 1947, 74-709.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-510. Bond and sureties -- approval -- filing

30-11-510. Bond and sureties -- approval -- filing.
(1) Bond must be payable to the state, with one or more sureties, in the sum of $5,000 and approved by the county clerk of the county in which the auctioneer resides and filed in the clerk's office.
(2) If the auctioneer is not a resident, the bond must be filed with the county clerk of the county of this state in which the auctioneer carries on the auctioneer's principal auction business.
History: En. Sec. 3401, Pol. C. 1895; re-en. Sec. 2120, Rev. C. 1907; re-en. Sec. 4148, R.C.M. 1921; Cal. Pol. C. Sec. 3285; re-en. Sec. 4148, R.C.M. 1935; amd. Sec. 2, Ch. 173, L. 1963; Sec. 66-204, R.C.M. 1947; amd. and redes. 74-710 by Sec. 10, Ch. 263, L. 1977; R.C.M. 1947, 74-710; amd. Sec. 928, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-511. Auctioneers ex officio

30-11-511. Auctioneers ex officio.
(1) In any county without an auctioneer, the sheriff or a constable is ex officio auctioneer and is permitted to sell any property at public auction.
(2) The sheriff or constable is liable on the sheriff's or constable's official bond for any delinquency as the ex officio auctioneer.
History: En. Sec. 3407, Pol. C. 1895; re-en. Sec. 2126, Rev. C. 1907; re-en. Sec. 4149, R.C.M. 1921; Cal. Pol. C. Sec. 3291; re-en. Sec. 4149, R.C.M. 1935; amd. Sec. 7, Ch. 253, L. 1975; Sec. 66-205, R.C.M. 1947; amd. and redes. 74-711 by Sec. 11, Ch. 263, L. 1977; R.C.M. 1947, 74-711; amd. Sec. 929, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-512. Assistant -- who may act and when

30-11-512. Assistant -- who may act and when.
(1) An auctioneer, in the event of inability to attend an auction by reason of sickness, the performance of a duty imposed by law, or during a temporary absence from the city or county within which the individual is auctioneer, may employ an agent or employee to hold the auction in the auctioneer's name and behalf.
(2) The employee shall file with the county clerk of the county an affidavit swearing to faithfully perform the duties of auctioneer.
(3) An auctioneer may employ a crier at any sale, for whose acts the auctioneer is responsible.
History: En. Sec. 3408, Pol. C. 1895; re-en. Sec. 2127, Rev. C. 1907; re-en. Sec. 4150, R.C.M. 1921; Cal. Pol. C. Sec. 3292; re-en. Sec. 4150, R.C.M. 1935; Sec. 66-206, R.C.M. 1947; amd. and redes. 74-712 by Sec. 12, Ch. 263, L. 1977; R.C.M. 1947, 74-712; amd. Sec. 930, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-513. Auctioneers to designate one place of business -- partners

30-11-513. Auctioneers to designate one place of business -- partners.
(1) An auctioneer shall designate in writing with the county clerk one place at which the auctioneer will conduct auctions within any city.
(2) The auctioneer shall designate in the same document any partners in the business.
(3) The auctioneer may not offer goods for sale at a place other than that designated unless the goods are in their original packages, are bulky and usually sold in warehouses, or are usually sold on public streets.
History: En. Sec. 3420, Pol. C. 1895; re-en. Sec. 2128, Rev. C. 1907; re-en. Sec. 4151, R.C.M. 1921; Cal. Pol. C. Sec. 3302; re-en. Sec. 4151, R.C.M. 1935; Sec. 66-207, R.C.M. 1947; amd. and redes. 74-713 by Sec. 13, Ch. 263, L. 1977; R.C.M. 1947, 74-713; amd. Sec. 931, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-514. Penalty

30-11-514. Penalty.
A person convicted of violating a provision of this part shall be fined no more than $500 or imprisoned in the county jail for a term not to exceed 6 months, or both. In addition the person shall be liable for damages incurred by any aggrieved party by reason of the violation.
History: En. 74-714 by Sec. 14, Ch. 263, L. 1977; R.C.M. 1947, 74-714; amd. Sec. 932, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-515. Enforcement

30-11-515. Enforcement.
The provisions of this part must be enforced by the county attorney of the county in which the violation occurred.
History: En. 74-715 by Sec. 15, Ch. 263, L. 1977; R.C.M. 1947, 74-715; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 62, Ch. 483, L. 2001; amd. Sec. 11, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 5. Auction Sales and Auctioneers › 30-11-516. Powers of cities and towns

30-11-516. Powers of cities and towns.
Towns and cities may tax, license, and regulate persons, firms, associations, corporations, or other legal entities engaging in or desiring to engage in public auctions and may require a license and charge a fee therefor. Towns and cities may provide penalties for violations of the requirements.
History: En. Sec. 11, Ch. 111, L. 1955; amd. Sec. 1, Ch. 225, L. 1959; Sec. 66-230, R.C.M. 1947; amd. and redes. 74-716 by Sec. 16, Ch. 263, L. 1977; R.C.M. 1947, 74-716.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-601. Factor defined

30-11-601. Factor defined.
A factor is an agent who, in the pursuit of an independent calling, is employed by another person to sell property for that person and is vested by the person with the possession or control of the property or authorized to receive payment for the property from the purchaser.
History: En. Sec. 2750, Civ. C. 1895; re-en. Sec. 5290, Rev. C. 1907; re-en Sec. 7805, R.C.M. 1921; Cal. Civ. C. Sec. 2026; Based on Field Civ. C. Sec. 1045; re-en. 7805, R.C.M. 1935; R.C.M. 1947, 2-401; amd. Sec. 933, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-602. Obedience required from factor

30-11-602. Obedience required from factor.
A factor shall obey the instructions of the factor's principal to the same extent as any other employee, notwithstanding any advances the factor may have made to the principal upon the property consigned to the factor, except that if the principal forbids the factor to sell at the market price, the factor may, nevertheless, sell for the factor's reimbursement, after giving to the principal reasonable notice of the factor's intention to do so and of the time and place of sale, and proceeding in all respects as a pledgee.
History: En. Sec. 2751, Civ. C. 1895; re-en. Sec. 5291, Rev. C. 1907; re-en Sec. 7806, R.C.M. 1921; Cal. Civ. C. Sec. 2027; Based on Field Civ. C. Sec. 1046; re-en. 7806, R.C.M. 1935; R.C.M. 1947, 2-402; amd. Sec. 934, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-603. Sales on credit

30-11-603. Sales on credit.
A factor may sell property consigned to the factor on credit that is usual but, having once agreed with the purchaser upon the terms of credit, may not extend the terms.
History: En. Sec. 2752, Civ. C. 1895; re-en. Sec. 5292, Rev. C. 1907; re-en Sec. 7807, R.C.M. 1921; Cal. Civ. C. Sec. 2028; Based on Field Civ. C. Sec. 1047; re-en. 7807, R.C.M. 1935; R.C.M. 1947, 2-403; amd. Sec. 935, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-604. Liability of factor under guaranty commission

30-11-604. Liability of factor under guaranty commission.
A factor who charges the principal with a guaranty commission upon a sale assumes absolutely to pay the price when it falls due as if it were a debt of the factor's own and not as a mere guarantor for the purchaser. The factor does not assume any additional responsibility for the safety of the remittance of the proceeds.
History: En. Sec. 2753, Civ. C. 1895; re-en. Sec. 5293, Rev. C. 1907; re-en Sec. 7808, R.C.M. 1921; Cal. Civ. C. Sec. 2029; Based on Field Civ. C. Sec. 1048; re-en. 7808, R.C.M. 1935; R.C.M. 1947, 2-404; amd. Sec. 936, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-605. Principal's consent needed to relieve factor from liability

30-11-605. Principal's consent needed to relieve factor from liability.
A factor who receives property for sale under a general agreement or usage to guarantee the sales or the remittance of the proceeds cannot be relieved from responsibility for the sale or remittance without the consent of the factor's principal.
History: En. Sec. 2754, Civ. C. 1895; re-en. Sec. 5294, Rev. C. 1907; re-en Sec. 7809, R.C.M. 1921; Cal. Civ. C. Sec. 2030; Based on Field Civ. C. Sec. 1049; re-en. 7809, R.C.M. 1935; R.C.M. 1947, 2-405; amd. Sec. 937, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-606. Authority of factor

30-11-606. Authority of factor.
In addition to the authority of agents in general, a factor has actual authority for the principal, unless specially restricted, to:
(1) insure property consigned to the factor uninsured;
(2) sell on credit anything entrusted to the factor for sale, except things that it is contrary to usage to sell on credit, but not to pledge, mortgage, or barter the things; and
(3) delegate the factor's authority to the factor's partner or servant but not to any person in an independent employment.
History: En. Sec. 3171, Civ. C. 1895; re-en. Sec. 5464, Rev. C. 1907; re-en Sec. 7979, R.C.M. 1921; Cal. Civ. C. Sec. 2368; Field Civ. C. Sec. 1267; re-en. 7979, R.C.M. 1935; R.C.M. 1947, 2-406; amd. Sec. 938, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 6. Factors › 30-11-607. Ostensible authority

30-11-607. Ostensible authority.
A factor has ostensible authority to deal with the property of the principal as the factor's own in transactions with persons not having notice of the actual ownership.
History: En. Sec. 3172, Civ. C. 1895; re-en. Sec. 5465, Rev. C. 1907; re-en Sec. 7980, R.C.M. 1921; Cal. Civ. C. Sec. 2369; Field Civ. C. Sec. 1268; re-en. 7980, R.C.M. 1935; R.C.M. 1947, 2-407; amd. Sec. 939, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-703. Excepted inventory

30-11-703. Excepted inventory.
The following inventory is not subject to the repurchase requirements of 30-11-702:
(1) any repair part that has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or wet-charge batteries;
(2) any repair part that is in a broken or damaged package;
(3) any single repair part that is priced as a set of two or more items;
(4) any repair part that because of its condition is not resalable as a new part without repackaging or reconditioning;
(5) 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;
(6) any inventory the retailer desires to keep, if the retailer has a contractual right to do so;
(7) any inventory item other than a repair part that is not in essentially new, undamaged, and complete condition;
(8) any repair part that is not in new, unused, or undamaged condition;
(9) any inventory item, other than a repair part, that has been stocked for 36 months or more prior to notice of termination of the contract;
(10) any inventory that was ordered by the retailer after the date of notification of termination of the contract; and
(11) any inventory that was acquired from any source other than the wholesaler, manufacturer, or distributor. However, inventory acquired by trade between or among dealers of the same wholesaler, manufacturer, or distributor in the ordinary course of business is subject to the repurchase requirements of 30-11-702.
History: En. Sec. 3, Ch. 338, L. 1983; amd. Sec. 940, Ch. 56, L. 2009; amd. Sec. 7, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-704. Repurchase of inventory of deceased retailer or wholesaler

30-11-704. Repurchase of inventory of deceased retailer or wholesaler.
If the retailer, wholesaler, or majority stockholder in a corporation operating as a retailer or wholesaler entitled to payment under this part dies, the wholesaler, manufacturer, or distributor shall, unless the heirs or devisees of the deceased agree to continue to operate the dealership, repurchase the inventory from the heirs or devisees in the manner prescribed in 30-11-702.
History: En. Sec. 4, Ch. 338, L. 1983; amd. Sec. 3, Ch. 297, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-705. Reimbursement for or repurchase of signs, special equipment, and special tools

30-11-705. Reimbursement for or repurchase of signs, special equipment, and special tools.
Upon the cancellation of a dealership contract, a wholesaler, manufacturer, or distributor shall, at the retailer's request, pay the retailer, or credit to the retailer's account if the retailer has outstanding any sums owing the wholesaler, manufacturer, or distributor, an amount equal to:
(1) the original cost, adjusted for the remaining useful life, of each sign owned by the retailer that bears a common name, trade name, or trademark of the wholesaler, manufacturer, or distributor, acquired from any source, because the sign was recommended or required by the wholesaler, manufacturer, or distributor;
(2) (a) the original cost, adjusted for the remaining useful life, of all special equipment and special tools purchased or leased by the retailer that were acquired from the wholesaler, manufacturer, or distributor or sources approved by the wholesaler, manufacturer, or distributor and that were recommended or required by the wholesaler, manufacturer, or distributor; or
(b) if a sign, item of special equipment, or special tool has a service agreement or if the sign, item of special equipment, or special tool is leased by the retailer, the amounts required to be paid upon termination of the service agreement or the lease under the terms of the service or lease agreement; and
(3) the cost of removing, repairing damage caused by removal, transporting, handling, packing, and loading the signs, special equipment, and special tools.
History: En. Sec. 1, Ch. 177, L. 2001; amd. Sec. 8, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-711. Rights not affected

30-11-711. Rights not affected.
(1) This part does not affect any contractual right of a wholesaler, manufacturer, or distributor to charge back to the retailer's or wholesaler's account any amount previously credited or paid as a discount incident to the retailer's or wholesaler's purchase of the goods.
(2) This part does not affect any security interest that any financial institution, person, wholesaler, manufacturer, or distributor may have in the inventory of the retailer or wholesaler.
History: En. Sec. 5, Ch. 338, L. 1983; amd. Sec. 4, Ch. 297, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-712. Civil liability

30-11-712. Civil liability.
If any wholesaler, manufacturer, or distributor fails or refuses to repurchase or reimburse a wholesaler for any inventory or a retailer for any inventory, signs, special equipment, or special tools as required by 30-11-702, the wholesaler, manufacturer, or distributor is liable in a civil action for:
(1) all sums required under this part;
(2) storage charges at the market rate for warehouse storage in the retailer's community plus any floor plan, interest, or similar inventory financing charges incurred by the retailer or wholesaler, commencing on the 31st day after the repurchase request;
(3) interest on all sums due from the date of the wholesaler's or retailer's request as provided in this section, at a rate calculated pursuant to 25-9-205 until paid; and
(4) the retailer's or wholesaler's attorney fees, court costs, and litigation expenses.
History: En. Sec. 6, Ch. 338, L. 1983; amd. Sec. 5, Ch. 297, L. 1985; amd. Sec. 9, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-713. Remedy as supplemental

30-11-713. Remedy as supplemental.
(1) The provisions of this part are supplemental to any agreement between:
(a) the retailer and wholesaler, manufacturer, or distributor governing the inventory, signs, special equipment, or special tools; or
(b) the wholesaler and manufacturer or distributor governing the inventory.
(2) The retailer or wholesaler may elect to pursue either contract remedies or the remedy provided in this part. An election to pursue contract remedies does not bar the retailer's or wholesaler's right to the remedy provided in this part with regard to any inventory, parts, signs, special equipment, or special tools that are not included in contract remedies, provided that the retailer or wholesaler is not entitled to recover more than one time on any claim of loss or damage.
History: En. Sec. 7, Ch. 338, L. 1983; amd. Sec. 6, Ch. 297, L. 1985; amd. Sec. 941, Ch. 56, L. 2009; amd. Sec. 10, Ch. 283, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 7. Canceled Dealership Contracts,Repurchase Requirements, and Dealer Data › 30-11-720. Dealer data vendors -- authorized integrators -- requirements

30-11-720. Dealer data vendors -- authorized integrators -- requirements.
(1) A dealer data vendor shall:
(a) adopt and make available a standardized framework for the exchange, integration, and sharing of data from dealer data systems with authorized integrators and the retrieval of data by authorized integrators using the STAR standards or a standard that is compatible with the STAR standards; and
(b) provide access to open application programming interfaces to authorized integrators. If the application programming interfaces are not the reasonable commercial or technical standard for secure data integration, the dealer data vendor may provide a similar open access integration method if that method provides the same or better access to authorized integrators as an application programming interface and uses the required standardized framework.
(2) A dealer data vendor and authorized integrator:
(a) may access, use, store, or share protected dealer data or any other data from a dealer data system only to the extent allowed in the written agreement with the dealer;
(b) shall make any agreement relating to access to, sharing or selling of, copying, using, or transmitting protected dealer data terminable on 90-day notice from the dealer;
(c) on notice of the dealer's intent to terminate the agreement, in order to prevent any risk of consumer harm or inconvenience, shall work to ensure a secure transition of all protected dealer data to a successor dealer data vendor or authorized integrator, including:
(i) providing access to or an electronic copy of all protected dealer data and all other data stored in the dealer data system in a commercially reasonable time and format that a successor dealer data vendor or authorized integrator can access and use; and
(ii) deleting or returning to the dealer all protected dealer data before the contract terminates pursuant to the dealer's written directions;
(d) on a dealer's request, shall provide the dealer with a listing of all entities with whom it is sharing protected dealer data or whom it has allowed access to protected dealer data; and
(e) shall allow a dealer to audit the dealer data vendor or authorized integrator's access to and use of any protected dealer data.
History: En. Sec. 4, Ch. 362, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-801. Definitions

30-11-801. Definitions.
As used in this part, the following definitions apply:
(1) "Community of interest" means a continuing financial interest that the grantor and grantee have in common.
(2) "Dealer" means a person who is a grantee of a farm implements dealership situated in this state.
(3) "Dealership" means a contract or agreement, expressed or implied, whether oral or written, including a franchise as defined in 61-4-201, by which a person is granted the right to sell or distribute farm implements, in which there is a community of interest in the business of offering, selling, or distributing farm implements.
(4) "Department" means the department of labor and industry established in 2-15-1701.
(5) "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a dealer.
(6) "Designated successor" means a person designated in writing by the retiring dealer to succeed the retiring dealer in the dealership or, in the case of an incapacitated dealer, a person appointed by a court as the legal representative of the dealer's property or the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.
(7) "Farm implement" means any vehicle, machine, or attachment designed or adapted and used exclusively for agricultural operations and only incidentally operated or used on the highways.
(8) (a) "Good cause", when used in 30-11-801 through 30-11-803 and 30-11-811, means:
(i) failure by a dealer to comply substantially with essential and reasonable requirements imposed upon the dealer by the grantor or sought to be imposed by the grantor, which requirements are not discriminatory as compared with requirements imposed on other similarly situated dealers either by the terms of the requirements or in the manner of their enforcement; or
(ii) bad faith by the dealer in carrying out the terms of the dealership.
(b) Good cause, when used in 30-11-804 through 30-11-809, means a showing that succession to a dealership would be detrimental to the public interest or to the representation of the grantor.
(9) "Grantor" means a person who grants a dealership.
(10) "Person" means any individual, partnership, association, corporation, or other entity.
History: En. Sec. 1, Ch. 45, L. 1985; amd. Sec. 1, Ch. 522, L. 1991; amd. Sec. 63, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-802. Cancellation and alteration of dealerships

30-11-802. Cancellation and alteration of dealerships.
No grantor may, directly or indirectly, terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement without good cause. The burden of proving good cause is on the grantor.
History: En. Sec. 2, Ch. 45, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-803. Notice of termination or change in dealership

30-11-803. Notice of termination or change in dealership.
(1) Except as provided in subsections (2) and (3), a grantor shall provide a dealer at least 90 days' prior written notice by certified mail of termination, cancellation, nonrenewal, or substantial change in competitive circumstances. The notice must state all the reasons for termination, cancellation, nonrenewal, or substantial change in competitive circumstances and must provide that the dealer has 60 days from receipt of the notice in which to rectify any claimed deficiency. If the deficiency is rectified within 60 days, the notice is void.
(2) If the reason for termination, cancellation, nonrenewal, or substantial change in competitive circumstances is nonpayment of sums due under the dealership, the dealer is entitled to 10 days' prior written notice by certified mail. If the dealer does not remedy such default within 10 days after receipt of the notice, the notice is effective according to its terms.
(3) The notice provisions of this section do not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
History: En. Sec. 3, Ch. 45, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-804. Transfer

30-11-804. Transfer.
A grantor may not unreasonably withhold consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership to a designated member or members of the family of the dealer, to the principal owner of the dealership, or to a person whom the dealer wishes to designate as a designated successor. The grantor may require that the designated successor or designated family member meet the reasonable requirements of the grantor. The requirements must be specified and made available to any dealer upon request but may not extend beyond business, financial, character, and experience qualifications. If a grantor determines that a proposed transferee does not meet the requirements, the grantor shall give the dealer written notice stating the specific reasons for withholding consent.
History: En. Sec. 2, Ch. 522, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-805. Refusal to honor succession to ownership -- notice required

30-11-805. Refusal to honor succession to ownership -- notice required.
(1) If a grantor believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member or by a designated successor under the existing franchise agreement, the grantor may, within 30 days of receipt of notice of the designated family member's or designated successor's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member or designated successor and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 60 days from the date the notice is served.
(2) The notice must state the specific grounds for the refusal to honor the succession and the intent to discontinue the existing franchise agreement with the dealership no sooner than 60 days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timely served upon the designated family member or designated successor and the department or if the department rules in favor of the complainant in a hearing held pursuant to 30-11-806, the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.
History: En. Sec. 3, Ch. 522, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-806. Procedure to determine right to succeed

30-11-806. Procedure to determine right to succeed.
(1) A designated family member or designated successor who receives notice of the grantor's refusal to honor the family member's or successor's succession to the ownership and operation of the dealership may, within the 60-day period provided for in 30-11-805, file with the department a verified complaint for a hearing and determination by the department on whether good cause exists for refusal and discontinuance.
(2) The grantor shall establish good cause for refusal to honor the succession to ownership.
(3) The franchise agreement must continue in effect until the final determination of the issues raised in the complaint.
(4) If the grantor prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the complainant an opportunity to receive fair and reasonable compensation for the value of the dealership.
(5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.
History: En. Sec. 4, Ch. 522, L. 1991; amd. Sec. 942, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-807. Written designation of succession unaffected

30-11-807. Written designation of succession unaffected.
Sections 30-11-804 through 30-11-809 do not preclude a dealer from designating any person as the dealer's successor by written instrument filed with the grantor.
History: En. Sec. 5, Ch. 522, L. 1991; amd. Sec. 943, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-808. Illegal cancellation of dealership based on natural disaster

30-11-808. Illegal cancellation of dealership based on natural disaster.
A grantor may not attempt or threaten to terminate, cancel, fail to renew, or substantially change the circumstances of a dealership if the attempt or threat is based on the results of a natural disaster, including a sustained drought, in the dealership market area.
History: En. Sec. 6, Ch. 522, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 8. Termination, Cancellation, Nonrenewal, or Substantial Alteration of Farm Implements Dealership Agreements › 30-11-809. Civil damages

30-11-809. Civil damages.
A dealer suffering pecuniary loss due to a violation of 30-11-804 through 30-11-809 or 30-11-814 who prevails in a civil action for the loss is entitled to damages equal to the pecuniary loss, together with court costs and reasonable attorney fees.
History: En. Sec. 7, Ch. 522, L. 1991; amd. Sec. 3, Ch. 181, L. 2017.