Mo. Rev. Stat. » Chapter 407
Missouri Revised Statutes

Mo. Rev. Stat. § 407.913 (2026)

Failure to pay sales representative commission, liability in civil action for actual damages

✓ current as of May 2026
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  407.913.  Failure to pay sales representative commission, liability in civil action for actual damages — additional damages allowed — attorney fees and costs. — Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be liable to the sales representative in a civil action for the actual damages sustained by the sales representative and an additional amount as if the sales representative were still earning commissions calculated on an annualized pro rata basis from the date of termination to the date of payment.  In addition the court may award reasonable attorney's fees and costs to the prevailing party.

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(L. 1989 S.B. 192 § 1 subsec. 5, A.L. 2005 S.B. 211)

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1994–2025 · leading case: Lapponese v. Carts of Colorado, Inc., 422 S.W.3d 396 (Mo. Ct. App. 2013).
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Lapponese v. Carts of Colorado, Inc., 422 S.W.3d 396 (Mo. Ct. App. 2013). · cites it 54× “912 and that Lapponese was not “terminated” within the meaning of Section 407.913 because he voluntarily quit his employment.”
Selleck v. Keith M. Evans Ins., Inc., 535 S.W.3d 779 (Mo. Ct. App. 2017). · cites it 26× “In four separate counts, Selleck alleged claims for (1) wrongful discharge, (2) unpaid commissions under Section 407.913 1 of the MMPA, (3) unjust enrichment, and (4) breach of an oral contract.”
Steve Hibbs v. Brian Berger, 430 S.W.3d 296 (Mo. Ct. App. 2014). · cites it 7× “Specifically, Plaintiff argues that genuine issues of material fact remain regarding whether Defendants and Taylor conspired to illegally withhold Plaintiffs commissions, in violation of Section 407.913. “A civil conspiracy is an agreement between at least two persons to do an…”
Hoffman v. Van Pak Corp., 16 S.W.3d 684 (Mo. Ct. App. 2000). · cites it 10× “In addition to the damages he recovered for breach of contract, plaintiff sought to recover additional damages under Section 407.913 RSMo which provides: Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be…”
J.S. DeWeese Co. v. Hughes-Treitler Mfg. Corp., 881 S.W.2d 638 (Mo. Ct. App. 1994). · cites it 6× “Louis County: (1) granting respondent’s, Hughes-Treitler Manufacturing Corporation, motion to dismiss a claim for violation of § 407.913 R.S.Mo.1986 (all further references shall be to R.”
Mercer v. BusComm, Inc., 515 S.W.3d 238 (Mo. Ct. App. 2017). · cites it 4× “50, relying on the prevailing party provision in Section 407.913 of the MMPA. The trial court granted BusComm’s motion for JNOV and entered judgment in favor of BusComm, 3 The trial court specifically found that the jury verdict was against the weight of the evidence in that…”
Rois v. H.C. Sharp Co., 203 S.W.3d 761 (Mo. Ct. App. 2006). · cites it 3× “Finally, Rois claims the trial court erred in failing to award him damages pursuant to the Missouri Sale Representative Act, specifically Section 407.913 RSMo (2000), for Sharp’s withholding of his commissions.”
Schwab v. Nat'l Dealers Warranty, Inc., 298 S.W.3d 87 (Mo. Ct. App. 2009). · cites it 2× “an additional amount as if the sales representative were still earning commissions calculated on an annualized pro rata basis from the date of termination to the date of payment.”
Leisman v. Archway Med., Inc., 53 F. Supp. 3d 1144 (E.D. Mo. 2014). · cites it 2× “Mo.Rev. Stat. § 407.913. The Illinois law allows exemplary damages not to exceed three times the amount of commissions owed to the sales representative, along with reasonable attorney’s fees and court costs.”
Trim Fit, LLC v. Dickey, 607 F.3d 528 (8th Cir. 2010). “Mo.Rev.Stat. § 407.913 (2005). Before a 2005 amendment to the definitions section, the Missouri commissions statute applied only to sales at wholesale.”
Mike Abduhamed, Appellant/Cross-Respondent v. Carol House Furniture, Inc., Respondent/Cross-Appellant. (Mo. Ct. App. 2025). · cites it 14× “Section 407.913 discusses liability in the event a principal fails 1 This Court notes Appellant’s name is misspelled in the style of the case and docket entry sheet.”
Poorman v. TTG, Inc. (W.D. Mo. 2022). · cites it 5× “Plaintiffs filed this action alleging claims for violations of the Missouri Commission Sales Act, § 407.913, RSMo, (Count I); breach of contract (Count II); quantum meruit (Count III); and unjust enrichment (Count IV).”
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