Trans 139.03(8) (8) Establishing price. Use of phrases such as “write your own deal,” “name your own price,” “appraise your own vehicle,” and similar phrases is an unfair practice and prohibited.

Trans 139.03(9) (9) Sales.

Trans 139.03(9)(a) (a) Use of phrases such as “last of the remaining,” “close-out,” “final clearance,” “clearance,” and similar phrases when used in reference to used motor vehicles, other than demonstrator and executive vehicles, is an unfair practice and prohibited, unless the dealer licensee is actually discontinuing business.

Trans 139.03(9)(b) (b) Use of phrases such as “last of the remaining,” “close-out,” “final clearance,” “clearance” and similar phrases when used in reference to demonstrator, executive and new motor vehicles is an unfair practice and prohibited, unless the dealer licensee is not replacing the vehicles with similar vehicles of the same model year, or is actually discontinuing business.

Trans 139.03(10) (10) Vehicle availability. It is an unfair practice for a licensee to advertise motor vehicles or types of motor vehicles for sale unless the licensee has available, for delivery within a reasonable time, a quantity of the advertised vehicles sufficient to meet reasonably anticipated demands, unless the advertisement clearly and specifically discloses any limitations as to the quantity available or time of delivery.

Trans 139.03(11) (11) Name and address. Dealer and salesperson licensees are prohibited from advertising motor vehicle sales at an address or from listing a phone number or electronic mail address other than that of either the licensed business premises, or temporary locations as authorized by s. Trans 138.08, except that a licensee may list the phone number or electronic mail address of the licensee’s home in addition to the business phone number and address on a business card. Advertisements shall include the business name.

Trans 139.03(12) (12) New vehicles. Franchised new vehicle dealers, distributors and manufacturers are the only licensees permitted to advertise or sell new vehicles.

Trans 139.03(13) (13) Model year and if used. When advertising any motor vehicle, a dealer or salesperson licensee shall state the vehicle’s model year and, if the vehicle is of the current or previous model year, shall designate the vehicle as used if that is the fact. Reference to “low mileage,” “X-miles,” “one-owner,” “demonstrator,” “executive,” or other words of similar meaning shall serve to designate the vehicle as used. If all vehicles in an advertisement are used, one reference to designate that they are used is sufficient.

Trans 139.03(14) (14) Expiration terms of sales or promotions. Whenever a sale or promotion offering gifts, merchandise, equipment, accessories, service, discounts, price reductions, or cash is advertised, the advertisement shall also specifically disclose the expiration terms or date of the sale or promotion.

Trans 139.03(15) (15) Two or more damaged vehicles. Whenever a promotion or sale involving 2 or more vehicles damaged by the same cause as a result of the same incident is offered by a dealer licensee, all accompanying advertising shall disclose the cause of damage, regardless of the extent of damage.

Trans 139.03(16) (16) Flood or water damaged vehicles. Whenever a dealer licensee offers, promotes the sale of, or sells a flood or water damaged vehicle, all advertising relating to that vehicle shall disclose that the vehicle has been flood or water damaged. Required disclosure of flood or water damage is limited to that which the dealer could find using reasonable care.

Trans 139.03 History History: Cr. Register, March, 1973, No. 207, eff. 4-1-73; am. (5) and (14), Register, June, 1974, No. 222, eff. 7-1-74; am. (2) (a), r. (2) (b), (3) (a) and (8), renum. (9) and (10) to be (8) and (9), (11) and (15) are renum. (10) and (14) and am., renum. (12), (13), (14), (16) and (17) to be (11), (12), (13), (15) and (16), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 24.02 and am., Register, 1982, No. 324, eff. 1-1-83; am. (3) (a), Register, October, 1983, No. 334, eff. 11-1-83; am. (5), (11) and (16), r. (6), Register, May, 1997, No. 497, eff. 9-1-97; CR 02-028: am. (3) (a), Register July 2002 No. 559, eff. 8-1-01; CR 08-029: am. (5) Register August 2008 No. 632, eff. 9-1-08.

Trans 139.035 Trans 139.035 Unfair trade practices.

Trans 139.035(1) (1) For purposes of this section, “bird-dogging” means an arrangement by a dealer or salesperson that provides consideration of any kind to a third party for sales leads, contingent upon a sale of a vehicle.

Trans 139.035 Note Note: Bird-dogging is also known as referral selling.

Trans 139.035(2) (2) Engaging in bird-dogging is an unfair trade practice and is prohibited.

Trans 139.035 History History: CR 08-029: cr. Register August 2008 No. 632, eff. 9-1-08.

Trans 139.04 Trans 139.04 Disclosure of the condition of the motor vehicle.

Trans 139.04(1) (1) Model year designation.

Trans 139.04(1)(a) (a) Changing the model year of a motor vehicle is an unfair practice and prohibited. If no model year is designated, the year of manufacture applies.

Trans 139.04(1)(b) (b) Both the chassis model year when determinable and the finished vehicle model year shall be stated on the Wisconsin buyers guide and the motor vehicle purchase contract if the model year of a motor vehicle chassis is different than the model year of the finished vehicle, as designated by the converter-manufacturer or final stage manufacturer under the provisions of s. Trans 137.06 (5) (a).

Trans 139.04(2) (2) New motor vehicle disclosure.

Trans 139.04(2)(a) (a) The dealer and salesperson licensees shall disclose to the prospective purchaser of any new motor vehicle when any parts, equipment or accessories originally installed have been removed or replaced by a dealer licensee prior to sale, if the replacement items are not of equal quality, and shall disclose all dealer installed options or accessories and whether or not warranted. The disclosures shall be in writing on the face of the motor vehicle purchase contract as required by s. Trans 139.05 (2) (f) and (h).

Trans 139.04(2)(b) (b) Prior to delivery of a new motor vehicle, the dealer licensee shall furnish to the purchaser a copy of the predelivery test and inspection report made pursuant to the manufacturer’s specifications filed under s. 218.0116 (1) (km), Stats. The manufacturer shall file with the department a copy of any amended delivery and preparation obligations of its dealers at least 30 days prior to adoption of changes.

Trans 139.04(3) (3) New motor vehicle window sticker and dealer supplemental price label.

Trans 139.04(3)(a) (a) Manufacturer’s suggested retail price labels shall remain affixed to motor vehicles as required by federal law, until sold and delivered to the ultimate purchaser.

Trans 139.04(3)(b) (b) Any additions to or deletions from items contained on the label in par. (a) shall be identified by both description and retail price on a dealer supplemental price label affixed to the motor vehicle in a clear and conspicuous location. Items to be disclosed on dealer supplemental labels include, but are not limited to, dealer installed optional equipment or accessories, products or services performed by the dealer beyond the manufacturer’s presale delivery obligations, a service fee as allowed by s. Trans 139.05 (8) (a), and final dealer asking price.

Trans 139.04(4) (4) Used motor vehicle general condition disclosure. Dealer and salespersons shall inform prospective retail purchasers of used motor vehicles in writing before purchase contract execution, in the manner and on the form prescribed in sub. (6). This disclosure shall include all significant existing mechanical, electrical and electronic defects and damage and evidence of repair to strut tower, trunk floor pan, frame or structural portion of unibody, including corrective welds. Disclosure of information shall be that which the licensee can find using reasonable care.

Trans 139.04(5) (5) Used motor vehicle equipment requirements and disclosure.