407.738. Actions, unlawful subleasing, who may bring--definitions. - Missouri Statutes

Actions, unlawful subleasing, who may bring--definitions.

407.738. 1. Any one or more of the following persons whosuffers any damage proximately resulting from one or more actsof unlawful motor vehicle subleasing, as described in section407.742 may bring an action in the circuit court in the countyin which the defendant resides, has his principal place ofbusiness, or where an act of unlawful motor vehicle subleasingoccurred against the person who has engaged in those acts:

(1) A seller or other secured party under a conditionalsale contract or a security agreement;

(2) A lender under a direct loan agreement;

(3) A lessor under a lease contract;

(4) A buyer under a conditional sale contract;

(5) A purchaser under a direct loan agreement, an agreementwhich provides for a security interest, or an agreement which isequivalent to these types of agreements;

(6) A lessee under a lease contract;

(7) An actual or purported transferee or assignee of anyright or interest of a buyer, a purchaser, or a lessee.

2. The circuit court in an action under subsection 1 ofthis section may award, in its discretion, actual damages;punitive damages; reasonable attorney's fees and costs to theprevailing party; equitable relief, including, but not limitedto, an injunction and restitution of money and property; and anyother equitable relief which the court deems proper.

3. As used in sections 407.738 to 407.745, the followingterms have the following meanings:

(1) "Buyer" has the meaning set forth in subdivision (9) ofsection 365.010, RSMo;

(2) "Conditional sale contract" means:

(a) Any contract for the sale of a motor vehicle between abuyer and a seller, with or without accessories, under whichpossession is delivered to the buyer but the title vests in thebuyer thereafter only upon the payment of all or part of theprice, or upon the performance of any other condition; or

(b) Any contract for the bailment or leasing of a motorvehicle between a buyer and a seller, with or withoutaccessories, by which the bailee or lessee agrees to pay ascompensation for use a sum substantially equivalent to or inexcess of the aggregate value of the vehicle and itsaccessories, if any, at the time the contract is executed, andby which it is agreed that the bailee or lessee will become, orfor no other consideration or for a nominal consideration hasthe option of becoming, the owner of the vehicle upon fullcompliance with the terms of the contract; or

(c) Any contract for the sale of a motor vehicle between abuyer and a seller, with or without accessories, under whichpossession is delivered to the buyer, and a lien on the propertyis to vest in the seller as security for the payment of part orall of the price, or for the performance of any other condition;

(d) Conditional sale contract includes any contract for thesale or bailment of a motor vehicle between a buyer and a sellerprimarily for business or commercial purposes;

(3) "Direct loan agreement" means an agreement between alender and a purchaser whereby the lender has advanced fundspursuant to a loan secured by the motor vehicle which thepurchaser has purchased;

(4) "Lease contract" means a lease contract between alessor or bailor and a lessee or bailee including a lease forbusiness or commercial purposes;

(5) "Motor vehicle" means any vehicle required to beregistered pursuant to chapter 301, RSMo;

(6) "Person" has the meaning set forth in subdivision (5)of section 407.010;

(7) "Purchaser", has the meaning set forth in subdivision(33) of section 400.1-201, RSMo;

(8) "Security agreement" and "secured party" have themeanings set forth, respectively, in paragraphs (h) and (i) ofsubdivision (1) of section 400.9-105, RSMo. "Security interest"has the meaning set forth in subdivision (37) of section400.1-201, RSMo;

(9) "Seller" has the meaning set forth in subdivision (12)of section 365.020, RSMo, and includes the present holder of theconditional sale contract.

4. The rights and remedies provided in sections 407.738 to407.745 are in addition to any other rights and remediesprovided by law.

(L. 1989 H.B. 893 § 4)