reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0111 - Authority of licensors.

218.0111
Authority of licensors.
(1)
The department of transportation shall issue the licenses provided for in s. 218.0114 (14) (a) to (fm) and have supervision over the licensees in respect to all of the provisions of ss. 218.0101 to 218.0163, except that the division of banking shall have jurisdiction and control over all of the following:
(a)
Matters that relate to the sale of motor vehicles on retail installment contracts and the financing and servicing of those retail installment contracts.
(b)
Matters that relate to prelease agreements under s. 218.0144 and consumer leases under chs. 421 to 427 and 429.
(c)
The issuance of licenses to sales finance companies.
(2)
Either licensor under sub. (1) shall, upon request, furnish the other licensor with any information it may have in respect to any licensee or applicant for license or any transaction in which such a licensee or applicant may be a party or be interested. No license shall be issued under s. 218.0114 (14) (a) and (g) until both licensors have approved the application. The suspension or revocation of either the license issued under s. 218.0114 (14) (a) or (g) shall automatically suspend or revoke the other license. Any suspension or revocation shall be certified by the licensor ordering it to the other licensor.
History:  1999 a. 31 ss. 54 to 55; 2003 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0113 - Licenses for dealers, distributors, manufacturers or transporters of semitrailers and trailers.

218.0113
Licenses for dealers, distributors, manufacturers or transporters of semitrailers and trailers.
Subject to ch. 180 where applicable, any dealer, distributor, manufacturer or transporter of semitrailers or trailers designed for use in combination with a truck or truck tractor is considered licensed under ss. 218.0101 to 218.0163 where for purposes of chs. 341 and 342 a license under ss. 218.0101 to 218.0163 is required. This section is enacted to remove an undue burden on interstate commerce from a class of commercial transactions in which the business character of the parties does not require the protection provided by ss. 218.0101 to 218.0163 and to promote the expansion of credit for truck operators who require banking and financing facilities throughout the United States.
History:  1999 a. 31 s. 56.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0119 - Changes in places of business to be reported.

218.0119
Changes in places of business to be reported.
(1)
Before changing the location of a place of business or opening a new place of business in a municipality in which authorized to do business, a licensed dealer, distributor, or manufacturer shall apply to the department of transportation for an amended license. The department of transportation shall issue such license without charge.
(2)
Whenever a licensed dealer, distributor, manufacturer or transporter opens a new place of business, the licensee shall promptly report that fact, including the address of the new place of business, to the department of transportation.
(3)
Whenever a licensed dealer, distributor or manufacturer discontinues or disposes of his or her business, that dealer, distributor or manufacturer shall promptly report that fact to the department of transportation and return the license and registration plates issued. Whenever a licensed dealer, distributor or manufacturer discontinues business due to license suspension or revocation, that dealer, distributor or manufacturer shall surrender the licenses and registration plates to the department of transportation for the suspension or revocation period.
(4)
Any dealer, distributor, manufacturer or transporter who fails to comply with the requirements of this section may be required to forfeit not less than $100 nor more than $200.
History:  1999 a. 31 ss. 105 to 109; 2003 a. 215.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0122 - Damages to delivered vehicles.

218.0122
Damages to delivered vehicles.
(1)
A manufacturer, importer or distributor shall disclose in writing to a motor vehicle dealer, at or before delivery to the dealer, any damage and repair to a new motor vehicle occurring after the manufacturing process is complete but before delivery to the dealer, if the cost of the repair exceeds 6 percent of the manufacturer's suggested retail price, as measured by retail repair costs. Replacement of glass, tires, bumpers, fenders, moldings, audio equipment, instrument panels, hoods and deck lids with identical manufacturer's original equipment is not considered damage and repair under this subsection. If a manufacturer, importer or distributor fails to make a disclosure of damage and repair under this subsection, it shall be liable to the dealer for any liability imposed on the dealer for a failure on the part of the dealer to disclose that damage and repair.
(2)
If the cost of repairing damage to a new motor vehicle that occurs before delivery to the dealer's location exceeds 6 percent of the manufacturer's suggested retail price, as measured by retail repair costs, the dealer may reject or, if title has passed to the dealer, require the manufacturer, importer or distributor who delivered the vehicle to repurchase the vehicle within 10 business days after delivery, unless the damage occurred during shipment and the method of transportation, carrier or transporter of the motor vehicle was designated by the motor vehicle dealer. Upon repurchase, the manufacturer, importer or distributor shall be subrogated to all of the dealer's rights against the carrier or transporter of the motor vehicle regarding damage. The cost of repairing glass, tires, bumpers, moldings and audio equipment with identical manufacturer's original equipment shall not be included in determining the cost of repairing damage under this subsection.
(3)
This section does not apply to motorcycles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.
History:  1999 a. 31 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0123 - Vehicle allocations.

218.0123
Vehicle allocations.
No manufacturer, importer or distributor shall adopt, change, establish or implement a plan or system for the allocation, scheduling or delivery of new motor vehicles, parts or accessories to its motor vehicle dealers that is not fair, reasonable and equitable or modify an existing plan or system so as to cause the plan or system to be unreasonable, unfair or inequitable. Upon the request of any dealer franchised by it, a manufacturer, importer or distributor shall disclose in writing to the dealer the basis upon which new motor vehicles, parts and accessories are allocated, scheduled and delivered among the manufacturer's, importer's or distributor's dealers of the same line make.
History:  1999 a. 31 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0124 - Performance standards.

218.0124
Performance standards.
Any performance standard or program for measuring dealership performance that may have a material effect on a dealer, and the application of any such standard or program by a manufacturer, importer or distributor, shall be fair, reasonable and equitable. Upon the request of any dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer a description of how a performance standard or program is designed and all relevant information used in the application of the performance standard or program to that dealer.
History:  1999 a. 31 s. 113.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0126 - Promotional allowances.

218.0126
Promotional allowances.
A claim made by a franchised motor vehicle dealer for promotional allowances or other incentive payments shall be either approved or disapproved within 30 days after the claim is submitted to the manufacturer, importer or distributor in the manner and on the forms the manufacturer, importer or distributor reasonably prescribes. An approved claim shall be paid within 30 days after its approval. If a claim is not specifically disapproved in writing or by electronic transmission within 30 days after the date on which the manufacturer, importer or distributor receives it, the claim shall be considered to be approved and payment shall follow within 30 days after approval. A manufacturer, importer or distributor retains the right to audit a claim for a period of 2 years after the date on which the claim is paid and to charge back any amounts paid on claims that are false or unsubstantiated. If there is evidence of fraud, this section does not limit the right of the manufacturer to audit for longer periods and charge back for any fraudulent claim, subject to the limitations period under s. 893.93 (1) (cm).
History:  1999 a. 31 s. 122; 2017 a. 235.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0128 - Product liability.

218.0128
Product liability.
A manufacturer, importer, or distributor, except a manufacturer, importer, or distributor of motorcycles with respect to a dealer of the manufacturer's, importer's, or distributor's motorcycles, shall defend, indemnify, and hold harmless a dealer against any claim, judgment, or settlement for damages, court costs, expert witness fees, attorney fees, or other expenses arising out of a complaint, claim, or lawsuit to the extent that the complaint, claim, or lawsuit is caused by alleged defective or negligent manufacture, assembly, or design of a motor vehicle, part, or accessory by the manufacturer, importer, or distributor. If a complaint, claim, or lawsuit involves acts or omissions of both the manufacturer, importer, or distributor and the dealer, the manufacturer, importer, or distributor is not obligated to defend the dealer against a claim arising out of the dealer's alleged acts or omissions and is not obligated to indemnify the dealer against any part of a judgment or settlement that arises out of the dealer's alleged acts or omissions.
History:  2011 a. 91.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0136 - Mediation of disputes between licensees.

218.0136
Mediation of disputes between licensees.
(1)
A licensee may not file a complaint or petition with the division of hearings and appeals or bring an action under s. 218.0163 (1), based on an alleged violation of ss. 218.0101 to 218.0163 by any other licensee or under s. 218.0116 (7) or (8), 218.0131 or 218.0134, unless the licensee serves a demand for mediation upon the other licensee before or contemporaneous with the filing of the complaint or petition or the bringing of the action. A demand for mediation shall be in writing and served upon the other licensee by certified mail at an address designated for that licensee in the licensor's records. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the licensee filing the demand.
(2)
Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The meeting place shall be within this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either licensee or upon the stipulation of both licensees.
(3)
The service of a demand for mediation under sub. (1) shall stay the time for the filing of any complaint or petition with the division of hearings and appeals or for bringing an action under s. 218.0163 (1), based on an alleged violation of ss. 218.0101 to 218.0163 by the other licensee or under s. 218.0116 (7) or (8), 218.0131 or 218.0134, until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the division of hearings and appeals or court considers to be appropriate. A suspension order issued under this subsection may be revoked upon motion of any party or upon motion of the division of hearings and appeals or the court.
(4)
The licensor shall encourage licensees under this section to establish, maintain and administer a panel of mediators who have the character, ability and training to serve as mediators and who have knowledge of the motor vehicle industry.
History:  1999 a. 31 ss. 274 to 278.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0137 - Arbitration of disputes between licensees.

218.0137
Arbitration of disputes between licensees.
A manufacturer, importer or distributor and a dealer may agree to submit a dispute arising under a franchise agreement or under ss. 218.0101 to 218.0163 to binding arbitration. Unless agreed otherwise in an agreement that complies with ss. 218.0114 (9) (b) and 218.0116 (1) (qm) 4., any arbitration proceeding shall be voluntary, initiated by serving a written demand for arbitration on the other party, and shall be conducted under the provisions of the state of Wisconsin arbitration plan administered by representatives of the licensees.
History:  1999 a. 31 s. 279.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0138 - Immunity and presumption of good faith.

218.0138
Immunity and presumption of good faith.
A mediator or arbitrator is immune from civil liability for any good faith act or omission within the scope of the mediator's or arbitrator's performance of his or her powers and duties under s. 218.0136 or the arbitration plan referred to in s. 218.0137. Every act or omission of a mediator or arbitrator is presumed to be a good faith act or omission. This presumption may be overcome only by clear and convincing evidence.
History:  1999 a. 31 s. 280.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0141 - Contract provisions.

218.0141
Contract provisions.
No contract for the sale of a motor vehicle shall contain a clause which, upon nonacceptance of the vehicle by the buyer, would subject the buyer to a penalty greater than 5 percent of the cash price of the vehicle.
History:  1999 a. 31 ss. 254 to 255.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0143 - Notice of insurance to buyer under installment sales contract.

218.0143
Notice of insurance to buyer under installment sales contract.
Whenever a person sells or agrees to sell any motor vehicle at retail under a retail installment contract that provides for insurance coverage, or a charge is made for insurance coverage, the seller shall do one of the following:
(1m)
Ensure that the policy so issued or provided for includes public liability coverage protecting the driver of the motor vehicle against damages resulting from the negligent use of the vehicle.
(2)
Notify, in writing, the buyer at the time of making the retail installment contract that the motor vehicle is not covered by public liability insurance protecting the driver against damages resulting from the negligent use of the vehicle and obtain, on a form separate from the retail installment contract, the signed acknowledgment of the buyer that he or she has been notified that the contract does not include public liability insurance protecting the driver against damages resulting from the negligent use of the vehicle.
History:  1999 a. 31 s. 268; 2005 a. 133.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0144 - Prelease agreements.

218.0144
Prelease agreements.
(1)
Every prelease agreement shall be in writing, which shall contain all of the agreements of the parties with respect to entering into a consumer lease and shall be signed by both parties.
(2)
No prelease agreement shall be binding on a prospective lessee unless all of the following apply:
(a)
All of the information required to be disclosed in a consumer lease under s. 429.203 (3) and (4) is disclosed in writing to the prospective lessee before the execution of the prelease agreement by the prospective lessee.
(b)
The prelease agreement contains, directly above the place for the prospective lessee's signature, a notice in substantially the following language in bold-faced capital letters of not less than 10-point type:
NOTICE TO PROSPECTIVE LESSEE
1. THIS IS A BINDING PRELEASE AGREEMENT. BY SIGNING THIS PRELEASE AGREEMENT, YOU WILL BECOME OBLIGATED TO ENTER INTO AN AGREEMENT WITH THE PROSPECTIVE LESSOR TO LEASE THE MOTOR VEHICLE DESCRIBED IN THIS PRELEASE AGREEMENT WHEN IT IS AVAILABLE AND READY TO BE DELIVERED TO YOU, UPON LEASE TERMS DISCLOSED IN THIS PRELEASE AGREEMENT OR IN THE ATTACHED DISCLOSURE STATEMENT, IF ANY.
2. DO NOT SIGN THIS PRELEASE AGREEMENT BEFORE YOU READ IT, INCLUDING THE WRITING ON THE REVERSE SIDE.
3. DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES.
4. YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN.
(3)
An exact copy of the prelease agreement shall be furnished by the prospective lessor to the prospective lessee at the time that the prospective lessee signs the prelease agreement. The prospective lessee's copy of the prelease agreement shall contain the signature of the prospective lessor identical with the signature on the original prelease agreement. No prelease agreement shall be signed in blank except that a detailed description of the motor vehicle, including the serial or identification number, that is not available at the time of execution of the prelease agreement may be omitted.
(4)
A prospective lessor may cancel a prelease agreement that, with regard to the lease terms disclosed in the prelease agreement, is contingent upon approval of the prospective lessee's credit by a sales finance company to whom the prospective lessor intends to assign the consumer lease, if the prelease agreement contains a provision requiring the prospective lessor to give the prospective lessee written notice of the cancellation within 10 business days of execution of the prelease agreement and the notice is given to the prospective lessee.
(5)
No prelease agreement may contain a clause which, upon nonacceptance of the motor vehicle by the prospective lessee, would subject the prospective lessee to a penalty greater than 5 percent of the gross capitalized cost of the vehicle.
History:  1999 a. 31 s. 269.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0146 - Motor vehicles.

218.0146
Motor vehicles.
(1)
A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form or in an automated format other than the certificate of title.
(2)
It shall be unlawful for any motor vehicle dealer or motor vehicle salesperson to fail to provide, upon request of a prospective purchaser, the name and address of the most recent titled owner and of all subsequent nontitled owners, unless exempted from this requirement by rule of the department of transportation, of any motor vehicle offered for sale. If the most recent titled owner of the motor vehicle is the motor vehicle dealer, the dealer or salesperson shall also provide the name and address of the previous titled owner.
(3)
Except for motor vehicles obtained by involuntary transfer under s. 342.17, a person required to be licensed under this chapter may not sell, offer for sale or have possession of a motor vehicle if any of the following applies:
(a)
The certificate of title has been altered.
(b)
The mileage disclosure statement has been altered.
(c)
The mileage disclosure statement of the previous owner is not complete.
(d)
The assignment or reassignment of ownership by the previous owner is not complete.
(4)
A motor vehicle dealer who is required to process an application for transfer of title and registration under s. 342.16 (1) (a) shall comply with the requirements of s. 342.16 (1) (am).
History:  1999 a. 31 s. 271; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0147 - Purchase or lease of motor vehicle by minor.

218.0147
Purchase or lease of motor vehicle by minor.
(1)
No minor may purchase or lease any motor vehicle unless the minor, at the time of purchase or lease, submits to the seller or lessor a statement verified before a person authorized to administer oaths and made and signed by either parent of the purchaser or lessee, if the signing parent has custody of the minor or, if neither parent has custody, then by the person having custody, setting forth that the purchaser or lessee has consent to purchase or lease the vehicle. The signature on the statement shall not impute any liability for the purchase price of the motor vehicle or for any payments under the consumer lease to the consenting person. The statement shall not adversely affect any other arrangement for the assumption of liability for the purchase price or any lease payments which the consenting person may make.
(2)
If a motor vehicle is purchased by a minor, the signed statement described in sub. (1) shall accompany the application for a certificate of title and shall be filed by the department of transportation with the application. Failure to obtain the consent or to forward it, together with the application for a certificate of title in the event of the purchase of a motor vehicle, shall not void the contract of sale or consumer lease of a motor vehicle in the hands of an innocent holder, without notice, for value and in the ordinary course of business.
(3)
Any person who sells or leases a motor vehicle to a minor with knowledge of that fact without procuring the statement described in sub. (1) may be fined not more than $200 or imprisoned for not more than 6 months or both.
History:  1999 a. 31 ss. 272, 273.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0151 - Advisory committee.

218.0151
Advisory committee.
The licensor may appoint annually one or more local advisory committees and one general advisory committee, each consisting of not more than 9 members. The committees upon request of the licensor may advise and assist the licensor in the administration of ss. 218.0101 to 218.0163. The members of the committees shall receive no compensation for their services or expenses.
History:  1999 a. 31 s. 247.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0161 - Penalties.

218.0161
Penalties.
Except for s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), and except for violations for s. 218.0114 (1), 218.0119, or 218.0147, any person violating ss. 218.0101 to 218.0163 may be required to forfeit not less than $25 nor more than $500 for each violation.
History:  1999 a. 31 s. 281; 1999 a. 138; 2001 a. 38.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.0162 - Commencement of action.

218.0162
Commencement of action.
Upon the request of the licensor, the department of justice or the district attorney may commence an action in the name of the state to recover a forfeiture under s. 218.0161. An action under s. 218.0161 shall be commenced within 3 years after the occurrence of the unlawful act or practice which is the subject of the action.
History:  1999 a. 31 s. 282.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.10 - Definitions.

218.10
Definitions.
In this subchapter:
(1g)
“Dealer", unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in a recreational vehicle or who is engaged wholly or in part in the business of selling recreational vehicles, whether or not the recreational vehicles are owned by the person, but does not include:
(a)
A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
(b)
Any public officer while performing that officer's official duty.
(c)
Any employee of a person enumerated in par. (a) or (b).
(d)
Any lender as defined in s. 421.301 (22).
(e)
A person transferring a recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
(1m)
“Department" means the department of transportation, unless the context requires otherwise.
(1r)
“License period" means the period during which a license issued under s. 218.11 or 218.12 is effective, as established by the department under s. 218.11 (2) (b) 1. or 218.12 (2) (b) 1.
(1x)
“Manufacturer" means any person within or without this state who manufactures or assembles recreational vehicles for sale in this state.
(7)
“New recreational vehicle" means a recreational vehicle which has never been occupied, used or sold for personal or business use.
(8m)
“Recreational vehicle" has the meaning given in s. 340.01 (48r).
(8t)
“Salesperson", unless the context requires otherwise, means any person who is employed by a manufacturer or dealer to sell or lease recreational vehicles.
(9)
“Used recreational vehicle" means a recreational vehicle which has previously been occupied, used or sold for personal or business use.
History:  1973 c. 116, 132; 1989 a. 31; 1991 a. 39, 269, 316; 1999 a. 9; 2001 a. 102; 2007 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.14 - Service fees.

218.14
Service fees.
(1)
A dealer may not assess a purchaser of a recreational vehicle an additional service fee or charge for performing a vehicle inspection or completing a form that is related to the sale of the recreational vehicle and required by law unless the dealer discloses the fee or charge to the purchaser and provides a statement on the purchase or lease contract in substantially the following form: “A service fee or charge is not required by law but may be charged to recreational vehicle purchasers or lessees for services related to compliance with state and federal laws, verifications, and public safety and must be reasonable." The amount of a service fee or charge assessed by a dealer under this subsection may not be higher than the amount initially disclosed.
(2)
Upon request from a purchaser of a recreational vehicle, a dealer shall provide a written list of the services for which a service fee or charge under sub. (1) is assessed.
(3)
The department may audit a dealer to determine whether fees or charges assessed by the dealer under sub. (1) are reasonable.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.15 - Sale or lease of used recreational vehicles.

218.15
Sale or lease of used recreational vehicles.
In the sale or lease of any used recreational vehicle, the sales invoice or lease agreement shall contain the point of manufacture of the used recreational vehicle, the name of the manufacturer and the name and address of the previous owner.
History:  1973 c. 116; 1973 c. 132 s. 5; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.17 - Penalties.

218.17
Penalties.
(2)
In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
(3)
Nothing in this subchapter prohibits an aggrieved customer from bringing a civil action against a dealer or salesperson. If judgment is rendered for the customer based on an act or omission by the dealer or salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
History:  1973 c. 116; 1991 a. 39, 269; 1993 a. 490; 1999 a. 9.
Sub. (3) allows a customer to recover attorney fees when an incomplete warranty or no warranty has been tendered, but it does not allow recovery for a breach of warranty. Lightcap v. Steenberg Homes, Inc. 160 Wis. 2d 607, 466 N.W.2d 904 (1991).
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.20 - Definitions.

218.20
Definitions.
In this subchapter:
(1)
“Department" means the department of transportation.
(1g)
“License period" means the period during which a license issued under s. 218.22 is effective, as established by the department under s. 218.22 (2) (b) 1.
(1r)
“Motor vehicle salvage dealer" means a person who purchases and resells motor vehicles for wrecking, processing, scrapping, recycling, or dismantling purposes or who carries on or conducts the business of wrecking, processing, scrapping, or dismantling motor vehicles or selling parts of motor vehicles so processed. Motor vehicle salvage dealer includes a motor vehicle scavenger and a scrap metal processor or scrap metal dealer who acquires a motor vehicle for scrap or salvage.
(1t)
“Motor vehicle scavenger" means a person who carries on or conducts the business of purchasing motor vehicles and reselling the vehicles to a motor vehicle salvage dealer or scrap metal processor.
(1v)
“Scrap metal dealer" has the meaning given in s. 134.405 (1) (h).
(2)
“Scrap metal processor" means a motor vehicle salvage dealer who sells no motor vehicles or motor vehicle parts and whose business is limited to a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metal scrap for sale for remelting purposes.
History:  1987 a. 351; 1989 a. 31; 2015 a. 55; 2017 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.205 - Motor vehicle salvage dealers to be licensed.

218.205
Motor vehicle salvage dealers to be licensed.
(1)
No person may carry on or conduct the business of a motor vehicle salvage dealer unless licensed to do so by the department. Any person violating this section may be required to forfeit not less than $500 nor more than $5,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 60 days or both for a second or subsequent conviction within 5 years.
(2)
This section shall not apply to:
(a)
Motor vehicle dealers licensed under s. 218.0114 who remove, but do not sell, as such, parts of motor vehicles prior to sale of such vehicles to motor vehicle salvage dealers or scrap metal processors.
(b)
Scrap metal processors and portable scrap metal crushers who accept motor vehicles from only:
1.
Licensed motor vehicle dealers;
2.
Licensed motor vehicle salvage dealers; or
3.
Municipalities, all of whom shall submit titles and reports to the department and retain records.
(c)
Any person who acquires a motor vehicle for salvage purposes for his or her own use and then sells the remainder to a motor vehicle salvage dealer or to another person who will further use that motor vehicle for salvage purposes for his or her own use before selling it to a motor vehicle salvage dealer.
(d)
Collectors of special interest vehicles who purchase or sell parts cars in compliance with s. 341.266.
History:  1971 c. 40; 1975 c. 288; 1977 c. 29 s. 1654 (7) (a); 1977 c. 415; 1987 a. 351 s. 2; Stats. 1987 s. 218.205; 1997 a. 120; 1999 a. 31; 2013 a. 218.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.24 - Salvage dealer license number displayed on trucks and truck-tractors.

218.24
Salvage dealer license number displayed on trucks and truck-tractors.
(1)
Each motor vehicle salvage dealer licensed under this subchapter shall prominently display his or her salvage dealer license number on both sides of each truck or truck-tractor owned by such dealer and operated for hauling, towing or pushing salvage vehicles.
(2)
The letters “DMV SAL" shall be placed directly ahead of the assigned license certificate number.
(3)
The markings required by this section shall be not less than 2 inches in height and not less than one-fourth inch brush stroke, and in sharp color contrast to the background on which it is applied. Such identification shall be maintained in such manner as to remain legible while the vehicle is in operation.
(4)
Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both.
History:  1975 c. 288.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.25 - Rules.

218.25
Rules.
The department shall make rules under ch. 227 and establish the standards necessary to carry out the purposes of this subchapter and to provide for the orderly operation of motor vehicle salvage sites.
History:  1975 c. 288; 1977 c. 29 s. 1654 (7) (a).
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.30 - Definitions.

218.30
Definitions.
In this subchapter:
(1)
“Department" means the department of transportation.
(2)
“License period" means the period during which a license issued under s. 218.32 is effective, as established by the department under s. 218.32 (2) (b) 1.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.305 - Motor vehicle auction dealers to be licensed.

218.305
Motor vehicle auction dealers to be licensed.
No person shall carry on or conduct the business of auctioning motor vehicles at wholesale unless licensed to do so by the department. Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days, or both.
History:  1971 c. 40; 1977 c. 29 s. 1654 (7) (a); 1989 a. 31 s. 2487dp; Stats. 1989 s. 218.305.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.31 - Application for auction dealer's license.

218.31
Application for auction dealer's license.
(1)
Application for a motor vehicle auction dealer's license shall be made upon the form prescribed by the department and, except as provided in sub. (1f), shall contain:
(a)
The name and address of the applicant.
(ag)
When the applicant is an individual, the social security number of the individual.
(am)
When the applicant is a person who is not an individual, the person's federal employer identification number.
(b)
When the applicant is a partnership, the name and address of each partner.
(bL)
When the applicant is a limited liability company, the name and address of each member.
(c)
When the applicant is a corporation, the names of the principal officers of the corporation and the name of the state in which incorporated.
(d)
The place or places where the business is to be conducted and the nature of the business.
(e)
Such other pertinent information as may be required by the department for the purpose of determining the eligibility of the applicant to be licensed.
(1f)
(a)
If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a motor vehicle auction dealer's license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.
(b)
Any motor vehicle auction dealer's license issued or renewed in reliance upon a false statement submitted by an applicant under par. (a) is invalid.
(1m)
(a)
The department shall deny an application for the issuance or renewal of a license if any information required under sub. (1) (ag) or (am) is not included in the application.
(b)
The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of children and families for purposes of administering s. 49.22, the department of revenue for the sole purpose of requesting certifications under s. 73.0301, and the department of workforce development for the sole purpose of requesting certifications under s. 108.227.
(2)
Every application shall be executed by the applicant, if an individual, or in the event the applicant is a partnership, limited liability company or corporation, by a partner, member or officer thereof. Every such application shall be accompanied by the fee required by law.
History:  1977 c. 29 s. 1654 (7) (a); 1993 a. 112; 1997 a. 191, 237; 1999 a. 9, 32; 2007 a. 20; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.33 - Motor vehicle auction dealer to be bonded; conduct of auction business.

218.33
Motor vehicle auction dealer to be bonded; conduct of auction business.
(1)
Each licensee under s. 218.32 shall furnish and maintain a corporate surety bond in the amount of $25,000 in such form as the department approves, conditioned upon the licensee's complying with the laws applicable to the licensee and as indemnity for any loss sustained by any person by reason of acts of the licensee constituting grounds for refusal or revocation of the auction dealer's license. The bond shall run to the state of Wisconsin for the benefit of aggrieved parties, but the aggregate liability of the surety for all such parties shall not exceed the amount of said bond.
(2)
The following rules shall govern the conduct of motor vehicle auction sales:
(a)
Sales of motor vehicles shall be confined to those offered by licensed motor vehicle dealers and shall be made only to a person who is qualified under s. 218.34 to purchase, or submit a bid for the purchase of, a motor vehicle from a motor vehicle auction.
(b)
For each motor vehicle offered for sale by a motor vehicle dealer, the transferring dealer shall provide the motor vehicle auction dealer with clear title or shall furnish title insurance at the time of the sale. For each motor vehicle sold at an auction, the motor vehicle auction dealer shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred through an auction sale.
(c)
Payment for motor vehicles bought and sold shall be made immediately after sale.
(2m)
Section 342.157 applies to motor vehicle auction sales under this section.
(3)
Any person violating this section may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days, or both.
History:  1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1993 a. 159; 1997 a. 27; 2003 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.34 - Purchases from a motor vehicle auction.

218.34
Purchases from a motor vehicle auction.
(1)
No person may purchase or submit a bid for the purchase of a motor vehicle from a motor vehicle auction unless the following conditions are satisfied:
(a)
The person holds a valid motor vehicle dealer, motor vehicle wholesaler, or motor vehicle buyer license.
(b)
If licensed as a motor vehicle buyer, the person bids on a vehicle for only one motor vehicle dealer at a time, and uses that dealer's funds when purchasing the vehicle.
(c)
The person displays his or her valid motor vehicle dealer, motor vehicle wholesaler, or motor vehicle buyer license to the motor vehicle auction and includes his or her license number on each sheet of any bid submitted to a motor vehicle auction for the purchase of a motor vehicle or other document evidencing the purchase of a motor vehicle from a motor vehicle auction.
(2)
No motor vehicle auction may accept a bid for the purchase of a motor vehicle or complete the sale transaction unless the person who submits the bid or offers to purchase a motor vehicle from the motor vehicle auction satisfies the requirements of sub. (1) and the motor vehicle auction verifies that the motor vehicle dealer license, motor vehicle wholesaler license, or motor vehicle buyer license number displayed on the person's license and included on each sheet of that person's bid or other document evidencing the purchase of a motor vehicle are identical.
(3)
For each motor vehicle sold by a motor vehicle auction, the motor vehicle auction shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred by a motor vehicle auction.
History:  2003 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.40 - Definitions.

218.40
Definitions.
In this subchapter:
(1)
“Department" means the department of transportation.
(1m)
“License period" means the period during which a license granted under s. 218.41 is effective, as established by the department under s. 218.41 (2m) (a) 1.
(2)
“Moped" has the meaning designated in s. 340.01 (29m).
(3)
“Moped dealer" means any person, firm or corporation, who is engaged wholly or in part in the business of selling mopeds, except that a person, firm or corporation who is also a motor vehicle dealer under ss. 218.0101 to 218.0163 shall be governed and regulated by the provisions of ss. 218.0101 to 218.0163 and not this section.
History:  1977 c. 288; 1981 c. 20; 1989 a. 31; 1999 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.43 - Penalty.

218.43
Penalty.
Any person violating s. 218.41 or a lawful rule or order issued thereunder may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years.
(1)
The department may cancel the license of the convicted licensee.
(2)
The license issued to any convicted licensee shall be surrendered to any police officer upon direction of the department without any refund of the fees paid.
(3)
Any license canceled under this section may not be renewed for 12 months.
History:  1977 c. 288; 2013 a. 370.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.50 - Definitions.

218.50
Definitions.
In this subchapter:
(1)
“Buyer identification card" means a card issued by the department authorizing the cardholder to bid on and purchase motor vehicles being held and offered for sale by a motor vehicle salvage pool and containing the full name, business and residence address and a brief description of the cardholder, the buyer identification number assigned to the cardholder by the department, either a facsimile of the cardholder's signature or a space upon which the cardholder shall write his or her name immediately upon receipt of the card and such other information as the department specifies.
(1m)
“Buyer identification card period" means the period during which a buyer identification card issued under s. 218.51 is effective, as established by the department under s. 218.51 (3) (b) 1.
(2)
“Buyer identification number" means the distinguishing sequence of numbers or numbers and letters assigned by the department to a cardholder and appearing on that cardholder's buyer identification card.
(3)
“Cardholder" means a person to whom the department has issued a buyer identification card.
(4)
“Department" means the department of transportation.
(5)
“Motor vehicle salvage pool" means a person who is engaged primarily in the business of selling or distributing damaged motor vehicles at wholesale, whether or not the motor vehicles are owned by that person.
(6)
“Qualified applicant" means a motor vehicle dealer, wholesaler salvage dealer licensed under this chapter, a motor vehicle dealer, wholesaler or salvage dealer licensed in another jurisdiction or an employee of a motor vehicle dealer, wholesaler or salvage dealer under this subsection.
History:  1987 a. 349; 1989 a. 31, 56.
2023 Wisconsin Statutes & Annotations › Chapter 218 - Finance companies, auto dealers, adjustment companies and collection agencies. › 218.505 - Salvage pools to be licensed as wholesalers.

218.505
Salvage pools to be licensed as wholesalers.
No motor vehicle salvage pool may engage in business as such unless licensed as a wholesaler under ss. 218.0101 to 218.0163.
History:  1987 a. 349; 1999 a. 31.