Trans 138.03(6)(6) A motor vehicle dealer who is not located in this state, who accepts vehicle purchase orders or lease agreements placed by fax, telephone, the Internet, mail, or some other remote means from persons within this state, and who delivers vehicles to persons within this state is exempt from the dealer business facilities requirements of sub. (1), provided that the dealer maintains a business office in another jurisdiction at which the books, records and files pertaining to vehicle sales or leases to persons in this state are maintained and the dealer makes these documents available to the department for inspection upon demand. Nothing in this section shall be construed to exempt the dealer from the license requirement of s. 218.0114 (1), Stats.

Trans 138.03 HistoryHistory: Cr. Register, May, 1966, No. 125, eff. 6-1-66; am. (1), r. and recr. (2), r. (3), Register, April, 1977, No. 256, eff. 5-1-77; renum. from MVD 13.01 and r. and recr. Register, July, 1981, No. 307, eff. 8-1-81; emerg. am. (1) (b), eff. 1-13-83; am. (1) (b), r. (2), renum. (3) to be (2), Register, October, 1984, No. 346, eff. 11-1-84; am. (1) (a) 1. and 2., cr. (2) and (3), renum. (1) (c) to be (4), renum. (2) to be (5) and am., Register, June, 1991, No 426, eff. 7-1-91; CR 99-135: cr. (6) Register February 2004 No. 578, eff. 3-1-04; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register February 2004 No. 578; CR 06-135: am. (1) (a) (intro.) and (6), Register August 2007 No. 620, eff. 9-1-07; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23.

Trans 138.04Trans 138.04 Records kept. This section establishes the minimum books and records required to be kept and maintained at the licensed business premises by motor vehicle dealers and used motor vehicle wholesalers under ss. 218.0116 (3) and (5), and 342.16 (2), Stats., and the required retention periods for those records.

Trans 138.04(1)(a)(a) Ownership records. As evidence of ownership, title for each used vehicle owned and offered for sale and manufacturer’s statement of origin, or MSO, for each new vehicle owned and offered for sale. If a manufacturer or lending institution is holding the title or MSO to ensure payment at the time of sale, the dealer shall have for each such vehicle either a factory invoice, a completed dealer reassignment form, or a purchase contract evidencing trade-in or purchase. If the used vehicle is a manufacturer’s buy-back under s. 218.0171, Stats., and the manufacturer holds title to the vehicle, the dealer may have in its possession a copy of the title.

Trans 138.04(1)(b)1.1. Written consignment agreement between owner and dealer for each vehicle not owned by the dealer and offered for sale by the dealer. Consignments between motor vehicle dealers are prohibited. Nor may wholesalers consign vehicles to motor vehicle dealers. Each consignment agreement shall contain:

Trans 138.04(1)(b)1.c.c. Description of vehicle including year, make and identification number, a description of the prior use of the vehicle and an odometer disclosure statement as specified in s. Trans 154.08 (1). The odometer disclosure statement shall be separate from the rest of the consignment agreement;

Trans 138.04(1)(b)1.d.d. Terms of agreement including duration of agreement, agreed upon minimum selling price at which the dealer is authorized to sell the vehicle for the consignee, the agreed disposition of any amount received for the vehicle above the minimum sales price, and the amount of the dealer’s sales commission;

Trans 138.04(1)(b)1.e.e. A statement by the owner that either the vehicle is clear of any liens, or identifying the lienholder and stating the amount of any outstanding lien balance;

Trans 138.04(1)(b)1.g.g. An agreement between the vehicle’s owner and the dealer providing that the dealer will hold the title certificate or a copy of both sides of the original title certificate for inspection by potential purchasers during the period of consignment, and that the title reassignment by the owner portion of the original title certificate will not be signed until the vehicle is actually sold. The agreement shall also provide that if the vehicle is not sold during the duration of the consignment, the dealer will promptly return the title certificate to the owner along with the vehicle.

Trans 138.04(1)(d)(d) Odometer disclosure. Odometer disclosure statement from prior owner and odometer disclosure statement to subsequent purchaser, as required by s. Trans 139.04 (7).

Trans 138.04(1)(e)(e) Contracts. Original or copy of motor vehicle purchase contracts, as required by s. Trans 139.05, purchase orders and invoices. Copy of MV1 or MV11, Wisconsin title, registration or license plate application forms, completed for each vehicle purchaser as additional evidence of sale, and information regarding collection of sales tax and Wisconsin title and registration fees, when applicable. If the contract supersedes any prior offer or contract between the parties, copies of the superseded contract as required by s. Trans 139.05 (1) (a) 2.

Trans 138.04(1)(f)1.1. The following information shall be kept on every used vehicle, including executive and demonstrator vehicles, bought, sold, exchanged or consigned:

Trans 138.04(1)(f)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 purchase entries shall be made immediately as each vehicle is acquired and sales information entered on the same line at subsequent time of sale. All entries shall be consecutively entered in ink and be legible. No blank horizontal lines shall be allowed. Vertical dividing lines shall be provided, and may be manually drawn, to divide the following information as shown: