Cal. Civ. Code § 407.010
Definitions
Operative Text
As used in sections 407.010 to 407.130, the following words and terms mean: (1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise; (2) "Documentary material", the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated; (3) "Examination of documentary material", the inspection, study, or copying of such material, and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy thereof; (4) "Merchandise", any objects, wares, goods, commodities, intangibles, real estate or services; (5) "Person", any natural person or his legal representative, partnership, firm, for-profit or not-for-profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof; (6) "Sale", any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit; (7) "Trade" or "commerce", the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. The terms "trade" and "commerce" include any trade or commerce directly or indirectly affecting the people of this state.
Section 407.010 of Missouri's Merchandising Practices Act establishes the foundational vocabulary used throughout Mo. Rev. Stat. §§ 407.010–407.130. Key terms such as "merchandise," "advertisement," "sale," and "trade or commerce" are given broad definitions, meaning the law's consumer-protection reach extends to a wide range of transactions—including real estate and services—and applies to virtually any type of entity, from individuals to corporations. These definitions set the interpretive boundaries for the rest of the Act, so understanding them clarifies which activities and parties fall within the law's scope.
Plain English — not legal advice.
Because Mo. Rev. Stat. § 407.010 defines "merchandise" to include real estate and "sale" to encompass leases and offers to lease, property owners and managers operating in Missouri should be aware that their rental advertising and leasing activities generally fall within the scope of the Merchandising Practices Act. Compliant operators typically ensure that all promotional materials, lease offers, and related communications are accurate and not misleading, since "advertisement" is defined broadly to cover virtually any method of inducing a person to enter into an obligation or acquire an interest in merchandise. Understanding these definitions helps operators recognize when the Act's consumer-protection provisions are likely to apply to their day-to-day rental practices.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mo. Rev. Stat. § 407.010, the definitions used in Missouri's Merchandising Practices Act are written broadly enough to cover rental housing transactions—meaning tenants who believe a landlord engaged in deceptive practices in connection with advertising, leasing, or other rental-related conduct may have grounds to explore protections under the Act. Because "person" is defined to include a wide range of entities and their agents, the Act can potentially apply to property management companies and their employees, not just individual landlords. Tenants who believe they have experienced unfair or deceptive practices may consider contacting a tenant-rights organization or the Missouri Attorney General's office to learn more about available remedies under §§ 407.010–407.130.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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