Section 138.028. Retail auctioneers; limited exemption.

  Notwithstanding s. Trans 138.025 , a retail auctioneer selling motor vehicles may conduct business without a motor vehicle dealer license, provided the retail auctioneer meets all of the following requirements:

(1)  None of the vehicles offered at auction are owned by a motor vehicle dealer, wholesaler, manufacturer, or other licensee under ch. 218 , Stats.

(2)  Each auction is clearly distinct in place and date and meets at least one of the following conditions:

(a) It includes only those vehicles owned by a single person, where person means an individual, household, association, firm, or corporation including its subsidiaries and divisions; or,

(b) The auction includes no more than 3 motor vehicles.

(3)  The auction is not conducted on the permanent business premises of any motor vehicle dealer, wholesaler, wholesale auction dealer, or other person licensed under ch. 218 , Stats.

(4)  The auctioneer does not hold regular or frequent auctions under the conditions described in this section at a single location. Frequent auctions at the same location include, though are not limited to, situations in which 3 or more vehicle auctions are conducted in the same place within 12 months.

History: Cr. Register, June, 1991, No. 426 , eff. 7-1-91.

Note

For example, an auctioneer may not need a dealer license when the auction only involves vehicles owned by one individual, corporation, or other "person." If the auction includes vehicles owned by 2 or more persons, the auctioneer or auction company usually needs a dealer license. The only exception occurs in very small consignment auctions, where no more than 3 vehicles are offered for sale at a single auction. Microsoft Windows NT 6.1.7601 Service Pack 1