AB1112,16,87 (f) Require the dealer to make warranties to customers in any manner related
8to the manufacture of the recreational vehicle.
AB1112,16,9 9(9) No dealer may do any of the following:
AB1112,16,1110 (a) Fail to perform predelivery inspection functions, as specified by the
11warrantor, in a competent and timely manner.
AB1112,16,1512 (b) Fail to perform warranty service work authorized by the warrantor in a
13reasonably competent and timely manner on any transient customer's vehicle of the
14same line-make unless the dealer determines that the customer is acting in a
15manner detrimental to its business.
AB1112,16,1716 (c) Fail to track actual time expended to perform warranty work not governed
17by time allowances in the schedule of compensation under sub. (1) (c).
AB1112,16,1818 (d) Claim an agency relationship with the warrantor or manufacturer.
AB1112,16,1919 (e) Misrepresent the terms of any warranty.
AB1112,16,21 20(10) Notwithstanding the terms of any dealer agreement, all of the following
21apply:
AB1112,17,522 (a) A warrantor shall indemnify, defend, and hold harmless its dealer against
23any losses or damages to the extent such losses or damages are caused by the
24negligence or willful misconduct of the warrantor. A dealer may not be denied
25indemnification or a defense for failing to discover, disclose, or remedy a defect in the

1design or manufacturing of the recreational vehicle. A dealer shall provide to the
2warrantor a copy of any suit in which allegations are made under this section within
310 days after receiving the suit. This paragraph shall continue to apply even after
4the recreational vehicle is titled. Indemnification shall include court costs,
5reasonable attorney fees, and expert witness fees incurred by the dealer.
AB1112,17,126 (b) A dealer shall indemnify, defend, and hold harmless its warrantor against
7any losses or damages to the extent such losses or damages are caused by the
8negligence or willful misconduct of the dealer. The warrantor shall provide to the
9dealer a copy of any suit in which allegations are made under this section within 10
10days after receiving the suit. This paragraph shall continue to apply even after the
11recreational vehicle is titled. Indemnification must include court costs, reasonable
12attorney fees, and expert witness fees incurred by the warrantor.
AB1112,22 13Section 22. 218.165 of the statutes is created to read:
AB1112,17,19 14218.165 Inspection of recreational vehicles. (1) Whenever a new
15recreational vehicle is damaged prior to transit to the dealer or is damaged in transit
16to the dealer when the carrier or means of transportation has been selected by the
17manufacturer or distributor, the dealer shall notify the manufacturer or distributor
18of the damage within the time frame specified in the dealer agreement and do any
19of the following:
AB1112,17,2120 (a) Request from the manufacturer or distributor authorization to replace the
21components, parts, and accessories damaged or otherwise correct the damage.
AB1112,17,2222 (b) Reject the vehicle within the time frame set forth in sub. (4).
AB1112,18,2 23(2) If a manufacturer or distributor refuses or fails to authorize repair of
24damage described under sub. (1) within 10 days after receipt of notification under

1sub. (1) or if the dealer rejects the recreational vehicle because of damage, ownership
2of the new recreational vehicle reverts to the manufacturer or distributor.
AB1112,18,5 3(3) A dealer shall exercise due care in custody of a damaged recreational
4vehicle, but the dealer shall have no other obligations, financial or otherwise, with
5respect to that recreational vehicle.
AB1112,18,8 6(4) The time frame for inspection and rejection by the dealer shall be part of
7the dealer agreement and may not be less than 2 business days after the physical
8delivery of the recreational vehicle.
AB1112,23 9Section 23. 218.166 of the statutes is created to read:
AB1112,18,13 10218.166 Coercion. (1) In this section, “coerce” includes threatening to
11terminate, cancel, or not renew a dealer agreement without good cause or
12threatening to withhold product lines or delay product delivery as an inducement to
13amending the dealer agreement.
AB1112,18,15 14(2) A manufacturer or distributor may not coerce or attempt to coerce a dealer
15to do any of the following:
AB1112,18,1616 (a) Purchase a product that the dealer did not order.
AB1112,18,1717 (b) Enter into an agreement with the manufacturer or distributor.
AB1112,18,1818 (c) Take any action that is unfair or unreasonable to the dealer.
AB1112,18,2119 (d) Enter into an agreement that requires the dealer to submit its disputes to
20binding arbitration or otherwise waive rights or responsibilities provided under this
21subchapter.
AB1112,18,2322 (e) Forego exercising a right authorized by a dealer agreement or any law
23governing the manufacturer-dealer relationship.
AB1112,18,25 24(3) A dealer bears the burden of proof regarding the prohibited acts described
25in sub. (2).
AB1112,24
1Section 24. 218.167 of the statutes is created to read:
AB1112,19,9 2218.167 Dispute resolution. (1) A dealer, manufacturer, distributor, or
3warrantor injured by a violation of this subchapter by another dealer, manufacturer,
4distributor, or warrantor may bring a civil action in circuit court to recover actual
5damages. The court shall award attorney fees and costs to the prevailing party in
6an action under this section. Venue for any civil action authorized by this section
7shall be exclusively in the county in which the dealership is located. In an action
8involving more than one dealer, venue may be in any county in which a dealer who
9is party to the action is located.
AB1112,19,12 10(2) (a) Before bringing suit under this section, the party bringing suit for an
11alleged violation shall serve a written demand for mediation upon the offending
12party. This paragraph does not apply to a proceeding for injunctive relief.