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 official text

2025 - 2026 LEGISLATURE
LRB-2903/1
KRP&JK:ajk/klm/cjs

2025 ASSEMBLY BILL 549
October 15, 2025 - Introduced by Representatives Behnke, Knodl, Kreibich, Melotik, Mursau, O'Connor, Steffen and Wichgers, cosponsored by Senators Wimberger and Nass. Referred to Committee on Housing and Real Estate.

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 101.9204 (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.

Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the regulation of manufactured home sales by the Department of Safety and Professional Services. Under current law, an application for a certificate of title for a manufactured home must include certain information, including the name and address of the owner and a description of the manufactured home. Under the bill, the application must also include the county in which the manufactured home is situated or intended to be situated. In addition, the bill allows an application, and the accompanying fee, to be submitted to DSPS in an automated format prescribed by DSPS. Under current law, an application for a certificate of title must be delivered directly or mailed to DSPS.
Current law requires DSPS to maintain a record of all applications and all certificates of title issued by DSPS. Under current law, the applications and certificates must be indexed according to title number; alphabetically, according to the name of the owner; and in any other manner determined by DSPS. The bill requires DSPS to make the records publicly available and to additionally index the records by the county in which the manufactured home is situated or intended to be situated. In addition, the bill requires DSPS to maintain and make available to the public a record of each manufactured home community in the state. Each such record must 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.
Under current law, a certificate of title for a manufactured home issued by DSPS must contain the name and address of the owner; the names of any secured parties in the order of priority; the title number assigned to the manufactured home; a description of the manufactured home, including make, model, and identification number; and any other pertinent data, as determined by DSPS. Under the bill, the certificate of title must also contain the address where the manufactured home is situated or intended to be situated. In addition, the description of the manufactured home must include the year of manufacture.
Under current law, no person may engage in the business of selling manufactured homes in this state without first obtaining a license from DSPS. Under the bill, this prohibition is expanded to marketing or listing manufactured homes in this state without first obtaining a license from DSPS.
Finally, the bill requires a licensed seller of a manufactured home to use a written purchase contract for each sale of a manufactured home and provide an exact copy of the purchase contract to the purchaser at the time the purchaser signs the offer to purchase the manufactured home. An exact copy must be provided again after the seller accepts the offer if the offer is accepted at a different time than offered by the purchaser. The bill also provides that, unless otherwise specified in the purchase contract, a purchaser’s offer to purchase a manufactured home is automatically terminated if the seller fails to accept or reject the offer by the close of the business day after the purchaser submits the offer. Under the bill, if a purchaser provides a seller with notice that the purchaser is canceling a purchase contract for a manufactured home, the seller must, no later than the close of the business day after the seller receives the notice, return any title for a trade-in unit provided by the purchaser.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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.
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:
Section 3. 101.91 (4) of the statutes is repealed.
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.
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.
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.
Section 7. 101.9203 (3) of the statutes is repealed.
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.
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:
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.
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.
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.
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.
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.
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.
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.
Section 17. 101.921 (1) (c) of the statutes is repealed.
Section 18. 101.9211 (4) (b) 3. and 4. of the statutes are repealed.
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.
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.
Section 21. 101.9216 (3) and (4) of the statutes are repealed.
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.

Section 23. 101.9221 (3) of the statutes is amended to read: