407.511. Definitions. — As used in sections 407.511 to 407.556, unless the context clearly indicates otherwise, the following terms mean:
(1) "Mileage", the actual distance that a vehicle has traveled;
(2) "Odometer", an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips;
(3) "Person", any natural person, corporation, unincorporated association, partnership or any agent, corporate officer or partner acting in such capacity;
(4) "Repair and replacement", to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative;
(5) "Transfer", to change ownership by purchase, gift, or any other means;
(6) "Transferee", any person to whom ownership of a motor vehicle is transferred by purchase, gift, or any means other than by the creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee; and
(7) "Transferor", any person who transfers his ownership in a motor vehicle by sale, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferor.
Notes of Decisions
Metro Auto Auction v. Dir. of Revenue, 707 S.W.2d 397 (Mo. 1986).
· cites it 12× “While odometer fraud is unlawful, section 407.511, et seq., RSMo Cum.Supp.1984, the interest claimed by the plaintiffs is not in selling vehicles with rolled-back odometers.”
State Ex Rel. Webster v. Myers, 779 S.W.2d 286 (Mo. Ct. App. 1989).
· cites it 7× “020, was preempted by §§ 407.511 through 407.556. Chapter 407, RSMo 1986, is known as the Merchandising Practices Act.”
O'Brien v. B.L.C. Ins. Co., 768 S.W.2d 64 (Mo. 1989).
“Presently §§ 407.511 — 407.556, RSMo 1986. . The 1988 amendments to these sections become effective July 1, 1989.”
Fields v. Mitch Crawford's Holiday Motors Co., 947 S.W.2d 818 (Mo. Ct. App. 1997).
· cites it 3× “This appeal follows a jury verdict against appellants Alonzo and Neptorie Fields on their claims for common law fraud and violation of Missouri’s odometer statutes, § 407.511, RSMo 1986, et seq. In a single point, appellants argue that the trial court erred in overruling their…”
Fields v. Mitch Crawford's Holiday Motors Co., 908 S.W.2d 877 (Mo. Ct. App. 1995).
“On November 16,1993, the Fieldses filed a two-count petition accusing Crawford’s of common law fraud and violations of § 407.511, et seq., 1 Missouri’s odometer statutes.”
State v. Cotton, 295 S.W.3d 487 (Mo. Ct. App. 2009).
“553, RSMo, for purposes of offenses committed pursuant to sections 407.511 to 407.556, RSMo; and (2) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but…”
State ex rel. Mellenbruch v. Mummert, 821 S.W.2d 108 (Mo. Ct. App. 1991).
“Although set forth m separate counts, relators amended petition states a single claim for the recovery of damages resulting from a false and misrepresented odometer reading.”
Mohundro v. Nelson, 69 S.W.3d 908 (Mo. Ct. App. 2002).
· cites it 2× “546 2 provides that “[a]ny person who with intent to defraud, violates any of the provisions of sections 407.511 to 407.556 RSMo, shall be liable in civil damages.”
Walck v. Nosser, 765 S.W.2d 716 (Mo. Ct. App. 1989).
· cites it 2× “First, the trial court erred in giving a punitive damage instruction, because punitive damages are not recoverable on an odometer fraud claim brought pursuant to § 407.511 et seq., RSMo 1986. Since the case was submitted under a common law fraud count rather than the statutory…”
— Mo. Rev. Stat. § 407.511(3) — 1 case
State ex rel. Mellenbruch v. Mummert, 821 S.W.2d 108 (Mo. Ct. App. 1991).
“Although set forth m separate counts, relators amended petition states a single claim for the recovery of damages resulting from a false and misrepresented odometer reading.”
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