Date of enactment:
2023 Assembly Bill 669 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 342.15 (3); and to create 895.491 of the statutes; relating to: a liability exemption for motor
vehicle sellers after sale.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 342.15 (3) of the statutes is amended to
read:
342.15 (3) Except as provided in s. 342.16 and as
between the parties, a transfer by an owner is not effective
until the provisions of this section have been complied
with. An owner who has delivered possession of the
vehicle to the transferee and has complied with the provi-
sions of this section is not liable as owner for any dam-
ages thereafter resulting from operation of the vehicle.
Nothing in this section limits the immunity from liability
described under s. 895.491.
SECTION 2. 895.491 of the statutes is created to read:
895.491 Liability exemption; vehicle seller after
sale. (1) In this section:
(a) “Motor vehicle” has the meaning given in s.
340.01 (35).
(b) “Motor vehicle dealer” has the meaning given in
s. 218.0101 (23) (a) 2.
(c) “Seller” does not include a motor vehicle dealer
or wholesale dealer.
(d) “Wholesale dealer” has the meaning given in s.
218.0101 (38).
(2) Except as provided under sub. (3), a seller of a
motor vehicle who holds legal title to the motor vehicle
and who has transferred possession of the motor vehicle
to a buyer is immune from civil and criminal liability and
is not responsible for local ordinance violations commit-
ted involving the motor vehicle under any of the follow-
ing circumstances:
(a) The seller has signed the motor vehicle title and
given the title to the buyer.
(b) Regardless of whether full compliance with s.
342.15 has been attained, the buyer and seller intend to
transfer ownership of the motor vehicle to the buyer.
(3) Immunity under this section does not apply if
death or injury was caused by willful or wanton acts or
omissions by the seller.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”