Chapter Trans 142

Trans 142.04(2)(g) (g) Clearly state whether or not the contract is subject to the purchaser obtaining acceptable financing through the dealer or at the creditor of the purchaser’s choice, and how long the purchaser has to obtain financing. If the purchaser is unable to obtain acceptable financing, the purchaser may cancel the contract without penalty and shall, by the close of the dealer’s next business day, receive a full refund of any down-payment, and return of the trade-in, or title for the trade-in, or both. The licensee may delay returning the down-payment beyond the close of the dealer’s next business day only when the purchaser’s personal check or other negotiable instrument has not cleared the payor’s bank. If the check or other negotiable instrument clears, the licensee shall return, in person or by mail, the down-payment to the purchaser within 24 hours of receiving evidence of clearance. If the trade-in has been sold, the purchaser shall receive the trade-in allowance specified in the offer.

Trans 142.04(2)(h) (h) Specify all other negotiated conditions of the sale not stated elsewhere on the contract.

Trans 142.04(3) (3) Termination of the offer.

Trans 142.04(3)(a) (a) Unless otherwise specified in the contract, the offer to purchase is automatically voided if the licensee fails to accept or reject the offer by the close of the dealer’s next business day.

Trans 142.04(3)(b) (b) The licensee shall not sell the recreational vehicle to any other party until either the offer is rejected by the licensee, or the offer is voided in accordance with this section, or the purchaser cancels the contract in accordance with sub. (4).

Trans 142.04(3)(c) (c) Any down payment, deposit, or title shall be returned to the prospective retail purchaser within 2 working hours from the time the offer to purchase is rejected by the licensee. If the prospective purchaser is not present or available during the 2 hour period, those items shall be returned in person or mailed by the close of the dealer’s next business day.

Trans 142.04(4) (4) Penalties for cancellation by purchaser.

Trans 142.04(4)(a) (a) The purchase contract shall clearly state that cancellation of a recreational vehicle contract by a purchaser within 24 hours after acceptance by the dealer may subject the purchaser to a penalty of up to 2% of the cash price of the recreational vehicle and that cancellation of the recreational vehicle contract by the purchaser after the 24 hour period may subject the purchaser to penalty of up to 5% of the cash price of the recreational vehicle. Modification of the purchase contract shall not extend the 24 hour period. Documented proof of notification of cancellation is required regardless of the method of notification.

Trans 142.04(4)(b) (b) The title and any down-payment or deposit which is not retained by the dealer as a penalty in accordance with par. (a) shall be returned to the purchaser by the close of the dealer’s next business day following receipt of the purchaser’s notice of cancellation.

Trans 142.04(5) (5) Price changes. Any increase in price to a retail purchaser after the dealer has accepted an offer is an unfair practice and prohibited except when the price increase is due to:

Trans 142.04(5)(a) (a) The addition of new equipment as required by state or federal law, or

Trans 142.04(5)(b) (b) State or federal tax rate changes, or

Trans 142.04(5)(c) (c) The reappraisal of a trade-in unit which has suffered damage as defined in this chapter or is missing parts or accessories which were part of the trade-in unit at the time the purchase contract was executed. Reappraisal by the licensee shall be limited to an amount equal to the retail repair costs of damages incurred, or to the value of the parts or accessories removed.

Trans 142.04(5)(d) (d) The reappraisal of a trade-in unit when the model year or dimensions of the trade-in unit were misrepresented by the purchaser. Reappraisal by the licensee shall be limited to the difference between the fair market value of the trade-in unit and the trade in allowance specified on the purchase contract.

Trans 142.04(6) (6) Warranties.

Trans 142.04(6)(a) (a) Reference to any warranties, service agreements, or warranty disclaimers which apply to the recreational vehicle shall be made on the purchase contract.

Trans 142.04(6)(b) (b) If a recreational vehicle is sold with a warranty, the warranty shall be in writing and shall be provided to the purchaser at the time the recreational vehicle is delivered.

Trans 142.04(6)(c) (c) If a recreational vehicle is sold on an as is - no warranty basis, the purchase contract shall include the following statement in bold faced type: “AS IS—NO WARRANTY”—“EXCEPT FOR ANY EXPRESSED OR IMPLIED WARRANTY BY THE MANUFACTURER OR OTHER THIRD PARTY WHICH EXISTS ON THIS RECREATIONAL VEHICLE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RECREATIONAL VEHICLE IS WITH THE PURCHASER, AND SHOULD THE RECREATIONAL VEHICLE PROVE DEFECTIVE FOLLOWING THE PURCHASE, THE PURCHASER SHALL ASSUME THE ENTIRE COST OF ALL SERVICING AND REPAIR.”

Trans 142.04(6)(d) (d) A warrantor shall service or repair a recreational vehicle in accordance with the terms and conditions of the warranty or service agreement.

Trans 142.04(8) (8) Waiver. The use of a recreational vehicle purchase contract which requires the purchaser to waive any claims the purchaser may have for breach of contract by the licensee is an unfair practice and prohibited.

Trans 142.04 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; 2017 Wis. Act 59: r. (7) Register October 2017 No. 742, eff. 9-23-17.

Trans 142.05 Trans 142.05 Consignment agreements.

Trans 142.05(1) (1) Usage and contents. Whenever a recreational vehicle dealer offers for sale a recreational vehicle on consignment, a written consignment agreement shall be completed and shall include:

Trans 142.05(1)(a) (a) The date of the consignment agreement,

Trans 142.05(1)(b) (b) The name of the recreational vehicle owner and dealer, and any other parties to the agreement,

Trans 142.05(1)(c) (c) The description of the recreational vehicle including year, make, and identification number,

Trans 142.05(1)(d) (d) The terms of the agreement including the duration of the agreement, the selling price, the amount of the sales commission or fee, and when the sales commission or fee is to be paid,

Trans 142.05(1)(e) (e) A statement by the owner indicating that either the recreational vehicle is clear of any liens, or the amount of any outstanding lien balance, and

Trans 142.05(1)(f) (f) Signatures of the recreational vehicle owner and selling dealer.

Trans 142.05 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Trans 142.06 Trans 142.06 Disclosure of the condition of the recreational vehicle.

Trans 142.06(1) (1) Model year designation. Changing the model year of a recreational vehicle is an unfair practice and prohibited. If no model year is designated, the year of manufacture applies.

Trans 142.06(2) (2) New recreational vehicle disclosure. The licensee shall, on the face of a new recreational vehicle purchase contract, disclose all dealer installed options or accessories and whether or not the options or accessories are warranted.

Trans 142.06(3) (3) Used recreational vehicle general condition disclosure.

Trans 142.06(3)(a) (a) Licensees shall inform prospective retail purchasers of used recreational vehicles in writing before execution of the purchase contract in the manner and on the form prescribed by the department, of all significant structural or mechanical defects and damage. Disclosure of information shall include that which the licensee discovers as a result of a careful visual inspection, which shall consist of but is not limited to a walk-around and interior inspection, under vehicle inspection, roof inspection and an inspection of the appliances. Licensees shall not be required to dismantle any part of the recreational vehicle during the inspection process.

Trans 142.06(3)(b) (b) Unless otherwise agreed to in the purchase contract, the inspection disclosures shall neither create any warranties, expressed or implied, or affect warranty coverage provided for in the purchase contract.

Trans 142.06 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Trans 142.07 Trans 142.07 Dealer facilities and records.

Trans 142.07(1) (1) Dealer business facilities. Business facilities required to be provided and maintained by recreational vehicle dealers are as follows:

Trans 142.07(1)(a) (a) A building with a business office to maintain the books, records and files necessary to conduct business. The required business office may be established within a residence if it is accessible to an outside entrance and is used primarily for conducting the recreational vehicle business.

Trans 142.07(1)(b) (b) If a display lot is provided, it shall be within the same block or directly across the street from the main business location.

Trans 142.07(1)(c) (c) A repair shop, or a service contract with a nearby repair shop, where there are repair tools, repair equipment and personnel to perform the services provided for in a warranty applicable to a recreational vehicle sold by the dealer. Any service contract shall be on the form provided by the department.

Trans 142.07(2) (2) Zoning. The business premises shall comply with the local zoning, building code and permit requirements.

Trans 142.07(3) (3) Sign. Recreational vehicle dealers who carry and display inventory shall provide an exterior business sign in compliance with s. 100.18 (5), Stats.

Trans 142.07(4) (4) Temporary sales locations. Recreational vehicle dealers shall be permitted to display and sell recreational vehicles at a temporary site other than the licensed place of business, providing that:

Trans 142.07(4)(a) (a) Each dealer furnishes the department with written notification of the sale and location at least 10 days in advance; and

Trans 142.07(4)(b) (b) The duration of each sale does not exceed 10 days; and

Trans 142.07(4)(c) (c) The dealer does not participate in more than 6 sales during each licensing (calendar) year; and

Trans 142.07(4)(d) (d) Each participating dealer furnishes each consumer a written notice of the 3-day “cooling off” rights pursuant to s. 423.203, Stats.

Trans 142.07(5) (5) Records kept. The minimum of books and records required to be kept and maintained at the licensed business premises by recreational vehicle dealers under ss. 218.11 (3) and (7) (c) and 342.16 (2), Stats., shall include:

Trans 142.07(5)(a) (a) The title for each used recreational vehicle owned and offered for sale and the manufacturer’s statement of origin for each new recreational vehicle owned and offered for sale. The dealer shall also have either a factory invoice, a completed retailer reassignment form, or a purchase contract evidencing trade-in or purchase when a manufacturer or lending institution is holding the title or manufacturer’s statement of origin of the recreational vehicle.

Trans 142.07(5)(b) (b) A written consignment agreement between the owner and dealer for each recreational vehicle owned by an individual and offered for sale by the dealer.

Trans 142.07(5)(c) (c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of Wisconsin title and registration fees.

Trans 142.07(5)(d) (d)

Trans 142.07(5)(d)1. 1. The following information shall be kept on every recreational vehicle bought, sold, exchanged or consigned:

Trans 142.07(5)(d)1.a. a. Date of acquisition of the vehicle.

Trans 142.07(5)(d)1.b. b. Name and address of the person from whom the vehicle was acquired.

Trans 142.07(5)(d)1.c. c. Whether the vehicle was new or used.

Trans 142.07(5)(d)1.d. d. The year, make and vehicle identification number, or VIN, of the vehicle.

Trans 142.07(5)(d)1.e. e. The date of the disposition of the vehicle.

Trans 142.07(5)(d)1.f. f. The name and address of the person to whom any vehicle was disposed.

Trans 142.07(5)(d)2. 2. Persons requiring a license who do not maintain their records in an electronic data processing record keeping system shall maintain the information required in subd. 1. in a permanently bound book containing consecutively pre-numbered pages with horizontal line ruling. Initial entries shall be made immediately when each recreational vehicle is acquired. Sales information shall be entered on the same line at the time of the sale. All entries shall be consecutively entered in ink and be legible. Blank horizontal lines shall not be allowed. The information should be maintained in the following format:

Trans 142.07(5)(d)3. 3. Persons requiring a license who maintain their records in an electronic data record keeping system shall maintain the information required in subd. 1. in compliance with the following requirements:

Trans 142.07(5)(d)3.a. a. One record shall contain all of the information specified in subd. 1.

Trans 142.07(5)(d)3.b. b. Initial entries shall be made immediately when each recreational vehicle is acquired.

Trans 142.07(5)(d)3.c. c. The information shall be accessible for inspection and shall be retrievable electronically by the date acquired, name of person from whom the vehicle was acquired, VIN, date sold, and name of person to whom the vehicle was disposed.

Trans 142.07(5)(d)3.d. d. All records shall be retrievable during the inspection and a printer shall be kept on site to provide hard copy if requested. Hard copy shall include all information in the same format as specified in subd. 2. Horizontal and vertical lines are not required.

Trans 142.07(5)(d)3.e. e. An employee of the person requiring a license shall be available to retrieve the records during the hours of operation of the business.

Trans 142.07(5)(e) (e) The information as specified in par. (d) shall be maintained for 5 years, as required by s. 342.16, Stats., and all other required records shall be maintained for a period of 5 years from the date of sale, including facsimile copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 and MV11 Wisconsin title and registration applications, used recreational vehicle disclosure labels, regular and conforming power of attorney forms, and for motor vehicles taken in trade, prior owner odometer disclosure statements and dealer’s subsequent odometer disclosure statements. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by the department during reasonable business hours.

Trans 142.07(5)(f) (f) Persons requiring a license who maintain their used vehicle records as specified in par. (d) in an electronic data processing record keeping system can satisfy the record retention requirement in par. (e) with hard copy of their records when memory limitations of the electronic system prohibit electronic storage for the specified period. Hard copy shall meet the following requirements:

Trans 142.07(5)(f)1. 1. Hard copy shall include only those records of vehicles that have been disposed of. Incomplete records of vehicles acquired and still in inventory must be maintained on the electronic system until disposed of and the record is completed.

Trans 142.07(5)(f)2. 2. Hard copy shall include all information in the same format as specified in par. (d) 2. Horizontal and vertical line ruling shall not be required.

Trans 142.07(5)(f)3. 3. Hard copy shall be printed in the order of the date acquired and each report shall contain at least 12 consecutive months of vehicle acquisitions.

Trans 142.07(5)(f)4. 4. Hard copy shall contain system generated page numbers and the current date on every page.

Trans 142.07 Note Note: Dealer financial responsibility requirements are specified in ch. Trans 140.

Trans 142.07 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) (d) to be (5) (d) 2. and am., cr. (5) (d) 1. and 3., (f), am. (5) (e), Register, January, 1996, No. 481, eff. 2-1-96; 2013 Wis. Act 363: am. (5) (c) Register May 2014 No. 701, eff. 6-1-14.