Trans 139.04(5)(b) (b) If a vehicle is inoperable in such a manner as to make compliance impossible to determine, or if the dealer licensee does not correct all defects which prohibit its legal operation prior to delivery of the vehicle to a retail purchaser, the dealer and salesperson licensee shall:

Trans 139.04(5)(b)1. 1. Make the following disclosure conspicuously on the face of the motor vehicle purchase contract prior to its execution:

“WARNING!

This vehicle cannot be legally operated on Wisconsin highways and may not be safe.”

Trans 139.04(5)(b)2. 2. Specify for the retail purchaser the defects which are in violation of ch. 347, Stats., and ch. Trans 305 as prescribed in sub. (4) and in this subsection.

Trans 139.04(5)(c) (c) If because of the condition of the vehicle at the time of sale it meets the definition of a junk vehicle or a salvage vehicle, the dealer and salespersons shall make one of the following disclosures conspicuously on the motor vehicle purchase contract prior to its execution:

Trans 139.04(5)(c)1. 1. If the vehicle is a junk vehicle: “WARNING! Sold as junk vehicle. This vehicle may never be retitled.” The dealer shall notate the title as “Junk Vehicle” and forward the title to the department within 10 days after determining that the vehicle is a junk vehicle.

Trans 139.04(5)(c)2. 2. If the vehicle is a salvage vehicle and sold with a salvage title: “WARNING! This is a salvage vehicle and cannot be registered for use on Wisconsin highways until it passes an authorized inspection which requires payment of a fee. Title will be issued with a rebuilt salvage brand.”

Trans 139.04 Note Note: A vehicle previously titled in another jurisdiction as junked, or a substantially similar term as used in that jurisdiction, may not be titled or registered in Wisconsin. s. Trans 149.10 (3).

Trans 139.04 Note The Department may not issue a certificate of title for a vehicle if the certificate of title for the vehicle was inscribed by a person other than a state with the word “JUNKED” or any other notation clearly indicating that the vehicle was junked unless the owner provides an affidavit stating that the inscription on the title was entered in error and the vehicle passes an inspection under s. Trans 149.05. The Department may refuse to issue a title for such a vehicle if it concludes that the vehicle was intended to be junked at the time the title was noted as junk. s. Trans 149.09 (3).

Trans 139.04 Note Note: Only licensed salvage dealers can sell junk vehicles or parts.

Trans 139.04(6) (6) Wisconsin buyers guide.

Trans 139.04(6)(a) (a) Except as provided in pars. (c) and (d), each used motor vehicle displayed or offered for sale by a dealer shall display a guide as prescribed by the department. The guide shall be prepared by an authorized employee of either the dealer, another dealer having the same majority ownership as the dealer, or a predecessor dealer at the same location as the dealer. The guide shall be completed in duplicate and contain the printed names of the vehicle inspector and the records inspector. The dealer or a salesperson, prior to separating the copy for display, shall sign the original guide. Except as provided in par. (d), the copy shall be displayed within the vehicle, attached to a window if possible, shall be readable from the outside of the vehicle, and shall become the possession of the purchaser upon acceptance of delivery. The original shall be signed by the purchaser prior to delivery of the motor vehicle and shall be retained by the dealer for 5 years. The guide shall clearly state in simple and concise language:

Trans 139.04(6)(a)1. 1. That the vehicle is used. All material history, prior use and title brands shall be clearly and specifically disclosed, for example, rebuilt salvage, flood or water damaged, transferred to insurer upon payment of claim, manufacturer buyback, personal use, business use, lease use, rental use, demonstrator, executive, taxicab or public transportation, police vehicle, driver-education or government vehicle, or history and use unknown. All title brands that appear on the existing certificate of title for the vehicle or that will appear on the new certificate of title for the vehicle as required by s. 342.10, Stats., shall be disclosed. The title brand disclosures shall also include any other jurisdiction in which the vehicle has been previously titled. If the vehicle has not been previously titled in another jurisdiction, this disclosure shall specify Wisconsin. Disclosure of history and prior use is not limited to those conditions which require title branding. Required disclosure of the history, prior use and title brands is limited to that which the dealer could find using reasonable care.

Trans 139.04(6)(a)2. 2. The odometer reading at the time the vehicle was obtained by the dealer licensee and a disclosure that either the reading is known to be actual miles, or the reading is not the actual miles, or the reading reflects the amount of mileage in excess of the designed mechanical odometer limit, as corroborated by the prior owner’s odometer disclosure statement available and subsequently shown to the purchaser, in accordance with sub. (7). The window sticker or disclosure label shall further disclose that the name and address of the vehicle’s prior owner are available upon request.

Trans 139.04(6)(a)3. 3. The vehicle price, model year, make, model, identification number, color, engine size, when determinable, for example, 350 cubic inches or 3.8 liter and number of cylinders, and type of transmission, for example, automatic or manual and number of forward gears, and drive type, for example, front wheel drive, rear wheel drive or 4-wheel drive.

Trans 139.04 Note Note: When engine size is not determinable, insert “NA” on the Guide.

Trans 139.04(6)(a)4. 4. The availability or existence of dealer warranties, manufacturer warranties and service contracts in the following language:

- See PDF for table

Vehicle Service Contract may be available for purchase. Ask for price, deductibles, coverages, exclusions and cancellability.”

Trans 139.04(6)(a)4m. 4m. If a motor vehicle dealer proposes to use any language in the buyers guide that differs from that shown in subd. 4., the dealer shall submit the proposed language to the department. The department shall respond to the dealer within 30 days of receiving the proposed language as to whether the dealer may use the proposed language. The dealer may not modify the proposed language prior to receiving approval from the department to use the proposed language.

Trans 139.04(6)(a)5. 5. The inspection disclosures required in subs. (4) and (5). Unless otherwise agreed to in the purchase contract, the inspection disclosures shall neither create any warranties, express or implied, nor affect warranty coverage provided for in the purchase contract. However, it is an unfair practice for a dealer to not remedy an item improperly reported on the guide that the dealer could have found using reasonable care if the buyer has notified the dealer within a reasonable time after the buyer discovered or should have discovered the improperly reported item and the vehicle is made available to the dealership. The dealer shall reasonably remedy or make a good faith effort to reasonably remedy an item improperly reported within 30 days of the buyer’s notification.

Trans 139.04 Note Note: The form prescribed by the Department is the Wisconsin Buyers Guide. A copy of this form is available, at no charge, from the Division of Motor Vehicles, Dealer Section, located in Madison, Wisconsin.

Trans 139.04(6)(b) (b) The Wisconsin buyers guide required by par. (a) shall also include the following information:

Trans 139.04(6)(b)1. 1. All equipment requirements as required by ch. Trans 305 shall be maintained in proper working condition for the vehicle to be operated legally on Wisconsin highways.

Trans 139.04(6)(b)2. 2. Any important consumer information the department identifies as useful to the prospective purchaser, including the department’s administrative code authority, address and phone number.

Trans 139.04(6)(b)3. 3. Written explanations of any detected problems reported in the general condition or equipment requirements areas.

Trans 139.04(6)(c) (c) The written disclosures required by pars. (a) and (b) do not apply to:

Trans 139.04(6)(c)1. 1. A used motor vehicle prior to being displayed or offered for sale, providing a written statement “Not inspected for sale” is conspicuously displayed on each vehicle.