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RSMo 407.830effective 28 Aug 1980

Franchisor's defenses against action by franchisee

In plain English

This law lists the reasons a car brand or manufacturer (franchisor) can use to defend itself when a car dealer (franchisee) sues them. The defense works if the dealer broke the rules of their agreement, was convicted of a crime related to dishonest business, closed down or walked away from the business, ran out of money, filed for bankruptcy, or had their assets seized. It is also a defense if the manufacturer was acting in good faith under normal business or loan rights.

Word-for-word law

407.830. 's s against by . — 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 and other agreements or , or if the motor vehicle franchisee, or any of its officers, have been of a relevant to business honesty or business practices, or if the motor vehicle franchisee has ceased conducting its business or has the franchise, or is as that term is defined in (23) of section 400.1-201, or has filed a , or has made an , or has been the subject of an under the federal bankruptcy act or under any state law which is not within twenty days from the institution thereof, or there has been an appointment of a or other officer having similar powers for the motor vehicle franchisee or the motor vehicle franchisee's business who is not within twenty days from his appointment, or there has been a , or similar which is not within ten days vacated or removed by payment or , 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 pursuit of rights or accorded to a motor vehicle franchisor as a of goods or a of a under the of chapter 400.

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Source & history notes

(L. 1980 H.B. 1600 § 5)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 407.830: Franchisor's defenses against action by franchisee | KnowMo Laws