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.
218.01(1)(qm)
(qm) "Prelease agreement" means an agreement to enter into a consumer lease whereby the motor vehicle will be available and ready to be delivered to the prospective lessee at a later time.
218.01(1)(r)
(r) "Relevant market area" means all of the area within a 10-mile radius of the site of an existing enfranchised motor vehicle dealership or the area of sales responsibility assigned to the existing enfranchised dealership by the manufacturer, factory branch or distributor, whichever is greater.
218.01(1)(s)
(s) "Retail buyer" means a person, firm or corporation, other than a motor vehicle manufacturer, distributor or dealer, buying or agreeing to buy one or more motor vehicles from a motor vehicle dealer.
218.01(1)(t)
(t) "Retail instalment contract" or "instalment contract" means and includes every contract to sell one or more motor vehicles at retail, in which the price thereof is payable in one or more instalments over a period of time and in which the seller has either retained title to the goods or has taken or retained a security interest in the goods under a form of contract designated either as a conditional sale, chattel mortgage or otherwise.
218.01(1)(u)
(u) "Retail seller" means a person, firm or corporation selling or agreeing to sell one or more motor vehicles under a retail instalment contract to a buyer for the latter's personal use or consumption thereof.
218.01(1)(v)
(v) "Sales finance company" means and includes any person, firm or corporation engaging in the business, in whole or in part, of acquiring by purchase or by loan on the security thereof, or otherwise, retail instalment contracts or consumer leases from retail sellers or lessors in this state, including any motor vehicle dealer who sells or leases any motor vehicle on an instalment contract or consumer lease or acquires any retail instalment contracts in the dealer's retail sales or leases of motor vehicles.
218.01(1)(w)
(w) "Secretary" means the secretary of transportation.
218.01(1)(x)
(x) "Service outlet" means a facility at which a manufacturer, importer or distributor has authorized the performance of work to rectify a manufacturer's, importer's or distributor's product or warranty defects or delivery and preparation obligations or has authorized the use of 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 in connection with a service facility.
218.01(1)(xm)
(xm) "Special order" means an order against a person.
218.01(1a)
(1a) Authority of licensors. The department of transportation shall issue the licenses provided for in
sub. (2) (d) 1. to
6. and have supervision over the licensees thereunder in respect to all the provisions of this section, except only as to such matters as relate to the sale of motor vehicles on retail instalment contracts and the financing and servicing of such contracts and as to such matters as relate to prelease agreements under
sub. (6x) and consumer leases under
chs. 421 to
427 and
429, over which matter the division of banking shall have jurisdiction and control, and the division of banking shall issue the licenses to sales finance companies. Either licensor hereunder shall, upon request, furnish the other licensor with any information it may have in respect to any licensee or applicant for license or any transaction in which such licensee or applicant may be a party or be interested. No license shall be issued under
sub. (2) (d) 1. and
8. until both licensors have approved the application. The suspension or revocation of either of such licenses shall automatically likewise suspend or revoke the other license; and such suspension or revocation shall be certified by the licensor ordering it to the other licensor.
218.01(1b)
(1b) Licenses for dealers, distributors, manufacturers or transporters of semitrailers and trailers. Subject to
ch. 180 where applicable, any dealer, distributor, manufacturer or transporter of semitrailers or trailers designed for use in combination with a truck or truck tractor is deemed licensed under this section where for purposes of
chs. 341 and
342 license under this section is required. This subsection is enacted to remove an undue burden on interstate commerce from a class of commercial transactions in which the business character of the parties does not require the protection provided by this section and to promote the expansion of credit for truck operators who require banking and financing facilities throughout the United States.
218.01(2)
(2) Licenses, how granted; agreements, filing. 218.01(2)(a)(a) No motor vehicle dealer, motor vehicle salesperson or sales finance company shall engage in business as such in this state without a license therefor as provided in this section. If any motor vehicle dealer acts as a motor vehicle salesperson, he or she shall secure a motor vehicle salesperson's license in addition to a license for motor vehicle dealer. Every motor vehicle dealer shall be responsible for the licensing of every motor vehicle salesperson in his or her employ.
218.01(2)(am)
(am) No manufacturer, importer or distributor shall engage in business as such in this state without a license therefor as provided in this section.
218.01(2)(an)
(an) No factory representative or distributor representative shall engage in business as such in this state without a license therefor as provided in this section.
218.01(2)(b)
(b) Application for license shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fees. An applicant for a sales finance company license, other than a motor vehicle dealer, shall pay to the division of banking a nonrefundable $300 investigation fee in addition to the license fee under
par. (dr). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the division of banking, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required for motor vehicle dealers except as provided in
par. (h) 1. The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section.
218.01(2)(bb)1.1. A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under this section.
218.01(2)(bb)2.
2. A sales finance company or an applicant for a sales finance company license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 issued by a surety company licensed to do business in this state or a federally insured financial institution, as defined in
s. 705.01 (3). The bond or letter of credit shall be payable to the state of Wisconsin for the use of the state and of any person who sustains a loss because of an act of a sales finance company that constitutes grounds for the suspension or revocation of a license under this section.
218.01(2)(bc)
(bc) Except as provided in this subsection every dealer and distributor of new motor vehicles shall, at the time of application for a license, file with the department of transportation a certified copy of the applicant's written agreement and a certificate of appointment as dealer or distributor, respectively. The certificate of appointment shall be signed by an authorized agent of the manufacturer of domestic vehicles on direct manufacturer-dealer agreements; or, where the manufacturer is wholesaling through an appointed distributorship, by an authorized agent of the distributor on indirect distributor-dealer agreements. The certificate shall be signed by an authorized agent of the importer on direct importer-dealer agreements of foreign-made vehicles; or by an authorized agent of the distributor on indirect distributor-dealer agreements. The distributor's certificate of appointment shall be signed by an authorized agent of the manufacturer; or by an agent of the manufacturer or importer of foreign manufactured vehicles.
218.01(2)(bd)1.1. A written agreement need not be filed for each dealer or distributor if the manufacturer on direct dealerships or distributor on indirect dealerships or importer on direct dealerships utilizes the identical basic agreement for all its dealers or distributors in Wisconsin and certifies in the certificate of appointment that such blanket agreement is on file and such written agreement with such dealer or distributor, respectively, is identical with the filed blanket agreement, and has filed with the department of transportation one such agreement together with a list of authorized dealers or distributors. Such manufacturer, distributor or importer shall notify the department of transportation immediately of the appointment of any additional dealers or distributors, of any revisions of or additions to the basic agreement on file, or of any individual dealer or distributor supplements to such agreement. Except as provided in
subd. 1g., the manufacturer, distributor or importer shall notify the dealer or distributor and forward a copy of such notice to the department of transportation of the discontinuation or cancellation of the agreement of any of its dealers or distributors at least 60 days before the effective date thereof together with the specific grounds for discontinuation or cancellation of the agreement, if discontinued or canceled. Agreements and certificates of appointment are deemed to be continuing unless the manufacturer, distributor or importer has notified the department of transportation of the discontinuation or cancellation of the agreement of any of its dealers or distributors, and annual renewal of certifications filed as provided in this subsection is not necessary.
218.01(2)(bd)1g.
1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department of transportation, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department of transportation or the division of hearings and appeals.
218.01(2)(bd)1r.
1r. The notice served upon a motor vehicle dealer under
subds. 1. and
1g. is not effective unless it conspicuously displays the following statement:
NOTICE TO DEALER
YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2) A HEARING BY THE DIVISION OF HEARINGS AND APPEALS IF MEDIATION DOES NOT RESOLVE THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN DEPARTMENT OF TRANSPORTATION, AT.... (insert area code and telephone number).
218.01(2)(bd)2.
2. Any dealer or distributor discontinued or canceled may, on or before the date on which the discontinuation or cancellation becomes effective, file with the department of transportation and division of hearings and appeals and serve upon the respondent a complaint for a determination of unfair discontinuation or cancellation under
sub. (3) (a) 17. Allowing opportunity for an answer, the division of hearings and appeals shall thereafter schedule a hearing on and decide the matter. Agreements and certificates of appointment shall continue in effect until final determination of the issues raised in such complaint. If the complainant prevails he or she shall have a cause of action against the defendant for reasonable expenses and attorney fees incurred by him or her in such matter.
218.01(2)(bd)3.
3. No manufacturers', distributors' or importers' vehicles shall be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles are licensed under
s. 218.01. The obtaining of a license under
s. 218.01 shall conclusively establish that such manufacturer, distributor or importer is doing business in this state and shall subject the licensee to all provisions of the Wisconsin statutes regulating manufacturers, importers and distributors.
218.01(2)(bf)
(bf) Within 60 days after the department of transportation issues a declaratory ruling under
s. 227.41 that an agreement is inconsistent with
par. (bm), a manufacturer, distributor or importer shall remove or revise any provision of the agreement declared to be inconsistent with
par. (bm).
218.01(2)(bm)1.1. Except as provided in
par. (bo), provisions of an agreement which do any of the following are void and prohibited:
218.01(2)(bm)1.a.
a. Waive a remedy or defense available to a distributor or dealer or other provision protecting the interests of a distributor or dealer under this section or under rules promulgated by the department of transportation under this section.
218.01(2)(bm)1.b.
b. Prevent a dealer or distributor from bringing an action in a particular forum otherwise available under the law.
