Trans 138.02(6m) (6m) “Pay-off” means the outstanding balance of any note or loan secured by a lien on a vehicle, or in the case of a leased vehicle, the lease buy out.

Trans 138.02(7) (7) “Perfect or case bound” means a book that is permanently bound by gluing, stitching or both.

Trans 138.02(8) (8) “Privately titled” means a vehicle owned by a person who acquired the vehicle through a bona fide sales transaction in which anything of substantial value was exchanged to acquire ownership of the vehicle for purposes other than lease, rental or resale, and the person is not a motor vehicle manufacturer, final stage manufacturer, converter, distributor, wholesaler, motor vehicle dealer, auction dealer, or leasing or rental company.

Trans 138.02(9) (9) “Retail auctioneer” means a person who for compensation takes possession of a motor vehicle owned by another person, whether through consignment or bailment or any other arrangement, and offers the vehicle for sale to retail buyers by auction.

Trans 138.02(10) (10) “Sell” means to transfer or offer to transfer ownership of a motor vehicle for compensation, whether or not the person executing or offering to execute the transfer owns the vehicle. Selling includes all of the following:

Trans 138.02(10)(a) (a) Displaying, depicting, or describing the vehicle to potential purchasers and indicating by any means that the person is willing to sell the vehicle or accept an order for the vehicle’s future sale or the sale of a similar vehicle.

Trans 138.02(10)(b) (b) Executing or offering to execute a lease with a requirement that the lessee purchase the vehicle.

Trans 138.02(10)(c) (c) Accepting or negotiating an order to purchase a vehicle placed by fax, telephone, the Internet, mail or some other means with a person within this state, if the vehicle purchased as a result of the order is delivered to the purchaser at a location within this state.

Trans 138.02 Note Note: This definition of “selling” includes the activities of consignment dealers, who may display vehicles and negotiate sales on behalf of the vehicles’ owners.

Trans 138.02(11) (11) 

Trans 138.02(11)(a) (a) “Services aiding the sale” of motor vehicles means describing or displaying specific vehicles or representing the conditions under which they are available for sale or lease with an option of purchase to prospective buyers or lessors. These services may include advertising, displaying vehicles, or soliciting bids on vehicles available for sale or lease with an option of purchase.

Trans 138.02(11)(b) (b) The services in par. (a) do not include providing general advice or information to prospective buyers, sellers, lessors, or lessees on issues concerning the buying, selling, or leasing of motor vehicles, provided the information does not include representations of specific vehicles available for sale or lease with an option of purchase.

Trans 138.02(11)(c) (c) The services in par. (a) do not include a financial institution offering, negotiating, or consummating a motor vehicle loan.

Trans 138.02(11m) (11m) “Title” means certificate of title issued by the Wisconsin department of transportation under ch. 342, Stats., or by another state in conformity with its applicable law, as evidence of ownership of a specific vehicle.

Trans 138.02(12) (12) “Titled owner” means the person named as the owner on the face of the most recent certificate of title issued for the vehicle. The term does not include a person named in a reassignment of the title.

Trans 138.02(13) (13) “Used motor vehicle” has the same meaning as in s. Trans 137.03 (9).

Trans 138.02(13m) (13m) “Valid motor vehicle buyer license” means a written authorization issued by the department that authorizes the holder to bid on or to purchase at a motor vehicle auction dealer, to an applicant that meets the requirements under s. Trans 138.0225.

Trans 138.02(13r) (13r) “Motor vehicle buyer” has the meaning provided in s. 218.0101 (22m), Stats.

Trans 138.02(14) (14) “Wholesaler” or “wholesale dealer” means a person, other than a licensed motor vehicle dealer or licensed motor vehicle auction dealer, who does any one of the following:

Trans 138.02(14)(a) (a) Sells more than 5 used motor vehicles in any 12 month period to motor vehicle dealers, other wholesalers, motor vehicle auction dealers or salvage dealers;

Trans 138.02(14)(b) (b) Purchases used motor vehicles at a motor vehicle auction dealer; or,

Trans 138.02(14)(c) (c) Purchases used motor vehicles on behalf of motor vehicle dealers, unless the person buying the vehicles satisfies both the following conditions:

Trans 138.02(14)(c)1. 1. The person is employed by and receives compensation from one and only one dealer for services related to the sale or purchase of motor vehicles; and

Trans 138.02(14)(c)2. 2. The person conducts all financial transactions involving the sale or purchase of motor vehicles in the name of the employing dealer, under the dealer’s supervision, and using the dealer’s funds and financial accounts.

Trans 138.02 History History: Cr. Register, July, 1981, No. 307, eff. 8-1-81; cr. (intro.), (1), (2), (4) to (6) and (8) to (14), renum. (1) and (2) to be (3) and (7), Register, June, 1991, No. 426, eff. 7-1-91; CR 99-135: cr. (2m), (5g), (5r) and (6m), am. (10) Register February 2004 No. 578, eff. 3-1-04; CR 08-029: cr. (11m) Register August 2008 No. 632, eff. 9-1-08; EmR2305: emerg. cr. (13m), eff. 4-21-23; CR 23-014: cr. (13m), (13r) Register April 2024 No. 820, eff. 5-1-24; correction in (13r) made under s. 35.17, Stats., Register April 2024 No. 820.

Trans 138.0225 Trans 138.0225 License requirements.

Trans 138.0225(1) (1) Only persons specified in s. 218.34 (1) (a), Stats., may bid on or purchase motor vehicles at motor vehicle auction dealers. A motor vehicle buyer shall carry his or her license when engaged in business and display the license upon request.

Trans 138.0225(1m) (1m) Applicants for a valid motor vehicle buyer license must be at least 18-years-old and an employee of a licensed motor vehicle dealer, as evidenced by a copy of the sponsoring dealer’s license certificate issued by the appropriate regulatory authority.

Trans 138.0225 Note Note: A person may obtain the motor vehicle buyer’s license application form MV2941 through the department’s website or by contacting the department at the following address: Wisconsin Department of Transportation, Dealer and Agent Section, P.O. Box 7909, Madison WI 52707-7909.