301.558. Dealer may fill in blanks on standardized forms, when--fee authorized--preliminary worksheet on computation of sale price, requirements.
Dealer may fill in blanks on standardized forms, when--feeauthorized--preliminary worksheet on computation of sale price,requirements.
301.558. 1. A motor vehicle dealer, boat dealer, or powersport dealermay fill in the blanks on standardized forms in connection with the sale orlease of a new or used motor vehicle, vessel, or vessel trailer if the motorvehicle dealer, boat dealer, or powersport dealer does not charge for theservices of filling in the blanks or otherwise charge for preparing documents.
2. A motor vehicle dealer, boat dealer, or powersport dealer may chargean administrative fee in connection with the sale or lease of a new or usedmotor vehicle, vessel, or vessel trailer for the storage of documents or anyother administrative or clerical services not prohibited by this section. Aportion of the administrative fee may result in profit to the motor vehicledealer, boat dealer, or powersport dealer.
3. No motor vehicle dealer, boat dealer, or powersport dealer that sellsor leases new or used motor vehicles, vessels, or vessel trailers and imposesan administrative fee of less than two hundred dollars in connection with thesale or lease of a new or used vehicle, vessel, or vessel trailer for thestorage of documents or any other administrative or clerical services shall bedeemed to be engaging in the unauthorized practice of law.
4. If an administrative fee is charged under this section, theadministrative fee shall be charged to all retail customers and disclosed onthe retail buyer's order form as a separate itemized charge.
5. A preliminary worksheet on which a sale price is computed and that isshown to the purchaser, a retail buyer's order form from the purchaser, or aretail installment contract shall include, in reasonable proximity to theplace on the document where the administrative fee authorized by this sectionis disclosed, the amount of the administrative fee and the following notice intype that is boldfaced*, capitalized, underlined, or otherwise conspicuouslyset out from the surrounding written material:
"AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE AND IS NOT REQUIRED BY LAWBUT MAY BE CHARGED BY A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN APROFIT TO DEALER. NO PORTION OF THIS ADMINISTRATIVE FEE IS FOR THE DRAFTING,PREPARATION, OR COMPLETION OF DOCUMENTS OR THE PROVIDING OF LEGAL ADVICE.THIS NOTICE IS REQUIRED BY LAW.".
6. The general assembly believes that an administrative fee charged incompliance with this section is not the unauthorized practice of law or theunauthorized business of law so long as the activity or service for which thefee is charged is in compliance with the provisions of this section and doesnot result in the waiver of any rights or remedies. Recognizing, however,that the judiciary is the sole arbitrator of what constitutes the practice oflaw, in the event that a court determines that an administrative fee chargedin compliance with this section, and that does not waive any rights orremedies of the buyer, is the unauthorized practice of law or the unauthorizedbusiness of law, then no person who paid that administrative fee may recoversaid fee or treble damages, as permitted under section 484.020, RSMo, and noperson who charged that fee shall be guilty of a misdemeanor, as providedunder section 484.020, RSMo.
(L. 2009 S.B. 355)*Word "bold-faced" appears in original rolls.