101.952 (title) Mobile Manufactured home salespersons regulated.
53,55
Section
55. 101.952 (1), (2) (a), (3), (5) and (6) of the statutes, as created by
1999 Wisconsin Act 9, are amended to read:
101.952 (1) No person may engage in the business of selling mobile manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a mobile manufactured home dealer acts as a mobile manufactured home salesperson the dealer shall secure a mobile manufactured home salesperson's license in addition to the license for engaging as a mobile manufactured home dealer.
(2) (a) Applications for a mobile
manufactured home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
(3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. The license shall name his or her employer, and, in case of a change of employer, the mobile manufactured home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.
(5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under s. 101.02 (21) (b).
(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile manufactured home sales practices and the regulation of mobile manufactured home salespersons, as far as applicable.
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Section
56. 101.953 (1) (intro.) and (a) to (d), (3) and (4) of the statutes, as created by
1999 Wisconsin Act 9, are amended to read:
101.953 (1) (intro.) A one-year written warranty is required for every new mobile manufactured home sold, or leased to another, by a mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson in this state, and for every new mobile manufactured home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall state all of the following:
(a) That the mobile manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce, which are in effect at the time of the manufacture of the mobile manufactured home.
(b) That the mobile manufactured home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.
(c) 1. That the mobile manufactured home manufacturer and mobile manufactured home dealer shall take corrective action for defects which become evident within one year from the delivery date and as to which the mobile manufactured home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the mobile manufactured home manufacturer and mobile manufactured home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the mobile manufactured home without charge to the mobile manufactured home owner. If the mobile manufactured home dealer makes the adjustment, the mobile manufactured home manufacturer shall fully reimburse the dealer.
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 mobile manufactured home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the mobile manufactured home 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.
(d) That if during any period of time after notification of a defect the mobile manufactured home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period.
(3) The warranty required under this section shall apply to the manufacturer of the mobile manufactured home as well as to the mobile manufactured home dealer who sells or leases the mobile manufactured home to the consumer, and shall be in addition to any other rights and privileges that the consumer 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 void.
(4) The transfer of a mobile manufactured home from one mobile manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent mobile manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original mobile manufactured home owner had not transferred the mobile manufactured home.
101.954 Sale or lease of used mobile manufactured homes. In the sale or lease of any used mobile manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used mobile manufactured home, the name of the manufacturer and the name and address of the previous mobile home owner of the manufactured home.
101.955 (1) The importation of a mobile manufactured home for sale in this state by an out-of-state manufacturer is considered 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 mobile manufactured home into this state.
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Section
59. 101.96 of the statutes is repealed.
101.965 (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home, as defined in s. 101.91 (2e).
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Section
62. 138.056 (1) (bm) of the statutes is created to read:
138.056 (1) (bm) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty.
138.056 (1) (c) "Mobile home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home, as defined in s. 101.91 (2e).
138.09 (7) (jm) 1. b. The loan administration fee is charged for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 101.91 (2e) 138.056 (1) (bm).
196.01 (3n) "Mobile home" has the meaning given in s. 101.91 (2e) for "manufactured home" in s. 101.91 (2).
196.01 (3p) "Mobile home park" means any tract of land containing 2 or more individual plots of land that are rented or offered for rent for the accommodation of a mobile home or manufactured home.
196.01 (3s) "Mobile home park occupant" means a person who rents or owns a mobile home or manufactured home in a mobile home park.
196.26 (1m) Complaint and investigation. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in sub. (1) (a) 1. against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (a) 3., the commission, with or without notice, may investigate the complaint under this section as it deems necessary. If the mobile home park occupants of 25% of the total number of manufactured homes or mobile homes in a mobile home park or the mobile home park occupants of 25 manufactured homes or mobile homes in a mobile home park, whichever is less, files a complaint against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it deems necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
196.85 (2g) The commission shall annually, within 90 days after the commencement of each fiscal year, assess against mobile home park operators the total amount appropriated under s. 20.155 (1) (i). The commission shall assess each mobile home park operator an amount in proportion to the total number of mobile homes and manufactured homes in all mobile home parks owned or managed by the mobile home park operator on July 1 of the current fiscal year as a fraction of the total number of mobile homes and manufactured homes in all mobile home parks in this state on July 1 of the current fiscal year. If necessary, the commission shall adjust the amount assessed to correct any incorrect assessment that was made in a prior fiscal year. A mobile home park operator shall pay the assessment within 30 days after the commission mails the bill to the mobile home park operator. The bill constitutes notice of the assessment and demand for payment. Payments shall be credited to the the appropriation account under s. 20.155 (1) (i).
341.05 (26) (a) Is a mobile home, as defined in s. 101.91 (2e), or a manufactured home, as defined in s. 101.91 (2).
422.201 (12m) This section does not apply to consumer credit sales of or consumer loans secured by a first lien on or equivalent security interest in mobile homes as defined in s. 101.91 (2e) 138.056 (1) (bm), if the sales or loans are made on or after November 1, 1981.
422.209 (1m) (a) 2. The loan administration fee is for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 101.91 (2e) 138.056 (1) (bm).
422.413 (2g) (intro.) In any consumer credit transaction in which the collateral is a motor vehicle as defined in s. 340.01 (35), a trailer as defined in s. 340.01 (71), a snowmobile as defined in s. 340.01 (58a), a boat as defined in s. 30.50 (2), an aircraft as defined in s. 114.002 (3), or a mobile home as defined in s. 101.91 (2e)
138.056 (1) (bm), a writing evidencing the transaction may provide for the creditor's recovery of all of the following expenses, if the expenses are reasonable and bona fide:
53,75
Section
75.
Effective date.
(1) This act takes effect on July 1, 2000.
