Chapter 218, FINANCE COMPANIES, AUTO DEALERS, ADJUSTMENTCOMPANIES AND COLLECTION AGENCIES

218.0101 Definitions. In ss. 218.0101 to 218.0163, unless the context requires otherwise: (1) “Agreement” means a contract that describes the franchise relationship between manufacturers, distributors, importers and dealers. (2) “Autocycle” has the meaning given in s. 340.01 (3m)…

218.0111 Authority of licensors. (1) The department of transportation shall issue the licenses provided for in s. 218.0114 218.0114 (14) (a) to (fm) and have supervision over the licensees in respect to all of the provisions of ss. 218.0101 to 218.0163, except that the division o…

218.0113 Licenses for dealers, distributors, manufacturers or transporters of semitrailers and trailers. Subject to ch. 180 where applicable, any dealer, distributor, manufacturer or transporter of semitrailers or trailers designed for use in combination with a truck or truck tra…

218.0114 Licenses, how granted; agreements, filing. (1) No motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperson, motor vehicle buyer, or sales finance company may engage in business as a motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperso…

218.0116 Licenses, how denied, suspended or revoked. (1) A license may be denied, suspended or revoked on the following grounds: (a) Proof of unfitness. AUTO DEALERS — FINANCE COMPANIES (am) Making a material misstatement, or knowingly omitting a material fact, in an application …

218.0119 Changes in places of business to be reported. (1) Before changing the location of a place of business or opening a new place of business in a municipality in which authorized to do business, a licensed dealer, distributor, or manufacturer shall apply to the department of…

218.0121 Factory stores. (1m) In this section: (a) “Agent” means a person who is employed by or affiliated with a factory or who directly or through an intermediary is controlled by or under common control of a factory. (b) “Control” means the possession, direct or indirect, of t…

218.0122 Damages to delivered vehicles. (1) A manufacturer, importer or distributor shall disclose in writing to a motor vehicle dealer, at or before delivery to the dealer, any damage and repair to a new motor vehicle occurring after the manufacturing process is complete but bef…

218.0123 Vehicle allocations. No manufacturer, importer or distributor shall adopt, change, establish or implement a plan or system for the allocation, scheduling or delivery of new motor vehicles, parts or accessories to its motor vehicle dealers that is not fair, reasonable and…

218.0124 Performance standards. Any performance standard or program for measuring dealership performance that may have a material effect on a dealer, and the application of any such standard or program by a manufacturer, importer or distributor, shall be fair, reasonable and equi…

218.0125 Warranty reimbursement. (1) In this section: (a) “Dealer cost” means the wholesale cost for a part as listed in the manufacturer’s, importer’s or distributor’s current price schedules or, if the part is not so listed, the dealer’s original invoice cost for the part. (b) …

218.0126 Promotional allowances. A claim made by a franchised motor vehicle dealer for promotional allowances or other incentive payments shall be either approved or disapproved within 30 days after the claim is submitted to the manufacturer, importer or distributor in the manner…

218.0128 Product liability. A manufacturer, importer, or distributor, except a manufacturer, importer, or distributor of motorcycles with respect to a dealer of the manufacturer’s, importer’s, or distributor’s motorcycles, shall defend, indemnify, and hold harmless a dealer again…

218.0131 Family member’s right to succeed deceased or incapacitated dealer under existing franchise agreement. (1) Any designated family member of a deceased or incapacitated dealer shall have the right to succeed the deceased or incapacitated dealer in the ownership or operation…

218.0132 Termination provisions. (1) (a) For purposes of s. 218.0116 (1) (i), the termination, cancellation or discontinuation of a motor vehicle line make will be considered to be the cancellation or failure to renew the franchise of a motor vehicle dealer or distributor of that…

218.0133 Termination benefits. (1) In this section: (a) “Dealership facilities” means that part of a motor vehicle dealer’s place of business that is used to conduct business under an agreement between a grantor and the motor vehicle dealer. (b) “Grantor” means a manufacturer on …

218.0134 Dealership changes. (1) In this section, “affected grantor” means a manufacturer on direct dealerships, a distributor on indirect dealerships or an importer on direct dealerships that has entered into an agreement with a motor vehicle dealer and that is directly affected…

218.0136 Mediation of disputes between licensees. (1) A licensee may not file a complaint or petition with the division of hearings and appeals or bring an action under s. 218.0163 (1), based on an alleged violation of ss. 218.0101 to 218.0163 by any other licensee or under s. 21…

218.0137 Arbitration of disputes between licensees. A manufacturer, importer or distributor and a dealer may agree to submit a dispute arising under a franchise agreement or under ss. 218.0101 to 218.0163 to binding arbitration. Unless agreed otherwise in an agreement that compli…

218.0138 Immunity and presumption of good faith. A mediator or arbitrator is immune from civil liability for any good faith act or omission within the scope of the mediator’s or arbitrator’s performance of his or her powers and duties under s. 218.0136 or the arbitration plan ref…

218.0141 Contract provisions. No contract for the sale of a motor vehicle shall contain a clause which, upon nonacceptance of the vehicle by the buyer, would subject the buyer to a penalty greater than 5 percent of the cash price of the vehicle. History: 1999 a. 31 ss. 254 to 255…

218.0142 Installment sales. (1) Every retail installment sale shall be evidenced by an instrument in writing, which shall contain all the agreements of the parties and shall be signed by the buyer. (2) (a) Prior to or concurrent with any installment sale, the seller shall deliver…

218.0143 Notice of insurance to buyer under installment sales contract. Whenever a person sells or agrees to sell any motor vehicle at retail under a retail installment contract that provides for insurance coverage, or a charge is made for insurance coverage, the seller shall do …

218.0144 Prelease agreements. (1) Every prelease agreement shall be in writing, which shall contain all of the agreements of the parties with respect to entering into a consumer lease and shall be signed by both parties. (2) No prelease agreement shall be binding on a prospective…

218.0145 Prohibited acts. (1) No manufacturer, wholesaler, or distributor, and no officer, agent, or representative of a manufacturer, wholesaler, or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor v…

218.0146 Motor vehicles. (1) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format a…

218.0147 Purchase or lease of motor vehicle by minor. (1) No minor may purchase or lease any motor vehicle unless the minor, at the time of purchase or lease, submits to the seller or lessor a statement verified before a person authorized to administer oaths and made and signed b…

218.0148 Guaranteed asset protection agreements. (1) DEFINITIONS. In this section: (a) “Administrator” means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (b) “Borrower” …

218.0151 Advisory committee. The licensor may appoint annually one or more local advisory committees and one general advisory committee, each consisting of not more than 9 members. The committees upon request of the licensor may advise and assist the licensor in the administratio…

218.0152 Rules and regulations. (1) The licensor shall promote the interests of retail buyers and lessees of motor vehicles relating to default, delinquency, repossession or collection charges and the refund of the finance charge and insurance premium on prepayment of the install…

218.0161 Penalties; reporting violations. (1) Except for s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o) and (om), and except for violations for s. 218.0114 (1), 218.0119, or 218.0147, any person violating ss. 218.0101 to 218.0163 may be required to forfeit no…

218.0162 Commencement of action. Upon the request of the licensor, the department of justice or the district attorney may commence an action in the name of the state to recover a forfeiture under s. 218.0161. An action under s. 218.0161 (1) shall be commenced within 3 years after…

218.0163 Civil damages. (1) Without exhausting any administrative remedy available under an agreement or ss. 218.0101 to 218.0163, except as provided in ss. 218.0116 (7) and (8) and 218.0134, a licensee may recover damages in a court of competent jurisdiction for pecuniary loss, …

218.0171 Repair, replacement and refund under new motor vehicle warranties. (1) In this section: (a) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining alternative transportation. (b) “Consum…

218.0172 Motor vehicle adjustment programs. (1) DEFINITIONS. In this section: (a) “Adjustment program” means an extended policy program under which a manufacturer undertakes to pay for all or any part of the cost of repairing, or to reimburse purchasers for all or any part of the…

218.02 Adjustment service companies. (1) DEFINITIONS. As used in this section: (a) “Adjustment service company,” hereinafter called company, shall mean a corporation, limited liability company, association, partnership or individual engaged as principal in the business of prorati…

218.04 Collection agencies. (1) DEFINITIONS. The following terms, as used in this section, shall have the meaning stated, unless the context requires a different meaning: (a) “Collection agency” means any person engaging in the business of collecting or receiving for payment for …

218.05 Community currency exchanges. (1) DEFINITIONS. As used in this section: (b) “Community currency exchange” means any person, except a bank incorporated under the laws of this state, a federal bank organized pursuant to the laws of the United States, a savings bank organized…

218.10 Definitions. In this subchapter: (1b) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer’s new recr…

218.11 Recreational vehicle dealers, manufacturers, and distributors regulated. (1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the department. (2) (a) Application for …

218.12 Recreational vehicle salespersons regulated. (1) No person may engage in the business of selling recreational vehicles to a consumer or to the retail market in this state without a license therefor from the department. If a dealer acts as a salesperson the dealer shall sec…

218.14 Service fees. (1) A dealer may not assess a purchaser of a recreational vehicle an additional service fee or charge for performing a vehicle inspection or completing a form that is related to the sale of the recreational vehicle and required by law unless the dealer disclo…

218.15 Sale or lease of used recreational vehicles. In the sale or lease of any used recreational vehicle, the sales invoice or lease agreement shall contain the point of manufacture of the used recreational vehicle and the name of the manufacturer. History: 1973 c. 116; 1973 c. …

218.161 Dealer agreement requirement. (1) A manufacturer or distributor may not sell a new recreational vehicle in this state to or through a dealer without having first entered into a written dealer agreement with a dealer that has been signed by both parties. (2) The manufactur…

218.162 Termination of dealer agreement. (1) (a) A manufacturer or distributor, directly or through any officer, agent, or employee, may terminate, cancel, or fail to renew a model, line-make, or entire dealer agreement only with good cause, and, upon renewal, may not require add…

218.163 Transfer of ownership. (1) If a dealer desires to make a change in ownership by the sale of business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 10 business days before the clos- AUTO DEALERS — FINANC…

218.164 Warranty obligation. (1) Each warrantor shall do all of the following: (a) Specify, in writing, to each of the warrantor’s dealers, the dealer’s obligations, if any, for preparation, delivery, and warranty service on the warrantor’s products. (b) Compensate the dealer for…

218.165 Inspection of recreational vehicles. (1) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall…

218.166 Coercion. (1) In this section, “coerce” includes threatening to terminate, cancel, or not renew a dealer agreement without good cause or threatening to withhold product lines or delay product delivery as an inducement to amending the dealer agreement. (2) A manufacturer o…

218.167 Dispute resolution. (1) A dealer, manufacturer, distributor, or warrantor injured by a violation of this subchapter by another dealer, manufacturer, distributor, or warrantor may bring a civil action in circuit court to recover actual damages. The court shall award attorn…