Actions, unlawful subleasing, who may bring
If someone gets hurt financially because of illegal motor vehicle subleasing, certain people connected to the vehicle deal can take the person who did it to court. This includes the original seller, lender, lessor, buyer, or anyone else who had a legal right or interest in the vehicle. A court can order the wrongdoer to pay back actual losses, extra punishment money, lawyer fees, and can also order them to stop what they are doing and return money or property.
407.738. s, , who may bring — definitions. — 1. Any one or more of the following persons who any damage proximately resulting from one or more acts of , as described in section 407.742 may bring an action in the in the county in which the resides, has his , or where an act of unlawful motor vehicle subleasing occurred against the person who has engaged in those acts:
(1) A or other under a or a ;
(2) A lender under a ;
(3) A under a ;
(4) A buyer under a conditional sale contract;
(5) A purchaser under a direct loan agreement, an agreement which provides for a , or an agreement which is equivalent to these types of agreements;
(6) A under a lease contract;
(7) An actual or purported or of any right or interest of a buyer, a purchaser, or a lessee.
2. The circuit court in an action under 1 of this section may , , ; ; reasonable and costs to the ; , including, but not limited to, an and of money and property; and any other equitable relief which the court deems proper.
3. As used in sections 407.738 to 407.745, the following terms have the following meanings:
(1) "Buyer" has the meaning set forth in (9) of section 365.010;
(2) "Conditional sale contract" means:
(a) Any contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer but the s in the buyer thereafter only upon the payment of all or part of the price, or upon the performance of any other condition; or
(b) Any contract for the or leasing of a motor vehicle between a buyer and a seller, with or without accessories, by which the or lessee agrees to pay as for use a sum substantially equivalent to or in excess of the value of the vehicle and its accessories, if any, at the time the contract is , and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the vehicle upon full with the terms of the contract; or
(c) Any contract for the sale of a motor vehicle between a buyer and a seller, with or without accessories, under which possession is delivered to the buyer, and a on the property is to vest in the seller as for the payment of part or all of the price, or for the performance of any other condition;
(d) Conditional sale contract includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes;
(3) "Direct loan agreement" means an agreement between a lender and a purchaser whereby the lender has advanced funds a loan secured by the motor vehicle which the purchaser has purchased;
(4) "Lease contract" means a lease contract between a lessor or and a lessee or bailee including a for business or commercial purposes;
(5) "Motor vehicle" means any vehicle required to be pursuant to chapter 301;
(6) "Person" has the meaning set forth in subdivision (5) of section 407.010;
(7) "Purchaser", has the meaning set forth in subdivision (30)* of section 400.1-201;
(8) "Security agreement" and "secured party" have the meanings set forth, respectively, in paragraphs (h) and (i) of subdivision (1) of section 400.9-105. "Security interest" has the meaning set forth in subdivision (35)* of section 400.1-201;
(9) "Seller" has the meaning set forth in subdivision (12) of section 365.020 and includes the present of the conditional sale contract.
4. The rights and provided in sections 407.738 to 407.745 are in addition to any other rights and remedies provided by law.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1989 H.B. 893 § 4) *In 2017 statutory reference to subdivision "(33)" changed to "(30)" and statutory reference to subdivision "(37)" changed to "(35)" in accordance with section 3.060.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.