218.101(2)
(2) The department of transportation shall administer this subchapter as it relates to those mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles.
218.101 History
History: 1991 a. 269.
218.11
218.11
Mobile home dealers regulated. 218.11(1)
(1) No person may engage in the business of selling mobile homes to the ultimate consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided.
218.11(2)(a)(a) Application for license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor, accompanied by the license fee required under
par. (c) or
(d).
218.11(2)(am)1.1. In addition to any other information required under
par. (a), an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.
218.11(2)(am)2.
2. The licensor shall deny an application for the issuance or renewal of a license if the information required under
subd. 1. is not included in the application.
218.11(2)(am)3.
3. The licensor may not disclose any information received under
subd. 1. to any person except to the department of industry, labor and job development [department of workforce development] for purposes of administering
s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
218.11 Note
NOTE: The department of industry, labor and job development was changed to the department of workforce development by
1997 Wis. Act 3. Corrective legislation is pending.
218.11(2)(b)1.1. The licensor shall promulgate rules establishing the license period under this section.
218.11(2)(b)2.
2. The licensor may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.11(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $50 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.
218.11(2)(d)
(d) If the licensor issues a license under this section during the license period, the fee for the license shall equal $50 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).
218.11(3)
(3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the licensor, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the licensor.
218.11(5)
(5) A licensee shall conduct the licensed business continuously during the license year.
218.11(5m)
(5m) Any person who shall violate any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
218.11(6)
(6) The licensor may deny, suspend or revoke a license on the following grounds:
218.11(6)(b)
(b) Material misstatement in application for license.
218.11(6)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.11(6)(d)
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor under this section.
218.11(6)(e)
(e) Wilfully defrauding any retail buyer to the buyer's damage.
218.11(6)(f)
(f) Wilful failure to perform any written agreement with any retail buyer.
218.11(6)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
218.11(6)(h)
(h) Having made a fraudulent sale, transaction or repossession.
218.11(6)(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.
218.11(6)(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.
218.11(6)(k)
(k) Having indulged in any unconscionable practice relating to said business.
218.11(6)(m)
(m) Having sold a retail instalment contract to a sales finance company not licensed hereunder.
218.11(6)(n)
(n) Having violated any law relating to the sale, distribution or financing of mobile homes.
218.11(6m)(a)(a) A license under this section shall be denied, restricted, limited or suspended if an applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
218.11(6m)(b)
(b) The licensor shall suspend or revoke a license if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
218.11(7)(a)(a) The licensor may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under
sub. (6m).
218.11(7)(b)
(b) No license may be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under
sub. (6m).
218.11(7)(c)
(c) The licensor may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the licensor, and the licensor may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.12
218.12
Mobile home dealer salespersons regulated. 218.12(1)(1) No person may engage in the business of selling mobile homes to the ultimate consumer or to the retail market in this state without a license therefor from the licensor. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.
218.12(2)(a)(a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor 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 licensor requires.
218.12(2)(am)1.1. The licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.
218.12(2)(am)2.
2. The licensor may not disclose a social security number obtained under
par. (a) to any person except to the department of workforce development for the sole purpose of administering
s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
218.12(2)(b)1.1. The licensor shall promulgate rules establishing the license period under this section.
218.12(2)(b)2.
2. The licensor may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
218.12(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $4 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.
218.12(2)(d)
(d) If the licensor issues a license under this section during the license period, the fee for the license shall equal $4 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).
218.12(3)
(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 salesperson shall immediately mail his or her license to the licensor who shall endorse such change on the license without charge.
218.12(3m)(a)(a) A license shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
218.12(3m)(b)
(b) The licensor shall suspend or revoke a license if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
218.12(5)
(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 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
sub. (3m).
218.12(6)
(6) The provisions of
s. 218.01 (3) (g) and
(5) shall apply to this section, mobile home sales practices and the regulation of travel trailer or mobile home salespersons, as far as applicable.
218.14
218.14
Warranty and disclosure. 218.14(1)
(1) A one-year written warranty is required for every new primary housing unit sold or leased by a mobile home manufacturer, dealer or salesperson in this state, and for every new primary housing unit 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 customer in this state. The warranty shall contain the following terms:
218.14(1)(a)
(a) That the primary housing unit 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 its manufacture.
218.14(1)(b)
(b) That the primary housing unit 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 of administration.
218.14(1)(c)1.1. That the primary housing unit manufacturer and dealer shall take corrective action for defects which become evident within one year from the delivery date and as to which the primary housing unit 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 primary housing unit manufacturer and dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the primary housing unit without charge to the primary housing unit owner. If the dealer makes the adjustment, the manufacturer shall fully reimburse the dealer.
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.
218.15
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.
218.17(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 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).
MOTOR VEHICLE SALVAGE DEALERS
