218.14(1)(c)2. 2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, that the repair, replacement, substitution or alteration has not restored the primary housing unit to the condition in which it was warranted except for reasonable wear and tear, such failure shall be deemed a violation of the warranty and the primary housing unit shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee notwithstanding that the additional repair may occur after the expiration of the warranty period.
218.14(1)(d) (d) That if during any period of time after notification of a defect, the primary housing unit is uninhabitable, as defined by rule of the department of administration, that period of time shall not be considered part of the one-year warranty period.
218.14(1)(e) (e) A list of all parts and equipment not covered by the warranty.
218.14(2) (2) Action by a lessee to enforce the lessee's rights under this subchapter shall not be grounds for termination of the rental agreement.
218.14(3) (3) The warranty required under this section shall apply to the manufacturer of the primary housing unit as well as to the dealer who sells or leases the primary housing unit to the customer, and shall be in addition to any other rights and privileges which the customer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is unenforceable and void.
218.14(4) (4) The transfer of a primary housing unit from one owner or lessee to another during the effective period of the warranty does not terminate the warranty, and subsequent owners or lessees shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original owner or lessee had not transferred the primary housing unit.
218.14 History History: 1973 c. 116; 1973 c. 132 s. 5; 1973 c. 336; 1991 a. 39, 269, 316; 1995 a. 27, ss. 5973 and 9116 (5).
218.15 218.15 Sale or lease of used primary housing units. In the sale or lease of any used primary housing unit, the sales invoice or lease agreement shall contain the point of manufacture of the used primary housing unit, the name of the manufacturer and the name and address of the previous owner.
218.15 History History: 1973 c. 116; 1973 c. 132 s. 5.
218.16 218.16 Rules. The department of administration shall promulgate rules and establish standards necessary to carry out the purposes of ss. 218.14 and 218.15.
218.16 History History: 1973 c. 116; 1991 a. 39, 269.
218.165 218.165 Jurisdiction and venue over out-of-state manufacturers.
218.165(1)(1) The importation of a primary housing unit for sale in this state by an out-of-state manufacturer is deemed an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such primary housing unit into this state.
218.165(2) (2) The department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.
218.165 History History: 1973 c. 116; 1973 c. 132 s. 5; 1991 a. 316; 1993 a. 213; 1995 a. 27.
218.17 218.17 Penalties.
218.17(1)(1) Any person who violates ss. 218.14 to 218.16, or any rule promulgated under ss. 218.14 to 218.16, may be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
218.17(2) (2) In any court action brought by the licensor for violations of this subchapter, the licensor may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
218.17(3) (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile home manufacturer, dealer or salesperson by an aggrieved customer. If judgment is rendered for the customer based on an act or omission by the manufacturer, 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.
218.17 History History: 1973 c. 116; 1991 a. 39, 269; 1993 a. 490.
218.17 Annotation Sub. (3) allows customer to recover attorney fees when incomplete or no warranty has been tendered, but does not allow recovery for breach of warranty. Lightcap v. Steenberg Homes, Inc. 160 W (2d) 607, 466 NW (2d) 904 (1991).
subch. VII of ch. 218 SUBCHAPTER VII
MOTOR VEHICLE SALVAGE DEALERS
218.20 218.20 Definitions. In this subchapter:
218.20(1) (1) "Department" means the department of transportation.
218.20(1g) (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.
218.20(1r) (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.
218.20(2) (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.
218.20 History History: 1987 a. 351; 1989 a. 31.
218.205 218.205 Motor vehicle salvage dealers to be licensed.
218.205(1)(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 fined not less than $25 nor more than $200 or imprisoned for not more than 60 days or both.
218.205(2) (2) This section shall not apply to:
218.205(2)(a) (a) Motor vehicle dealers licensed under s. 218.01 (2) 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.
218.205(2)(b) (b) Scrap metal processors and portable scrap metal crushers who accept motor vehicles from only:
218.205(2)(b)1. 1. Licensed motor vehicle dealers;
218.205(2)(b)2. 2. Licensed motor vehicle salvage dealers; or
218.205(2)(b)3. 3. Municipalities, all of whom shall submit titles and reports to the department and retain records.
218.205(2)(c) (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.
218.205(2)(d) (d) Collectors of special interest vehicles who purchase or sell parts cars in compliance with s. 341.266.
218.205 History 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.
218.21 218.21 Application for salvage dealer's license.
218.21(1)(1) Application for license shall be made to the department, at such time, in such form and contain such information as the department requires and shall be accompanied by the required fee. Except as provided in sub. (1m), the department may require in the application, or otherwise, information relating to the applicant's solvency, financial standing or other pertinent matter commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, all of which may be considered by the department in determining the fitness of the applicant to engage in business as set forth in this section.
218.21(1m) (1m) The department may not require information relating to the applicant's solvency or financial standing if the applicant provides a bond in the amount provided in sub. (4) and under conditions specified in s. 218.01 (2) (h) 2.
218.21(2) (2) Application for a motor vehicle salvage dealer's license shall be made upon the form prescribed by the department and shall contain:
218.21(2)(a) (a) The name under which the applicant is transacting business within the state.
218.21(2)(b) (b) The place or places where the business is to be conducted, which must be an established place of business.
218.21(2)(c) (c) If the applicant is a sole proprietorship, the personal name and address of the applicant.
218.21(2)(d) (d) If the applicant is a partnership, the name and address of each partner.
218.21(2)(dL) (dL) If the applicant is a limited liability company, the name and address of each member.
218.21(2)(e) (e) If the applicant is a corporation, the names and addresses of its principal officers.
218.21(2)(f) (f) Such other pertinent information as may be required by the department for the purpose of determining the eligibility of the applicant to be licensed.
218.21(3) (3) 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.
218.21(4) (4)
218.21(4)(a)(a) Unless the applicant furnishes a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2., every application shall be accompanied by a current financial statement to determine the applicant's solvency as required under sub. (1). Except as provided in par. (b), this paragraph does not apply to the application of a scrap metal processor.
218.21(4)(b) (b) Paragraph (a) does not preclude the department from requiring an applicant who is a scrap metal processor to provide information relating to the applicant's solvency or financial standing if the applicant does not furnish a bond or other collateral as specified in par. (a) and the department has reasonable cause to believe that the applicant is financially insolvent.
218.21(5) (5)
218.21(5)(a)(a) Except as provided in par. (b), when a motor vehicle salvage dealer has an established place of business in more than one municipality in this state, he or she shall make separate application and submit a separate license fee remittance for each such municipality. A motor vehicle salvage dealer who fails to apply for each such separate license may be required to forfeit not more than $200.
218.21(5)(b) (b) A scrap metal processor with an established place of business in more than one municipality may make a single application listing all places of business to be licensed and pay a single fee for the licensing of the listed places of business.
218.21(6) (6) A bond may be required under conditions as provided by s. 218.01 (2) (h) 2.
218.21(7) (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned not more than 5 years or both.
218.21 Annotation See note to 19.21, citing 66 Atty. Gen. 302.
218.22 218.22 When department to license salvage dealers.
218.22(1)(1) The department shall issue a license to the applicant for a motor vehicle salvage dealer's license upon the receipt of a properly completed application form accompanied by the fee required under sub. (2) (c) or (d), upon being satisfied that the applicant is financially solvent or that the applicant has furnished a bond, or other adequate collateral as security, of not less than $25,000 under conditions provided by s. 218.01 (2) (h) 2., and of good character and:
218.22(1)(a) (a) If the application is for renewal of an existing license, upon being satisfied that the applicant has complied with and will comply with this subchapter;
218.22(1)(b) (b) If the application is for an original license, upon being satisfied that:
218.22(1)(b)1. 1. The applicant will comply with this subchapter; and
218.22(1)(b)2. 2. The proposed site or operation will comply with all laws, the rules promulgated by the department and the locally applicable zoning or permit requirements, before beginning operations, including all laws, rules and local requirements already enacted as promulgated as of the date of application and scheduled to take effect at a later date.
218.22(2) (2)
218.22(2)(a)(a) A motor vehicle salvage dealer's license entitles the licensee to carry on and conduct the business of a motor vehicle salvage dealer during the license period.
218.22(2)(b)1.1. The department shall promulgate rules establishing a license period.
218.22(2)(b)2. 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.22(2)(c) (c) Except as provided in par. (d), the fee for a license issued under this section equals $75 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.
218.22(2)(d) (d) If the department issues a license under this section during the license period, the fee for the license shall equal $75 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under par. (c).
218.22(2m) (2m) License fees collected under this subchapter shall be deposited in the transportation fund.
218.22(3) (3) The department may deny, suspend or revoke a license on any of the following grounds:
218.22(3)(a) (a) Proof of financial insolvency or other unfitness.
218.22(3)(b) (b) Material misstatement in application for license.
218.22(3)(c) (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.22(3)(d) (d) Wilful failure to comply with any provision of this section or any rule promulgated by the department under this section.
218.22(3)(e) (e) Wilfully defrauding any retail buyer to the buyer's damage.
218.22(3)(f) (f) Wilful failure to perform any written agreement with any retail buyer.
218.22(3)(g) (g) Failure or refusal to furnish and keep in force any bond required.
218.22(3)(h) (h) Having made a fraudulent sale, transaction or repossession.
218.22(3)(i) (i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
218.22(3)(j) (j) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts and the redemption and resale of such goods.
218.22(3)(k) (k) Having indulged in any unconscionable practice relating to said business.
218.22(3)(L) (L) Having charged interest in excess of 15 per cent per year.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?