218.11218.11 Recreational vehicle dealers, manufacturers, and distributors 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 may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering s. 49.22, to the department of revenue for the sole purpose of requesting certifications under s. 73.0301, and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227. 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 children and families. 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(2)(e)(e) A recreational vehicle dealer or an applicant for a recreational vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $50,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a recreational vehicle dealer that constitutes grounds for the suspension or revocation of a license under sub. (6). 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(4)(a)(a) No manufacturer or distributor may engage in business as a manufacturer or distributor in this state without a license. 218.11(4)(b)(b) No manufacturers’ or distributors’ recreational vehicles may be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles or the distributor on indirect dealerships of either domestic or foreign vehicles are licensed under par. (a). The obtaining of a license under par. (a) shall conclusively establish that a manufacturer or distributor is doing business in this state and shall subject the licensee to all provisions of the Wisconsin statutes regulating manufacturers and distributors. 218.11(5)(5) A licensee shall conduct the licensed business continuously during the license year. 218.11(5m)(5m) Any person who violates any provision of this section may be required to forfeit not less than $25 nor more than $100 for the first offense and may be fined not less than $25 nor more than $100 for a 2nd or subsequent conviction within 3 years. 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) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section. 218.11(6)(e)(e) Willfully defrauding any retail buyer to the buyer’s damage. 218.11(6)(f)(f) Willful 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 installment 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 installment 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 children and families 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(6m)(c)(c) The licensor shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (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. 218.0101 (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(7)(b)(b) The provisions of s. 218.0116 (4) relating to the suspension and revocation of a license apply to the suspension and revocation of the license of a recreational vehicle dealer, manufacturer, or distributor, except that the provisions of s. 218.0116 (4) do not apply to the suspension or revocation of a license under sub. (6m) and that no suspension or revocation under this paragraph may be predicated on conduct related to mileage disclosure. 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. 218.11 Cross-referenceCross-reference: See also chs. Trans 140 and 142, Wis. adm. code. 218.12218.12 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, except as provided in par. (e), 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 may not disclose a social security number obtained under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of revenue for the sole purpose of requesting certifications under s. 73.0301, and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227. 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 children and families. 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 pars. (d) and (e), 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) Except as provided in par. (e), 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(2)(e)(e) No license fee is required under par. (c) or (d) for an individual who is eligible for the veterans fee waiver program under s. 45.44. 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 children and families 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(3m)(c)(c) The licensor shall suspend or revoke a license if the department of workforce development certifies under s. 108.227 that the licensee is liable for delinquent unemployment insurance contributions. A licensee whose license is suspended or revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (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. 218.14(1)(1) A dealer may not assess a purchaser of a recreational vehicle an additional service fee or charge for performing a vehicle inspection or completing a form that is related to the sale of the recreational vehicle and required by law unless the dealer discloses the fee or charge to the purchaser and provides a statement on the purchase or lease contract in substantially the following form: “A service fee or charge is not required by law but may be charged to recreational vehicle purchasers or lessees for services related to compliance with state and federal laws, verifications, and public safety and must be reasonable.” The amount of a service fee or charge assessed by a dealer under this subsection may not be higher than the amount initially disclosed. 218.14(2)(2) Upon request from a purchaser of a recreational vehicle, a dealer shall provide a written list of the services for which a service fee or charge under sub. (1) is assessed. 218.14(3)(3) The department may audit a dealer to determine whether fees or charges assessed by the dealer under sub. (1) are reasonable. 218.14 HistoryHistory: 2017 a. 59. 218.15218.15 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 and the name of the manufacturer. 218.161218.161 Dealer agreement requirement. 218.161(1)(1) A manufacturer or distributor may not sell a new recreational vehicle in this state to or through a dealer without having first entered into a written dealer agreement with a dealer that has been signed by both parties. 218.161(2)(2) The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the dealer agreement and may not change the area of sales responsibility or contract with another dealer for sale of the same model or line-make, as specified in the agreement, in the designated area of sales responsibility during the duration of the agreement. 218.161(3)(3) The terms of the dealer agreement, including the area of sales responsibility, may not be reviewed or changed during the duration of the dealer agreement without the written mutual consent of the parties. The duration of the dealer agreement shall be stated in the dealer agreement. 218.161(4)(4) A dealer may not sell a new recreational vehicle in this state without having first entered into a dealer agreement with a manufacturer or distributor and may not sell outside the area of sales responsibility designated in the agreement under sub. (2). 218.161(5)(5) A manufacturer may not unilaterally issue a policy or procedure that violates or substantially alters a provision of the dealer agreement during the duration of the agreement. 218.161(6)(6) A manufacturer shall distribute new recreational vehicles to its dealers in a fair and equitable manner. If requested, a manufacturer shall provide information on its manner of distribution. 218.161(7)(7) A manufacturer shall provide its dealer with adequate technical data to perform proper service and repairs. 218.161 HistoryHistory: 2023 a. 164. 218.162218.162 Termination of dealer agreement. 218.162(1)(a)(a) A manufacturer or distributor, directly or through any officer, agent, or employee, may terminate, cancel, or fail to renew a model, line-make, or entire dealer agreement only with good cause, and, upon renewal, may not require additional inventory stocking requirements or increased retail sales targets in excess of the market growth in the dealer’s area of sales responsibility. 218.162(1)(b)(b) A manufacturer or distributor has the burden of showing good cause for terminating, canceling, or failing to renew a model, line-make, or dealer agreement with a dealer. For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered: 218.162(1)(b)1.1. The extent of the affected dealer’s penetration in the relevant market area for the relevant model or line-make.
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Chs. 178-226, Partnerships and Corporations; Transportation; Utilities; Banks; Savings Associations
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