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Registration does not decide Chapter 135 coverage
Chapter 135 includes the stated in-state dealership rights to sell/distribute or use a commercial symbol, express/implied and oral/written, with community of interest. This concerns the parties’ shared financial interest in the business relationship; whether it exists depends on the actual arrangement.
Section 135.07 excludes specified motor-vehicle dealers/distributors/wholesalers acting in that capacity, insurance and door-to-door marketing; liquor has separate provisions. Actual operation, not a brand label or federal fee test, determines the inquiry.
Use separate notice and correction tracks
Section 135.03 requires good cause for covered termination, cancellation, nonrenewal and substantial competitive changes, with the grantor—the party granting the dealership rights—bearing the burden.
| Branch | Notice and correction |
|---|---|
| Ordinary section 135.04 | Ninety days’ prior written notice stating all reasons and sixty days to rectify. Timely correction voids the notice. |
| Nonpayment | Written default notice and ten days to remedy from delivery or posting. The cited official jury-instruction comment preserves ninety days’ advance notice while shortening cure. |
| Specified insolvency, assignment for creditors or bankruptcy | Stated notice exceptions require the actual event and applicable conditions. |
Repurchase is limited to qualifying marked resale stock
Under section 135.045, grantor-initiated termination can trigger repurchase at the dealer’s option, at fair wholesale market value, of qualifying inventory sold by the grantor for resale and bearing its identifying mark. A service tool or computer is not eligible merely because it helped run the business.
Section 135.06’s damages, costs/fees and injunction remedies have their own conditions; the provision is not an award prediction.
Scope
- The older official jury instruction is used only for the specific notice explanation alongside current certified statute; no full appellate opinion was independently reviewed.
- Complete community-of-interest case law, arbitration, federal preemption and liquor rules remain outside this guide.
Next step
Confirm dealership coverage and cause, then apply advance notice and correction independently before acting.
Sources & review notes
Wisconsin Legislature
Passage, dates and research notes
primary · 135.02–135.07; actual four-page certified compilation
The burden of proving good cause is on the grantor.
Complete operative chapter read. Certified November 4, 2026, updated through 2025 Wisconsin Act 247 and specified court/board orders. Case annotations are not independently verified opinions and are not presented as case findings. Actual readable official body downloaded and cited operative provisions read; fetch timestamp is separate from substantive verification.
Wisconsin State Law Library / Wisconsin Civil Jury Instructions Committee
Passage, dates and research notes
official-guidance · Complete two-page instruction and comment, especially nonpayment paragraph
at least 90-days' prior written notice
Actual instruction and comment read. The document identifies approval in 2002, revision in 2004 and copyright 2005. It explains the statutory nonpayment distinction: 90-day advance notice and 10-day cure. It cites White Hen Pantry; no complete appellate opinion was retrieved and no independent case history is asserted. Actual readable official body retrieved through public web open; retrieval tool supplies day precision only. Direct HTTP attempt failed. No snippet used.
Detailed rule records (1)
Test Chapter 135 dealership situated in Wisconsin and community-of-interest definitions independently of franchise sales registration. Covered actions require good cause, with burden on grantor; ordinary written notice is 90 days with 60-day rectification. Nonpayment has 10-day cure while 90-day notice remains.
Wisconsin Statutes Chapter 135 — Fair Dealership Law Wisconsin Civil Jury Instruction 2771 — adequate notice by grantorKeep this reading in your learning library.
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