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Wisconsin Legislature: AB549: Text as Enrolled
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AB549: Text as Enrolled
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Date of enactment:
2025 Assembly Bill 549
Date of publication*:
2025 WISCONSIN ACT
An Act
to repeal
101.91 (4), 101.9203 (3), 101.921 (1) (c), 101.9211 (4) (b) 3. and 4., 101.9216 (3) and (4) and 101.9221 (4);
to amend
101.91 (1j), 101.91 (3) (intro.), 101.91 (9), 101.9203 (1), 101.9203 (2), 101.9205 (2) (intro.), 101.9206 (1) (d), 101.9209 (3), 101.9209 (5) (c), 101.921 (1) (a), 101.921 (1) (b), 101.9212 (title), 101.9217 (2) (a), 101.9221 (3), 101.951 (1) and 101.952 (1);
to create
101.91 (3) (f), 101.9204 (1) (h), 101.9205 (2) (bm), 101.9206 (1) (f), 101.9212 (4), 101.935 (2n) and 101.9525 of the statutes;
relating to:
manufactured home sales and certificates of title and modifying administrative rules of the Department of Safety and Professional Services related to manufactured home purchase contracts.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB549,1
Section
1
.
101.91 (1j) of the statutes is amended to read:
101.91
(1j)
“Installer” means a person who is in the business of installing
new
manufactured homes.
AB549,2
Section
2
.
101.91 (3) (intro.) of the statutes is amended to read:
101.91
(3)
(intro.) “Manufactured home dealer” means a person who, for a commission or other thing of value, sells, exchanges, buys
or
,
rents,
markets for sale or exchange, lists for sale or exchange,
or offers or attempts to negotiate a sale or exchange of an interest in
,
a
manufactured
homes
home
or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include
any of the following
:
AB549,2m
Section
2m
.
101.91 (3) (f) of the statutes is created to read:
101.91
(3)
(f) A person who sells, lists for sale or exchange, or markets for sale or exchange no more than one new or used manufactured home in any calendar year.
AB549,3
Section
3
.
101.91 (4) of the statutes is repealed.
AB549,4
Section
4
.
101.91 (9) of the statutes is amended to read:
101.91
(9)
“Manufactured home salesperson” means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell
, market for sale, list for sale,
or lease manufactured homes.
AB549,5
Section
5
.
101.9203 (1) of the statutes is amended to read:
101.9203
(1)
Except as provided in
subs. (3) and
sub.
(4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for
a
certificate of title under s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.
AB549,6
Section
6
.
101.9203 (2) of the statutes is amended to read:
101.9203
(2)
Any owner who situates in this state a manufactured home for which a certificate of title is required without the certificate of title having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate of title is considered to have been applied for when the application accompanied by the required fee has been delivered to the department
or
,
deposited in the mail properly addressed and with postage prepaid
, or submitted to the department in an automated format prescribed by the department
.
AB549,7
Section
7
.
101.9203 (3) of the statutes is repealed.
AB549,8
Section
8
.
101.9204 (1) (h) of the statutes is created to read:
101.9204
(1)
(h) The county in which the manufactured home is situated or intended to be situated.
AB549,9
Section
9
.
101.9205 (2) (intro.) of the statutes is amended to read:
101.9205
(2)
(intro.) The department shall maintain
and make available to the public
a record of all applications, and all certificates of title issued by the department, indexed in the following manners:
AB549,10
Section
10
.
101.9205 (2) (bm) of the statutes is created to read:
101.9205
(2)
(bm) By county in which the manufactured home is situated or intended to be situated.
AB549,11
Section
11
.
101.9206 (1) (d) of the statutes is amended to read:
101.9206
(1)
(d) A description of the manufactured home, including make, model
and
,
identification number
, and year of manufacture
.
AB549,12
Section
12
.
101.9206 (1) (f) of the statutes is created to read:
101.9206
(1)
(f) The address where the manufactured home is situated or intended to be situated.
AB549,13
Section
13
.
101.9209 (3) of the statutes is amended to read:
101.9209
(3)
A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home to the transferee and has complied with the provisions of this section requiring action by
him or her
the owner
is not liable as owner for any damages thereafter resulting from use of the
mobile
manufactured
home.
AB549,14
Section
14
.
101.9209 (5) (c) of the statutes is amended to read:
101.9209
(5)
(c) A certificate is considered under this subsection to have been applied for when the application accompanied by the required fee has been delivered to the department
or
,
deposited in the mail properly addressed with postage prepaid
, or submitted to the department in an automated format prescribed by the department
.
AB549,15
Section
15
.
101.921 (1) (a) of the statutes is amended to read:
101.921
(1)
(a)
Except as provided in par. (b), if a
A
manufactured home dealer
who
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.
(d)
Upon transferring
the
a
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.
AB549,16
Section
16
.
101.921 (1) (b) of the statutes is amended to read:
101.921
(1)
(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
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.
AB549,17
Section
17
.
101.921 (1) (c) of the statutes is repealed.
AB549,18
Section
18
.
101.9211 (4) (b) 3. and 4. of the statutes are repealed.
AB549,19
Section
19
.
101.9212 (title) of the statutes is amended to read:
101.9212
(title)
When department to issue a new certificate
; records of inactive certificates
.
AB549,20
Section
20
.
101.9212 (4) of the statutes is created to read:
101.9212
(4)
When the department issues a new certificate of title for a manufactured home, the department shall update the records maintained under s. 101.9205 to indicate that any previous certificates of title the department issued for the manufactured home are inactive.
AB549,21
Section
21
.
101.9216 (3) and (4) of the statutes are repealed.
AB549,22
Section
22
.
101.9217 (2) (a) of the statutes is amended to read:
101.9217
(2)
(a) An owner shall promptly deliver the owner’s certificate of title to any secured party who is named on it or who has a security interest in the manufactured home described in it under any other applicable prior law of this state, upon receipt of a notice from
such
the
secured party that the security interest is to be assigned
, extended
or perfected. Any owner who fails to deliver the certificate of title to a secured party requesting it under this paragraph shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.
AB549,23
Section
23
.
101.9221 (3) of the statutes is amended to read:
101.9221
(3)
The applicant is a manufactured home dealer and is prohibited from applying for a certificate of title under s. 101.921 (1)
(a) or
(b).
AB549,24
Section
24
.
101.9221 (4) of the statutes is repealed.
AB549,25
Section
25
.
101.935 (2n) of the statutes is created to read:
101.935
(2n)
The department shall maintain and make available to the public a record of each manufactured home community in the state. Each record shall include the name of the manufactured home community, the name and contact information of the owner of the manufactured home community, and the physical address of the manufactured home community.
AB549,26
Section
26
.
101.951 (1) of the statutes is amended to read:
101.951
(1)
No person may engage in the business of selling
, marketing, or listing
manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
AB549,27
Section
27
.
101.952 (1) of the statutes is amended to read:
101.952
(1)
No person may engage in the business of selling
, marketing, or listing
manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson
,
the
manufactured home
dealer shall secure a manufactured home salesperson’s license in addition to the license for engaging as a manufactured home dealer.
AB549,28
Section
28
.
101.9525 of the statutes is created to read:
101.9525
Purchase contracts for manufactured homes.
(1)
Definitions.
In this section:
(a) “Cash price” means a licensed seller’s asking price, including options and accessories installed by the licensed seller and additional licensed seller markup, profit, and transportation charges, minus the dollar value of cash discounts.
(b) “Licensed seller” means a manufactured home dealer or manufactured home salesperson.
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