Wis. Admin. Code Department of Transportation § Trans 138.08 - Temporary sales locations

A motor vehicle dealer shall be permitted to display and sell vehicles at a temporary site other than its licensed place of business, providing that:

(1) Each dealer furnishes the department with written notification of the sale at least 10 days in advance.
(2) The duration of each sale may not exceed 10 business days.
(3) A dealer may not participate in more than 6 sales during each licensing (calendar) year.
(4) Each participating dealer shall furnish each consumer a written notice of the 3-day "cooling off" rights pursuant to s. 423.203, Stats., (The Wisconsin Consumer Act).
(5)
(a) Permanent facilities required. The dealer maintains a permanent facility in this state in the manner required by s. Trans 138.03(1) (a), except as provided in par. (b).

Note: Dealers without permanent facilities in the state may not conduct any sales in this state, including sales at temporary locations, except as provided in s. Trans 138.03(6).

(b) Motor home exemption. The department may exempt a dealer from the facility requirement in par. (a), but not from any other requirement of state law, if the dealer is selling motor homes at a rally or show sponsored by an established state, national or international motor home or camping association with a minimum membership of 100 members. An exemption under this paragraph may not be granted by the department more than once in any 4-year period. Any license issued by the department containing the exemption described in this paragraph shall be limited to one specific event and may not exceed 10 days duration. An exemption granted under this paragraph will not exempt a dealer from geographic sales restrictions contained in a dealer franchise agreement or other private contractual obligation.

Notes

Wis. Admin. Code Department of Transportation § Trans 138.08
Cr. Register, July, 1981, No. 307, eff. 8-1-81; am. (intro.), Register, October, 1984, No. 346, eff. 11-1-84; CR 99-135: am. (2) Register February 2004 No. 578, eff. 3-1-04; CR 06-135: cr. (5), Register August 2007 No. 620, eff. 9-1-07.

All off-premise sales in Wisconsin are limited to 10 days. s. Trans 138.08(2), Stats. All other licensing and permit requirements of state law, including administrative rules issued by the department, apply to a motor home dealer granted an exemption under this paragraph. A Wisconsin dealer having franchise rights in the area in which the show is conducted is not prevented from enforcing those rights by the exemption in par. (b).

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