218.04 Collection agencies.
SUBCHAPTER IV
COMMUNITY CURRENCY EXCHANGES
218.05 Community currency exchanges.
SUBCHAPTER VI
MOBILE HOME DEALERS
218.101 Administering department.
218.11 Mobile home dealers regulated.
218.12 Mobile home dealer salespersons regulated.
218.14 Warranty and disclosure.
218.15 Sale or lease of used primary housing units.
218.165 Jurisdiction and venue over out-of-state manufacturers.
SUBCHAPTER VII
MOTOR VEHICLE SALVAGE DEALERS
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; sale of vehicles by licensee.
218.24 Salvage dealer license number displayed on trucks and truck-tractors.
SUBCHAPTER VIII
MOTOR VEHICLE AUCTION DEALERS
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.
SUBCHAPTER IX
MOPED DEALERS
218.41 Moped dealers regulated.
218.42 Examination by department.
SUBCHAPTER X
MOTOR VEHICLE SALVAGE POOLS
AND BUYER IDENTIFICATION
218.505 Salvage pools to be licensed as wholesalers.
218.51 Buyer identification cards.
218.52 Purchases from motor vehicle salvage pools.
MOTOR VEHICLE DEALERS; SALESPERSONS;
SALES FINANCE COMPANIES
218.01
218.01
Motor vehicle dealers; salespersons; sales finance companies, licenses; fees; regulations; coercion; subsidies; penalties. 218.01(1)
(1)
Definitions. In this section, unless the context otherwise requires, the following words and terms shall have the following meanings:
218.01(1)(a)
(a) "Agreement" means a contract that describes the franchise relationship between manufacturers, distributors, importers and dealers.
218.01(1)(b)
(b) "Cash price" means the retail seller's price in dollars for the sale of the goods, and the transfer of unqualified title thereto, upon payment of such price in cash or the equivalent thereof.
218.01(1)(df)
(df) "Designated family member" includes all of the following:
218.01(1)(df)1.
1. 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.
218.01(1)(df)2.
2. A court-appointed legal representative of an incapacitated owner, including a guardian or conservator.
218.01(1)(df)3.
3. An owner's attorney-in-fact under a valid power of attorney.
218.01(1)(df)4.
4. 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.
218.01(1)(df)5.
5. 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.
218.01(1)(df)6.
6. 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.
218.01(1)(e)
(e) "Distributor" or "wholesaler" means a person, resident or nonresident who in whole or part, sells or distributes motor vehicles to motor vehicle dealers, or who maintains distributor representatives.
218.01(1)(f)
(f) "Distributor branch" means a branch office similarly maintained by a distributor or wholesaler for the same purposes.
218.01(1)(g)
(g) "Distributor representative" means a representative similarly employed by a distributor, distributor branch or wholesaler.
218.01(1)(gm)
(gm) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
218.01(1)(h)
(h) "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.
218.01(1)(i)
(i) "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.
218.01(1)(je)
(je) "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.
218.01(1)(jg)
(jg) "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.
218.01(1)(ji)
(ji) "Lease" or "leasing" means, with respect to a lessor, to enter into or offer to enter into a consumer lease with a lessee.
218.01(1)(jk)
(jk) "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.
218.01(1)(jm)
(jm) "License period" means the period during which a particular type of license described in
sub. (2) (d) is effective, as established by the department of transportation or division of banking under
sub. (2) (cm) 2. or
4.
218.01(1)(k)
(k) "Licensor" means the body, either the division of banking or the department of transportation or both, issuing a license hereunder.
218.01(1)(L)
(L) "Manufacturer" means any person, resident or nonresident who manufactures or assembles motor vehicles or who 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 such manufacturer.
218.01(1)(m)
(m) "Motor vehicle" means any motor-driven vehicle required to be registered under
ch. 341 except mopeds.
218.01(1)(n)
(n) "Motor vehicle dealer" means any person, firm or corporation, not excluded by
par. (o) who:
218.01(1)(n)1.
1. For commission, money or other thing of value, sells, leases, exchanges, buys, offers or attempts to negotiate a sale, consumer lease or exchange of an interest in motor vehicles; or
218.01(1)(n)2.
2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles, whether or not such motor vehicles are owned by such person, firm or corporation.
218.01(1)(o)
(o) The term "motor vehicle dealer" does not include:
218.01(1)(o)1.
1. Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or
218.01(1)(o)2.
2. Public officers while performing their official duties; or
218.01(1)(o)3.
3. Employes of persons, corporations or associations enumerated in
subds. 1. and
2., when engaged in the specific performance of their duties as such employes.
218.01(1)(o)4.
4. Sales finance companies or other loan agencies who sell or offer for sale motor vehicles repossessed or foreclosed by them under terms of an instalment contract, or motor vehicles taken in trade on such repossessions.
218.01(1)(o)5.
5. Sales finance companies when engaged in purchasing or otherwise acquiring consumer leases from a motor vehicle dealer.
218.01(1)(p)
(p) "Motor vehicle salesperson" means sales representative, sales manager, general manager or other person who is employed by a motor vehicle dealer for the purpose of selling or approving retail sales, or leasing or approving consumer leases, of motor vehicles. Any motor vehicle salesperson licensed hereunder shall be licensed to sell or lease only for one dealer at a time.
218.01(1)(pt)
(pt) "Parts outlet" means a facility at which a manufacturer, importer or distributor has authorized the sale of motor vehicle parts or accessories manufactured or distributed by the manufacturer, importer or distributor using a trade name, trademark or service mark also used to designate, make known or distinguish the manufacturer's, importer's or distributor's motor vehicles or dealers.
218.01(1)(q)
(q) "Person" means a person, firm, corporation or association.
