218.0151   Advisory committee.
218.0152   Rules and regulations.
218.0161   Penalties.
218.0162   Commencement of action.
218.0163   Civil damages.
218.0171   Repair, replacement and refund under new motor vehicle warranties.
218.0172   Motor vehicle adjustment programs.
SUBCHAPTER II
ADJUSTMENT SERVICE COMPANIES
218.02   Adjustment service companies.
SUBCHAPTER III
COLLECTION AGENCIES
218.04   Collection agencies.
SUBCHAPTER IV
COMMUNITY CURRENCY EXCHANGES
218.05   Community currency exchanges.
SUBCHAPTER VI
RECREATIONAL VEHICLE DEALERS
218.10   Definitions.
218.11   Recreational vehicle dealers regulated.
218.12   Recreational vehicle salespersons regulated.
218.14   Service fees.
218.15   Sale or lease of used recreational vehicles.
218.17   Penalties.
SUBCHAPTER VII
MOTOR VEHICLE SALVAGE DEALERS
218.20   Definitions.
218.205   Motor vehicle salvage dealers to be licensed.
218.21   Application for salvage dealer's license.
218.22   When department to license salvage dealers.
218.23   Licensee to maintain records; purchase and sale of vehicles by licensee.
218.24   Salvage dealer license number displayed on trucks and truck-tractors.
218.25   Rules.
SUBCHAPTER VIII
MOTOR VEHICLE AUCTION DEALERS
218.30   Definitions.
218.305   Motor vehicle auction dealers to be licensed.
218.31   Application for auction dealer's license.
218.32   When department to license auction dealer.
218.33   Motor vehicle auction dealer to be bonded; conduct of auction business.
218.34   Purchases from a motor vehicle auction.
SUBCHAPTER IX
MOPED DEALERS
218.40   Definitions.
218.41   Moped dealers regulated.
218.42   Examination by department.
218.43   Penalty.
SUBCHAPTER X
MOTOR VEHICLE SALVAGE POOLS
AND BUYER IDENTIFICATION
218.50   Definitions.
218.505   Salvage pools to be licensed as wholesalers.
218.51   Buyer identification cards.
218.52   Purchases from motor vehicle salvage pools.
218.53   Penalties.
subch. I of ch. 218 SUBCHAPTER I
MOTOR VEHICLE DEALERS; SALESPERSONS;
SALES FINANCE COMPANIES
Subch. I of ch. 218 Cross-reference Cross-reference: See also chs. Trans 137, 138, 139, 140, and 144, Wis. adm. code.
218.0101 218.0101 Definitions. In ss. 218.0101 to 218.0163, unless the context requires otherwise:
218.0101(1) (1)“Agreement" means a contract that describes the franchise relationship between manufacturers, distributors, importers and dealers.
218.0101(3) (3)“Cash price" means the retail seller's price in dollars for the sale of goods, and the transfer of unqualified title to those goods, upon payment of the retail seller's price in cash or a cash equivalent.
218.0101(4) (4)“Consumer lease" has the meaning given in s. 429.104 (9).
218.0101(5) (5)“Designated family member" includes all of the following:
218.0101(5)(a) (a) The spouse, child, grandchild, parent, brother or sister of a deceased owner of a dealership who holds an interest in the dealership or who is entitled to receive an interest in the dealership by reason of the owner's death.
218.0101(5)(b) (b) A court-appointed legal representative of an incapacitated owner, including a guardian or conservator.
218.0101(5)(c) (c) An owner's attorney-in-fact under a valid power of attorney.
218.0101(5)(d) (d) A court-appointed personal representative or special administrator of a deceased owner's estate if the deceased owner's estate holds an interest in the dealership and, if the personal representative or special administrator is a corporate fiduciary, an individual is designated as operator under the franchise agreement.
218.0101(5)(e) (e) The trustee of a trust, testamentary or inter vivos, of which an owner was settlor if the trust holds an interest in the dealership and, if the trustee is a corporate fiduciary, an individual is designated as operator under the franchise agreement.
218.0101(5)(f) (f) An individual who has been nominated by the operator of a dealership as his or her successor in a written instrument filed with and accepted by the manufacturer, importer or distributor if that individual will hold a legal or beneficial interest in the dealership and is acceptable to the persons who will hold the controlling interest in the dealership.
218.0101(6) (6)“Distributor" means a person, resident or nonresident who in whole or part, sells or distributes new motor vehicles to motor vehicle dealers, or who maintains distributor representatives.
218.0101(7) (7)“Distributor branch" means a branch office similarly maintained by a distributor for the same purposes.
218.0101(8) (8)“Distributor representative" means a representative similarly employed by a distributor or distributor branch.
218.0101(9) (9)“Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
218.0101(10) (10)“Factory branch" means a branch office maintained by a person who manufactures or assembles motor vehicles, for the sale of motor vehicles to distributors, or for the sale of motor vehicles to motor vehicle dealers or for directing or supervising in whole or part, its representatives.
218.0101(11) (11)“Factory representative" means a representative employed by a person who manufactures or assembles motor vehicles or by a factory branch, for the purpose of making or promoting the sale of its motor vehicles, or for supervising or contacting its dealers or prospective dealers.
218.0101(12) (12)“Finance charge" has the meaning set forth in s. 421.301 (20).
218.0101(13) (13)“Franchise" means the right to buy, sell, distribute or service a line make of motor vehicles that is granted to a motor vehicle dealer or distributor by a manufacturer, importer or distributor.
218.0101(13m) (13m)“Gross capitalized cost" has the meaning given in s. 429.104 (13m).
218.0101(14) (14)“Importer" means a person who has written authorization from a foreign manufacturer of a line make of motor vehicles to grant franchises to motor vehicle dealers or distributors in this state with respect to that line make.
218.0101(15) (15)“Lease" or “leasing" means, with respect to a lessor, to enter into or offer to enter into a consumer lease with a lessee.
218.0101(16) (16)“Lessee" has the meaning given in s. 429.104 (17).
218.0101(17) (17)“Lessor" means a person who leases a motor vehicle to a lessee under a consumer lease, but does not include an assignee of a consumer lease.
218.0101(18) (18)“License period" means the period during which a particular type of license described in s. 218.0114 (14) is effective, as established by the department of transportation or division of banking under s. 218.0114 (13) (b) or (d).
218.0101(19) (19)“Licensor" means the body, either the division of banking or the department of transportation or both, issuing a license under ss. 218.0101 to 218.0163.
218.0101(20) (20)“Manufacturer" means any person, resident or nonresident, who does any of the following:
218.0101(20)(a) (a) Manufactures or assembles motor vehicles.
218.0101(20)(b) (b) Manufactures or installs on previously assembled truck chassis, special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration and which completed unit is owned by the manufacturer.
218.0101(21) (21)“Motorcycle" has the meaning given in s. 340.01 (32).
218.0101(22) (22)“Motor vehicle" means any motor-driven vehicle required to be registered under ch. 341 except mopeds.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 20 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 11, 2019. Published and certified under s. 35.18. Changes effective after November 11, 2019, are designated by NOTES. (Published 11-11-19)