218.05(14)(c)1.1. The division may investigate the business and examine the books, accounts and records of a licensee at any time. For that purpose, the division shall have free access to the offices and places of business and to the books, accounts and records of a licensee. The division may examine any person under oath or affirmation whose testimony the division requires relative to the licensee. An employee of the division may administer an oath or affirmation to a person called as a witness. An employee of the division may conduct the examination.
218.05(14)(c)2.
2. The division shall determine the cost of an examination. A licensee shall pay the cost of an examination within 30 days after the division demands payment.
RECREATIONAL VEHICLE DEALERS
218.10
218.10
Definitions. In this subchapter:
218.10(1g)
(1g) "Dealer", unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in a recreational vehicle or who is engaged wholly or in part in the business of selling recreational vehicles, whether or not the recreational vehicles are owned by the person, but does not include:
218.10(1g)(a)
(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.
218.10(1g)(b)
(b) Any public officer while performing that officer's official duty.
218.10(1g)(e)
(e) A person transferring a recreational vehicle registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
218.10(1m)
(1m) "Department" means the department of transportation, unless the context requires otherwise.
218.10(1x)
(1x) "Manufacturer" means any person within or without this state who manufactures or assembles recreational vehicles for sale in this state.
218.10(7)
(7) "New recreational vehicle" means a recreational vehicle which has never been occupied, used or sold for personal or business use.
218.10(8t)
(8t) "Salesperson", unless the context requires otherwise, means any person who is employed by a manufacturer or dealer to sell or lease recreational vehicles.
218.10(9)
(9) "Used recreational vehicle" means a recreational vehicle which has previously been occupied, used or sold for personal or business use.
218.10 Annotation
The definition of "manufactured home" under s. 101.91 is inapplicable to determining whether a person is a mobile home dealer under this section. State v. Edlebeck,
196 Wis. 2d 744,
539 N.W.2d 469 (Ct. App. 1995).
218.11
218.11
Recreational vehicle dealers regulated. 218.11(1)
(1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the department.
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) and except as provided in
subd. 4., 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 department 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 department of commerce may not disclose any information received under
subd. 1. to any person except to the 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(2)(am)4.
4. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
218.11(2)(b)1.1. The department shall promulgate rules establishing the license period under this section.
218.11(2)(b)2.
2. The department 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 department 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 department, 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 department.
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 department 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 department 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 recreational vehicles.
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 department 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 division of hearings and appeals, as defined in
s. 218.01 (1) (gm) [
s. 218.0101 (9)], to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under
sub. (6m).
218.11 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
218.11(7)(b)
(b) No license may be suspended or revoked except after a hearing thereon. The department 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 department, 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 shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under
sub. (6m).
218.11(7)(c)
(c) The department 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 department and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
218.12
218.12
Recreational vehicle salespersons regulated. 218.12(1)(1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state without a license therefor from the department. If a dealer acts as a salesperson the dealer shall secure a salesperson's license in addition to the license for engaging as a dealer.
218.12(2)(a)(a) Applications for a 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). Except as provided in
par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
218.12(2)(am)1.1. Except as provided in
subd. 3., the department 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 department of commerce 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)(am)3.
3. If an applicant does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
218.12(2)(b)1.1. The department shall promulgate rules establishing the license period under this section.
218.12(2)(b)2.
2. The department 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 department 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 department, which 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. 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a 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
ss. 218.0116 (9) and
218.0152 shall apply to this section, recreational vehicle sales practices and the regulation of recreational vehicle salespersons, as far as applicable.
218.15
218.15
Sale or lease of used recreational vehicles. In the sale or lease of any used recreational vehicle, the sales invoice or lease agreement shall contain the point of manufacture of the used recreational vehicle, 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;
1999 a. 9.
218.17(2)(2) In any court action brought by the department for violations of this subchapter, the department 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 an aggrieved customer from bringing a civil action against a dealer or salesperson. If judgment is rendered for the customer based on an act or omission by the 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 Wis. 2d 607,
466 N.W.2d 904 (1991).
