Wis. Admin. Code Department of Transportation Trans 100.17 - Transfer of vehicle ownership
(1) A transfer of
ownership of any motor vehicle that has its registration suspended or revoked
or is subject to suspension or revocation under s.
344.14, Stats., may not be
allowed under any of the following circumstances:
(a) The owner whose registration is
suspended, revoked or subject to suspension continues to have possession of,
use of, or receive any benefit from the operation of the motor
vehicle.
(b) The transferee resides
at the same address as the transferor.
(c) The transferee is unable to prove that
adequate consideration was paid for the motor vehicle.
(1m) The department may not issue a title in
the name of a purported purchaser for a motor vehicle if the transaction is
impermissible under sub. (1).
(2) A
person's registration shall be considered subject to suspension or revocation
under s. 344.14, Stats., when written
notice of a security requirement under s.
344.13, Stats., is issued by the
department.
(3) An application for
transfer of ownership may be accepted and a title may be issued in the name of
the purchaser, when either of the following occur:
(a) The motor vehicle is repossessed by a
person who, pursuant to the terms or conditions of any written instrument, is
given a right of repossession.
(b)
The purchaser does not reside at the same address as the seller and the full
value of the motor vehicle has been paid to the seller. The department may
require proof of payment, an affidavit from the buyer or seller, or other
evidence that the proposed transfer is in good faith.
(4) If the department refuses to acknowledge
an alleged transfer of ownership and to issue a title in the name of the
alleged purchaser, the department shall do all of the following:
(a) Create a new title, without charge, in
the name of the seller and send it to the seller with a letter explaining why
the transfer of ownership was refused.
(b) Return all fees submitted with the
application to the purchaser with an explanation as to why the transfer of
ownership was refused.
(5) If the department issues a title in
violation of s. 344.46, Stats., after it issues
a notice of security requirement under s.
Trans
100.10(1), the department shall
suspend any outstanding title and registration, shall notify the transferee and
transferor of that fact, and shall demand return of the mistakenly issued
title. Upon return of the title to the department, the department shall provide
a duplicate title to the transferor, without fee. A vehicle that is transferred
as a gift, is sold for inadequate consideration, that remains in the possession
of the transferor, that continues to be used by the transferor, or that is
transferred to a spouse, parent, child, spouse's parent, child's spouse, step
parent, step child, or any person residing at the same address as the
transferor, shall be presumed to have been transferred for the purpose or with
the effect of defeating the purpose of ch. 344, Stats.
(6) The department may notify any lien
holders of record or appearing on alleged purchaser's title application of the
department's actions under this section and the reasons for those actions and
may provide copies of any materials sent by the department to the alleged
purchaser or seller.
Notes
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