101.94(2)
(2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with
42 USC 5401 to
5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under
42 USC 5401 to
5425.
101.94(3)
(3) Each manufactured home manufacturer shall submit to the department typical construction plans and specifications for review. The department shall, by its own inspectors whether inside or outside this state, perform sufficient inspections of manufacturing premises and manufactured units to ensure compliance with this section. The department may contract for inspection services, as provided in
sub. (4), for inspections outside this state. Each manufactured home, upon final assembly, shall display a label which shall be prescribed by and be available only from the department, or similar agency of other states where units are manufactured, providing reciprocal agreements have been executed and are effective between this state and such other states indicating that the manufactured home meets the requirements of this subchapter or the applicable laws of the state with which a reciprocal agreement has been executed. No manufactured home which bears such label shall be required by any person to comply with any building, plumbing, heating or electrical code or any construction standards other than those promulgated under this section.
101.94(4)
(4) The department shall inspect manufactured homes manufactured in other states to be sold or intended to be sold in this state. For such out-of-state inspections, the department may contract for 3rd party inspection by an inspection agency which has been approved by the department. The department shall monitor inspections conducted by 3rd party inspection agencies to ensure the quality of those inspections. To obtain departmental approval, the inspection agency shall submit an application to the department accompanied by written materials evidencing that the agency is:
101.94(4)(a)
(a) Not under the jurisdiction or control of any manufacturer or supplier of the manufactured home industry.
101.94(4)(b)
(b) Professionally competent to determine that a manufactured home is in compliance with the requirements and standards of this section by having sufficient expertise to do all of the following:
101.94(4)(b)3.
3. Evaluate manufactured home manufacturer quality control procedures.
101.94(4)(b)4.
4. Submit detailed reports regarding all of its findings to the department.
101.94(5)
(5) No manufactured home after once being approved to display the label prescribed shall be altered in any way by a manufacturer, factory branch, distributor, distributor branch, dealer or salesperson without first obtaining an approval from the department or its authorized agent.
101.94(6)
(6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under
s. 101.19.
101.94(7)
(7) The department shall hear and decide petitions brought under this subchapter in the manner provided under
s. 101.02 (6) (e) to
(i) and
(8) for petitions concerning property.
101.94(8)(a)(a) Except as provided in
par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
101.94(8)(b)
(b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
101.94(8)(c)
(c) A person who violates
s. 101.935, a rule promulgated under
s. 101.935 or an order issued under
s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.
101.95
101.95
Manufactured home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state.
101.951
101.951
Manufactured home dealers regulated. 101.951(1)
(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
101.951(2)(a)(a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under
par. (c) or
(d).
101.951(2)(b)1.1. The department shall, by rule, establish the license period under this section.
101.951(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
101.951(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.
101.951(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).
101.951(3)
(3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department.
101.951(5)
(5) A licensee shall conduct the licensed business continuously during the license year.
101.951(6)
(6) The department may deny, suspend or revoke a license on any of the following grounds:
101.951(6)(b)
(b) A material misstatement in the application for the license.
101.951(6)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
101.951(6)(d)
(d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section.
101.951(6)(e)
(e) Willfully defrauding any retail buyer to the buyer's damage.
101.951(6)(f)
(f) Willful failure to perform any written agreement with any retail buyer.
101.951(6)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
101.951(6)(h)
(h) Having made a fraudulent sale, transaction or repossession.
101.951(6)(i)
(i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
101.951(6)(j)
(j) Use of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts and the redemption and resale of such goods.
101.951(6)(k)
(k) Having indulged in any unconscionable practice relating to the business of selling manufactured homes to a consumer or to the retail market.
101.951(6)(n)
(n) Having violated any law relating to the sale, distribution or financing of manufactured homes.
101.951(7)(a)(a) The department of commerce 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 the 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. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under
s. 101.02 (21).
101.951(7)(b)
(b) No license may be suspended or revoked except after a hearing thereon. The department of commerce shall give the licensee at least 5 days' notice of the time and place of the 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 of commerce, 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 department of commerce shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under
s. 101.02 (21).
101.951(7)(c)
(c) The department of commerce 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.
101.951(8)
(8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
101.951 History
History: 1999 a. 9,
53,
185;
2003 a. 321.
101.951 Cross-reference
Cross Reference: See also chs.
Comm 96,
97, and
98, Wis. adm. code.
101.952
101.952
Manufactured home salespersons regulated. 101.952(1)(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson the dealer shall secure a manufactured home salesperson's license in addition to the license for engaging as a manufactured home dealer.
101.952(2)(a)(a) Applications for a 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.
101.952(2)(b)1.1. The department shall, by rule, establish the license period under this section.
101.952(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
101.952(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.
101.952(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).
101.952(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 manufactured home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.
101.952(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 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).
101.952(6)
(6) The provisions of
ss. 218.0116 (9) and
218.0152 shall apply to this section, manufactured home sales practices and the regulation of manufactured home salespersons, as far as applicable.
101.952 History
History: 1999 a. 9,
53,
186.
101.952 Cross-reference
Cross Reference: See also chs.
Comm 96,
97, and
98, Wis. adm. code.
101.953
101.953
Warranty and disclosure. 101.953(1)
(1) A one-year written warranty is required for every new manufactured home sold, or leased to another, by a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson in this state, and for every new 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 contain all of the following:
101.953(1)(a)
(a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce that are in effect at the time of the manufacture of the manufactured home.
101.953(1)(b)
(b) A statement that the 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.
101.953(1)(c)1.1. A statement that the manufactured home manufacturer and manufactured home dealer shall take corrective action for defects that become evident within one year from the delivery date and as to which the 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 manufactured home manufacturer and manufactured home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the manufactured home without charge to the manufactured home owner. If the manufactured home dealer makes the adjustment, the manufactured home manufacturer shall fully reimburse the dealer.
101.953(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, a statement that the repair, replacement, substitution or alteration has not restored the 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 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.
101.953(1)(d)
(d) A statement that if during any period of time after notification of a defect the 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.
101.953(1)(e)
(e) A list of all parts and equipment not covered by the warranty.
101.953(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.
101.953(3)
(3) The warranty required under this section shall apply to the manufacturer of the manufactured home as well as to the manufactured home dealer who sells or leases the 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.
101.953(4)
(4) The transfer of a manufactured home from one manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original manufactured home owner had not transferred the manufactured home.
101.953 History
History: 1999 a. 9,
53,
185.
101.954
101.954
Sale or lease of used manufactured homes. In the sale or lease of any used manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used manufactured home, the name of the manufacturer and the name and address of the previous owner of the manufactured home.
101.954 History
History: 1999 a. 9,
53.
101.955
101.955
Jurisdiction and venue over out-of-state manufacturers. 101.955(1)(1) The importation of a 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 manufactured home into this state.
101.955(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.
101.955 History
History: 1999 a. 9,
53.
101.965(1)(1) Any person who violates
ss. 101.953 to
101.955, or any rule promulgated under
ss. 101.953 to
101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
101.965(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.
101.965(3)
(3) Nothing in this subchapter prohibits the bringing of a civil action against a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the manufactured home manufacturer, manufactured home dealer or manufactured home salesperson, that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
101.965 History
History: 1999 a. 9,
53,
185.
