218.0114(22)
(22) A motor vehicle dealer licensed in accordance with the provisions of ss.
218.0101 to
218.0163 shall make reports to the licensor at such intervals and showing such information as the licensor may require.
218.0114(23)
(23) After the receipt of an application in due form, properly verified and certified, and upon the payment of the $5 examination fee, the secretary, deputy secretary or any salaried employee of the department of transportation designated by the secretary shall, within a reasonable time and in a place reasonably accessible to the applicant for a license, subject each first-time applicant for license and, if the secretary deems necessary, any applicant for renewal of license to a personal written examination as to competency to act as a motor vehicle salesperson. The secretary shall issue to an applicant a resident or nonresident motor vehicle salesperson's license if the application and examination show that the applicant meets all of the following requirements:
218.0114(23)(a)
(a) Intends in good faith to act as a motor vehicle salesperson.
218.0114(23)(c)
(c) Has had experience or training in, or is otherwise qualified for, selling or leasing motor vehicles.
218.0114(23)(d)
(d) Is a resident of this state, unless application is for a nonresident motor vehicle salesperson's license.
218.0114(23)(e)
(e) Is reasonably familiar with the motor vehicle sales or consumer lease laws or contracts that the applicant is proposing to solicit, negotiate or effect.
218.0114(24)(b)
(b) The department may not issue a dealer license under ss.
218.0101 to
218.0163, unless the department has determined that no factory will hold an ownership interest in or operate or control the dealership or that one of the exceptions under s.
218.0121 (3m) applies.
218.0114(24)(d)
(d) If the division of hearings and appeals determines, after a hearing on the matter at the request of the department or any licensee, that a factory holds an ownership interest in a dealership or operates or controls a dealership in violation of s.
218.0121 the division shall order the denial or revocation of the dealership's license.
218.0114 Cross-reference
Cross-reference: See also chs.
DFI-Bkg 76 and
Trans 137,
138. 139, 140, and 144, Wis. adm. code.
218.0114 Annotation
Section 180.847 (1) [now s. 180.1502 (1)], prescribing that no foreign corporation transacting business in the state without a certificate of authority shall be permitted to maintain or defend a civil action until it obtains a certificate of authority, and s. 218.01 (2) (bd) 3. [now s. 218.0114 (2m)]), providing that obtaining a license under the motor vehicle dealers law conclusively establishes that a distributor is doing business in this state, have entirely different purposes and meanings. Nagle Motors v. Volkswagen North Central Distributor, Inc.
51 Wis. 2d 413,
187 N.W.2d 374 (1971).
218.0114 Annotation
A dealer's refusal to sell the manufacturer's products after filing a complaint under s. 218.01 (2) (bd) 2. [now s. 218.0114 (7) (d)] is a violation of that provision, and consequently of s. 218.01 (3) (a) 4. [now s. 218.0116 (1) (bm)], entitling the manufacturer to treble damages under s. 218.01 (9) (am) [now s. 218.0163]. American Suzuki Motor Corp. v. Bill Kummer, Inc.
65 F.3d 1381 (1995).
218.0116
218.0116
Licenses, how denied, suspended or revoked. 218.0116(1)(1)
A license may be denied, suspended or revoked on the following grounds:
218.0116(1)(b)
(b) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
218.0116(1)(c)
(c) Willfully defrauding any retail buyer, lessee or prospective lessee to the buyer's, lessee's or prospective lessee's damage.
218.0116(1)(cm)
(cm) Willful failure to perform any written agreement with any retail buyer, lessee or prospective lessee.
218.0116(1)(d)
(d) Failure or refusal to furnish and keep in force any bond required.
218.0116(1)(dm)
(dm) Having made a fraudulent sale, consumer lease, prelease agreement, transaction or repossession.
218.0116(1)(e)
(e) 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, lessee or prospective lessee.
218.0116(1)(em)
(em) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts or consumer leases and the redemption and resale or subsequent lease of the retaken goods.