Trans 138.04(2)(2) Wholesaler required records. Motor vehicle wholesalers (used vehicles) shall maintain those books and records included in sub. (1) (a), (d) and (f) for the period specified under sub. (3). The records and books to be maintained are limited to used vehicle record books, invoices, dealer reassignment forms, regular and conforming power of attorney forms, prior owner odometer disclosure statements and wholesaler’s subsequent odometer disclosure statements.

Trans 138.04(3)(3) Retention requirements. The used vehicle information described in sub. (1) (f) shall be maintained for a period of 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 copies of factory invoices, dealer reassignment forms, consignment agreements, purchase contracts, MV1 or MV11 Wisconsin title, registration or license plate applications, Wisconsin buyers guides, regular and conforming power of attorney forms, prior owner odometer disclosure statements, dealer’s subsequent odometer disclosure statements, lessor’s notices to lessees relating to odometer disclosure required at end of lease, and lessee’s odometer disclosure statement completed at end of lease. The records shall be kept in the place of business during business hours and shall be open to inspection and copying by a representative of the department during reasonable business hours. Multi-location dealerships may keep records at a single location. If the location is out of state, the dealerships shall reimburse the department for actual and necessary expenses, plus wages pursuant to the appropriate state compensation plan or applicable labor agreement for examining the documents at that location. The actual and necessary expenses charged include the following:

Trans 138.04 NoteNote: The current Wisconsin Title and License Plate Application forms used by dealers is form MV-11, which may be purchased from motor vehicle dealer form supply companies. MV-1 is used by the general public for this purpose and is available from motor vehicle service centers or on the Internet at http://www.dot.state.wi.us.

Trans 138.04 HistoryHistory: Cr. Register, May, 1966, No. 125, eff. 6-1-66; r. and recr. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.02 and am., Register, July, 1981, No. 307, eff. 8-1-81; am. (1) (c) to (e), Register, December, 1982, No. 324, eff. 1-1-83; am. (intro.) (1) (b) 5. and 6., r. (1) (b) r. and (2), renum. (3) to be (2), Register, October, 1984, No. 346, eff. 11-1-84; am. (1) (b), cr. (1) (b) 7., Register, June, 1991, No. 426, eff. 7-1-91; am. (1) (b) 3., (d), (g) and (2), renum. (1) (f) to be (1) (f) 2., cr. (1) (f) 1. and 3. and (h), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-135: am. (intro.), (1) (intro.), (a), (b) (intro.), (e) and (2), renum. (1) (b) 1. to 7. and (g) to be (1) (b) 1. a. to g. and (3) and am. (1) (b) 1. g. and (3), cr. (1) (b) 2., Register February 2004 No. 578, eff. 3-1-04; correction in (1) (h) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 08-029: am. (1) (a) and (3) Register August 2008 No. 632, eff. 9-1-08.

Trans 138.05(1)(1) For each vehicle offered for sale, either require the consigning dealer deposit clear title or furnish title insurance at time of sale.

Trans 138.05(2)(2) Prominently display the selling dealer’s name and address, and state in which the vehicle is titled, on each vehicle offered for sale, prior to each vehicle entering the auction sale building. Recommended methods are either affixing the information on the side window by grease pencil, or entering the information on a card plainly visible through either the windshield or side window.

Trans 138.05(3)(3) Maintain a copy of the signed title for each vehicle sold.

Trans 138.05(4)(4) For each motor vehicle sold at an auction sale, establish and maintain for 5 years those records as required under s. Trans 154.12 (3) as authorized under s. 342.157, Stats.

Trans 138.05(5)(5) Rescind the vehicle sale transaction if unable to furnish clear title to the purchasing dealer within 14 days following date of sale, if so requested by the purchasing dealer.

Trans 138.05(6)(6) Required records shall be kept in the place of business during business hours and shall be open to inspection and copying by a representative of the department during reasonable business hours.

Trans 138.05 HistoryHistory: Cr. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.03 and am. Register, July, 1981, No. 307, eff. 8-1-81; am. (5), Register, June, 1991, No. 426, eff. 7-1-91; am. (3), r. and recr. (4), cr. (6), Register, January, 1996, No. 481, eff. 2-1-96; CR 99-135: am. (5) Register February 2004 No. 578, eff. 3-1-04; 2013 Wis. Act 363: am. (3) Register May 2014 No. 701, eff. 6-1-14.

Trans 138.06(1)(1) An exterior business sign in compliance with s. 100.18 (5), Stats. The sign shall state the name of the licensee, as shown on the department license and any other name under which the licensee does business as a motor vehicle dealer, wholesaler or auction dealer. The sign shall have lettering a minimum of 4 inches high, unless smaller dimensions are required in order to comply with a local zoning or sign ordinance.

Trans 138.06(2)(2) A sign posted on or adjacent to the entrance door describing the dealer’s business hours.

Trans 138.06 HistoryHistory: Cr. Register, May, 1966, No. 125, eff. 6-1-66; renum. from MVD 13.03 and am. Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.04, Register, July, 1981, No. 307, eff. 8-1-81; am. Register, October, 1984, No. 346, eff. 11-1-84; am. (intro.), cr. (1), (2), Register, June, 1991, No. 426, eff. 7-1-91.