101.921 Transfer to or from dealer.
(1)
(a) Except as provided in par. (b), if a manufactured home dealer acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment, the manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the manufactured home dealer as owner of the manufactured home. Upon transferring the manufactured home to another person, the manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the manufactured home dealer for transmittal to the department when required. Unless the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4), the manufactured home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). A nonresident who purchases a manufactured home from a manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the manufactured home in this state unless the manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The manufactured home dealer is liable for any damages incurred by the department or any secured party for the manufactured home dealer's failure to perfect a security interest that the manufactured home dealer had knowledge of at the time of sale.
(b) Except when all available spaces for a manufactured home dealer's reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a manufactured home dealer who acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment may not apply for a certificate of title naming the manufactured home dealer as owner of the manufactured home.
(c) Unless exempted by rule of the department, a manufactured home dealer who acquires a manufactured home and holds it for resale shall make application for a certificate of title naming the manufactured home dealer as owner of the manufactured home when all of the available spaces for a manufactured home dealer's reassignment on the certificate of title for such manufactured home have been completed.
(2) Every manufactured home dealer shall maintain for 5 years a record of every manufactured home bought, sold or exchanged, or received for sale or exchange. The record shall be open to inspection by a representative of the department or by a peace officer during reasonable business hours. The dealer shall maintain the record in the form prescribed by the department.
(3) Any manufactured home dealer who fails to comply with this section may be required to forfeit not more than $200.
History: 1999 a. 9, 53, 185; 2001 a. 16.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
101.02 - Powers, duties and jurisdiction of department.
101.022 - Certain laws applicable to occupational licenses.
101.023 - Commercial building code council duties.
101.025 - Ventilation requirements for public buildings and places of employment.
101.027 - Energy conservation code for public buildings and places of employment.
101.03 - Testimonial powers of secretary and deputy.
101.05 - Exempt buildings and projects.
101.053 - Recreational and educational camps.
101.055 - Public employee safety and health.
101.11 - Employer's duty to furnish safe employment and place.
101.111 - Excavations; protection of adjoining property and buildings.
101.12 - Approval and inspection of public buildings and places of employment and components.
101.121 - State historic building code.
101.1215 - Abrasive cleaning of historic buildings.
101.125 - Safety glazing in hazardous locations.
101.127 - Building requirements for certain residential facilities.
101.13 - Physically disabled persons; place of employment and public building requirements.
101.132 - Physically disabled persons; housing requirements.
101.135 - Uniform firewall identification.
101.137 - Fire suppression; ozone-depleting substances.
101.14 - Fire inspections, prevention, detection and suppression.
101.141 - Record keeping of fires.
101.1472 - Contractor regulation.
101.149 - Carbon monoxide detectors.
101.15 - Mines, tunnels, quarries and pits.
101.16 - Liquefied petroleum gas.
101.17 - Machines and boilers, safety requirement.
101.175 - Local energy resource systems.
101.178 - Installation and servicing of heating, ventilating and air conditioning equipment.
101.55 - Executive agreements to control sources of radiation.
101.573 - Fire dues distribution.
101.575 - Entitlement to dues.
101.578 - Protection of medical waste incinerator employees.
101.58 - Employees' right to know.
101.581 - Notice requirements.
101.583 - Toxic substance information requirements; employer to employee.
101.585 - Infectious agent information requirements; employer to employee.
101.586 - Pesticide information requirements; employer or agricultural employer to employee.
101.587 - Information requirements; employer or agricultural employer to department.
101.588 - Information collection and maintenance; department.
101.589 - Extended time periods; exceptions.
101.59 - Manufacturer, supplier; requirements.
101.592 - Confidential information.
101.597 - Education and training programs.
101.599 - Remedies; civil forfeitures.
101.62 - Uniform dwelling code council.
101.642 - Certain rules prohibited.
101.647 - Carbon monoxide detectors.
101.651 - Special requirements for smaller municipalities.
101.652 - Manufactured homes; responsibility for compliance.
101.653 - Construction site erosion control.
101.654 - Contractor certification; education.
101.66 - Compliance and penalties.
101.72 - Uniform dwelling code council.
101.743 - Certain rules prohibited.
101.75 - Inspections, insignia and alterations.
101.761 - Certain municipalities excepted.
101.861 - Municipal licensing authority.
101.862 - License or registration required.
101.868 - Requirements for master electricians.
101.87 - Requirements for journeyman electricians.
101.88 - Compliance and penalties.
101.92 - Departmental powers and duties.
101.9202 - Excepted liens and security interests.
101.9203 - When certificate of title required.
101.9204 - Application for certificate of title.
101.9205 - When department to issue certificate and to whom; maintenance of records.
101.9206 - Contents of certificate of title.
101.9207 - Lost, stolen or mutilated certificates.
101.9209 - Transfer of interest in a manufactured home.
101.921 - Transfer to or from dealer.
101.9211 - Involuntary transfers.
101.9212 - When department to issue a new certificate.
101.9213 - Perfection of security interests.
101.9214 - Duties on creation of security interest.
101.9215 - Assignment of security interest.
101.9216 - Release of security interest.
101.9217 - Secured party's and owner's duties.
101.9218 - Applicability of manufactured home security provisions.
101.9219 - Withholding certificate of title; bond.
101.922 - Suspension or revocation of certificate.
101.9221 - Grounds for refusing issuance of certificate of title.
101.9222 - Previously certificated manufactured homes.
101.933 - Manufactured housing code council duties.
101.934 - Manufactured housing rehabilitation and recycling.
101.935 - Manufactured home community regulation.
101.937 - Water and sewer service to manufactured home communities.
101.95 - Manufactured home manufacturers regulated.
101.951 - Manufactured home dealers regulated.
101.952 - Manufactured home salespersons regulated.
101.953 - Warranty and disclosure.
101.954 - Sale or lease of used manufactured homes.
101.955 - Jurisdiction and venue over out-of-state manufacturers.
101.96 - Manufactured home installation regulated.
101.981 - Definitions; modification by rule.
101.982 - Conveyance safety code.
101.983 - Approvals and permits for conveyances required.
101.984 - Licenses and supervision required.
101.985 - Licensing qualifications and procedure.