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

   1. (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,

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

      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.

3. (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. (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

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