Compliance with act required
This law says that anyone who sells cars through a franchise deal in Missouri has to follow the state's Motor Vehicle Franchise Practices (MVFP) rules. These rules apply to all franchise agreements and all related companies connected to a car dealer or manufacturer. In most cases, a car manufacturer or related company cannot sell cars directly to regular customers in Missouri — only licensed dealers can do that. There is one exception: if a manufacturer already owned a dealership and applied for a dealer license on or before August 28, 2023, and that license was approved, they are allowed to keep selling cars from that dealership as long as ownership does not change hands.
407.812. with act required — applicability of act — engaging in business of selling motor vehicles, entities prohibited from, . — 1. Any obtaining or renewing its after August 28, 2010, shall be bound by the of the and shall comply with it, and no made, entered, , or renewed after August 28, 2010, shall avoid the requirements of the MVFP act, or violate its provisions, and no franchise agreement shall be performed after the date the franchisor's license is issued or renewed in such a manner that the franchisor avoids or otherwise does not or comply with the requirements of the MVFP act. the of any franchise agreement, all franchisor licenses and renewals thereof are issued subject to all provisions of the MVFP act and chapter 301 and any regulations in effect upon the date of , as well as all future provisions of the MVFP act and chapter 301 and any regulations which may become effective during the term of the license.
2. The provisions of the MVFP act shall apply to each that a franchisor, , , or has with a and all agreements between a franchisee and a or any person that is controlled by a franchisor.
3. No or manufacturer licensed in this state under sections 301.550 to 301.573 shall allow any or related to engage in the business of selling motor vehicles, as defined in section 301.010, to in this state, except as otherwise permitted by law. Any dealer or manufacturer licensed in this state shall have to the provisions of this provided that a franchise relationship exists between the parties.
4. No entity controlling, controlled by, or sharing a or with a or manufacturer shall engage in the business of selling motor vehicles to retail consumers in this state, except as permitted by sections 301.550 to 301.575 and the MVFP act. Any dealer or manufacturer licensed in this state shall have standing to enforce the provisions of this subsection.
5. No dealer or manufacturer not licensed in this state under sections 301.550 to 301.575 shall engage in the business of selling motor vehicles to retail consumers in this state, except as permitted by sections 301.550 to 301.575 and the MVFP act. Any dealer or manufacturer in this state shall have standing to enforce the provisions of this subsection, provided that a franchise relationship exists between the parties.
6. Notwithstanding any of sections 301.550 to 301.575 to the contrary, a manufacturer, importer, or distributor may engage in the business of selling motor vehicles to retail consumers in this state from a if the manufacturer, importer, or distributor owned the dealership and initially submitted a dealer license to the Missouri on or before August 28, 2023, provided that the license is subsequently granted, and the ownership or of such dealership is not transferred, sold, or conveyed to another person or entity required to be licensed under this chapter.
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Source & history notes
(L. 2010 H.B. 2198, A.L. 2023 S.B. 398)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.