Section 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.

Cr. Register, October, 1985, No. 358 , eff. 11-1-85; am. (1), (2) and (4) (b), Register, April, 1994, No. 460 , eff. 5-1-94; CR 01-156 : am. (1), (2), (3) (intro.), (a) and (b), and (4) (intro.) and (b), cr. (1m), (5) and (6), r. (4) (c), Register October 2005 No. 598 , eff. 11-1-05.