Wisconsin Administrative Code › Department of Transportation › Chapter Trans 138 - Dealer Facilities, Records, And Licenses › Section Trans 138.02 - Definitions

Current through June 24, 2024
Words and phrases defined in ch. 218, Stats., have the same
				meaning in this chapter unless additional interpretations are specified.
(1) "Auction dealer" means a person who for
			 compensation takes possession, whether through consignment or bailment or any
			 other arrangement, of a motor vehicle owned by a motor vehicle dealer and
			 offers it for sale at an auction open only to motor vehicle dealers or
			 wholesalers.
(2) "Compensation"
			 means commission, money, goods, services, or other thing of value. The term
			 includes any increase in the value or attractiveness of membership,
			 affiliation, or employment with a club, association, corporation, government
			 agency, or other organization.
(2m)
			 "Day" means calendar day, unless otherwise stated in this chapter. The
			 provisions of s. 990.001 (4),
			 Stats., apply to calculations of time under this chapter, except that a legal
			 holiday shall be counted as a day if the dealer is open for business.
(3) "Department" means the Wisconsin
			 department of transportation.
(4)
			 "Incidental sales" mean sales of motor vehicles incidental to their owner's
			 primary business activities. Vehicle sales are incidental to their owner's
			 primary business activities if the owner provides a service, manufactures a
			 product, or is engaged in some other clearly identifiable business activity
			 which is demonstrably distinct from the sale of motor vehicles or their lease
			 with an option of purchase; and if the vehicles are purchased and used
			 primarily to serve the transportation needs of the owner's business or its
			 employees in their work.
(5) "Lease
			 with the option of purchase" means to rent or lease a vehicle to a person with
			 an option or right to buy the vehicle, whether or not the option or right to
			 purchase is described in the rental or leasing contract. The term includes
			 offering contracts to prospective lessees.
(5g) "Motor vehicle dealer" or "dealer" has
			 the meaning provided in s.
			 218.0101 (23)
			 (a), Stats.
(5r) "Motor vehicle salesperson" or
			 "salesperson" has the meaning provided in s.
			 218.0101 (24),
			 Stats.
(6) "Negotiate a sale or
			 exchange of an interest in motor vehicles" means any bargaining by a person
			 other than a prospective retail buyer over the terms of a motor vehicle sale,
			 exchange, or lease with an option of purchase. The term includes establishing
			 or offering to establish agreements with dealers or other vehicle owners
			 concerning the conditions under which the owners may sell their vehicles or
			 lease them with an option of purchase to any person or group of persons. Such
			 conditions may include vehicle prices or discounts, formulas for determining
			 prices, or criteria for determining a consumer's eligibility for these or other
			 conditions of sale.
(6m) "Pay-off"
			 means the outstanding balance of any note or loan secured by a lien on a
			 vehicle, or in the case of a leased vehicle, the lease buy out.
(7) "Perfect or case bound" means a book that
			 is permanently bound by gluing, stitching or both.
(8) "Privately titled" means a vehicle owned
			 by a person who acquired the vehicle through a bona fide sales transaction in
			 which anything of substantial value was exchanged to acquire ownership of the
			 vehicle for purposes other than lease, rental or resale, and the person is not
			 a motor vehicle manufacturer, final stage manufacturer, converter, distributor,
			 wholesaler, motor vehicle dealer, auction dealer, or leasing or rental
			 company.
(9) "Retail auctioneer"
			 means a person who for compensation takes possession of a motor vehicle owned
			 by another person, whether through consignment or bailment or any other
			 arrangement, and offers the vehicle for sale to retail buyers by
			 auction.
(10) "Sell" means to
			 transfer or offer to transfer ownership of a motor vehicle for compensation,
			 whether or not the person executing or offering to execute the transfer owns
			 the vehicle. Selling includes all of the following:
(a) Displaying, depicting, or describing the
			 vehicle to potential purchasers and indicating by any means that the person is
			 willing to sell the vehicle or accept an order for the vehicle's future sale or
			 the sale of a similar vehicle.
(b)
			 Executing or offering to execute a lease with a requirement that the lessee
			 purchase the vehicle.
(c) Accepting
			 or negotiating an order to purchase a vehicle placed by fax, telephone, the
			 Internet, mail or some other means with a person within this state, if the
			 vehicle purchased as a result of the order is delivered to the purchaser at a
			 location within this state.
Note:
This definition of "selling" includes the
				activities of consignment dealers, who may display vehicles and negotiate sales
				on behalf of the vehicles' owners.