Section 553.235. Experienced franchisee exempt transactions.

 

(1)   Conditions of exemption. Except as provided in sub. (2) , a registration exemption is available for the sale of a franchise that meets all of the following conditions:

(a) The immediate cash payment required by the franchisee upon purchase of the franchise is at least $100,000 and does not exceed 20 percent of the franchisee's net worth, excluding the franchisee's principal residence, furnishings and automobiles for personal use.

(b) With respect to each sale in this state, the franchisor reasonably believes immediately before making the sale that the prospective franchisee, either alone or with the prospective franchisee's representative, has sufficient knowledge and experience in the type of business operated under the franchise that the prospective franchisee is capable of evaluating the merits and risks of the prospective franchise investment.

(2)   Exceptions.

(a) The exemption under sub. (1) is not available for the sale of a franchise in which the franchisee would be a motor vehicle dealer or a motor vehicle distributor or wholesaler, as defined in s. 218.0101 .

(b) The division may, by rule or order, withdraw or further condition the availability of the exemption under sub. (1) .

1987 a. 381 ; 1995 a. 27 , 364 ; 1999 a. 31 .