Wisconsin Statutes
Wis. Stat. § 136.01 (2026)
Definitions
✓ current as of July 2026
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136.01(1)(1) “Contractor” means a person who offers for profit a future service contract to a prospective customer, or who enters into a future service contract with a customer, except a cooperative organized under ch. 185 or 193. Such person includes, but is not limited to, an individual, partnership, limited liability company, unincorporated association, or corporation. A “contractor” includes, but is not limited to, buyers clubs, guilds, plans and guides.
136.01(2)(2) “Customer” means an individual who enters into a future service contract. A “prospective customer” means one who is solicited to enter into a future service contract.
136.01(3)(3) “Customer fee” means all money received or contracted for by the contractor from a customer, which is payment for the right to make future purchases of goods and services incidental thereto or to engage in future videotape rental. A payment for purchase of goods or services or for videotape rental which is inflated above the fair market value for the goods or services or videotape is deemed a customer fee in the amount that it is so inflated. A combination payment for the right to make future purchases or engage in future videotape rentals and for specific goods or services or videotapes is deemed a customer fee in the amount that it exceeds the fair market value for the goods or services or videotapes.
136.01(4)(4) “Earned customer fee” means the proportional share of a total customer fee attributable to the months which have elapsed on a future service contract. Such fee is calculated by taking the total customer fee paid or to be paid to entitle the customer to participate in the future service contract, dividing by the total number of months in the contract period, and multiplying by the number of months which have run on the contract. A month is considered to have elapsed on a contract if the 15th day of that month has passed.
136.01(5)(5) “Future service contract” means a contract represented to a customer and offered by any contractor with the primary purpose of providing customers with the right to purchase goods and services incidental thereto or to rent videotapes in the future through such contract, in return for the payment of a customer fee.
136.01(6)(6) “Goods” has the meaning designated in s. 402.105, except that it does not include the unborn young of animals, growing crops and other identified things attached to realty as described in s. 402.107 on goods to be severed from realty.
136.01(7)(7) “Prepayment” means any payment or accumulation of payments over $25 for future service contract rights, or customer fees paid before the rights accrue or the customer fee is earned. It is not a prepayment if a payment for service or goods purchased or videotape rented is made on the same day as the service or goods or the videotape is received.
136.01(8)(8) “Unearned customer fee” means that portion of the fee which is not earned as defined in sub. (4).
136.01(9)(9) “Videotape” means an audiovisual recording of a motion picture or television program for playing through a television set.
136.01 HistoryHistory: 1975 c. 209; 1979 c. 110 s. 60 (10); 1985 a. 324; 1993 a. 112, 490; 2005 a. 441.
Notes of Decisions
Cited in 11
cases, 1924–1996 · leading case: Greenlee v. Rainbow Auction/Realty Co., Inc., 553 N.W.2d 257 (Wis. Ct. App. 1996).
Greenlee v. Rainbow Auction/Realty Co., Inc., 553 N.W.2d 257 (Wis. Ct. App. 1996). “The court concluded this constituted an attempt to negotiate a sale under § 136.”
George Nangen & Co. v. Kenosha Auto Transp. Corp., 238 F. Supp. 157 (E.D. Wis. 1965). “Under its agreement with defendant, plaintiff was to find a buyer willing to purchase defendant’s business on stated terms.”
Chapman Co. v. Serv. Broad. Corp., 187 N.W.2d 794 (Wis. 1971). “It may reasonably be inferred from the language of the contract that the appellant undertook to sell such an entire business, putting its activities squarely within the specific definition of a business opportunity broker, and now denominated as a real estate broker in sec.”
State Ex Rel. Real Est. Examining Bd. v. Gerhardt, 159 N.W.2d 622 (Wis. 1968). “(6) of sec. 136.01, Stats. The mere statement of fact that attorneys are well regulated, trustworthy and knowledgeable about real estate law is not sufficient evidence to overcome the presumption of constitutionality of the classification made by the legislature.”
Gahagan v. Patterson, 316 F. Supp. 1099 (D. Minn. 1970). “estate broker” is as follows: “ ‘Real estate broker’ means any person * * * who: (a) For another, and for commission, money or other thing of value, sells, exchanges, leases or rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental of an interest or…”
Nickoll v. Racine Cloak & Suit Co., 216 N.W. 502 (Wis. 1927). “Sec. 136.01, Stats.; Payne v. Volkman, 183 Wis.”
Schoenfeld v. Silver Moon Springs, Inc., 325 F. Supp. 199 (E.D. Wis. 1971). “” In addition, § 136.01 [now § 452.01, Wis.Stats. (1969)], Wis.”
Lounsbury v. Bethlehem Steel Corp., 53 Misc. 2d 151 (N.Y. City Civ. Ct. 1967). “(Wis. Stat. Ann., § 136.01, subd. [2], par.”
Ireland v. Tomahawk Light, Tel. & Improvement Co., 200 N.W. 642 (Wis. 1924). “The defendant claims that since the plaintiff was not a licensed real-estate broker binder the provisions of sec. 136.01, Stats. 1923, he is not entitled to a commission because the sale in question was a sale of real estate.”
Howard v. Heinig, 210 N.W. 414 (Wis. 1926). “The plaintiff contends that the judgment is erroneous: first, because the interest acquired in a cemetery lot is not an interest or estate in real estate; and second, that if such interest be considered as an interest or estate in real estate, the plaintiff was not a broker…”
State ex rel. Durham Tropical Land Corp. v. Wisconsin Real Est. Brokers Bd., 211 N.W. 292 (Wis. 1927). “The Wisconsin Real Estate Brokers Board was’created in pursuance of sec. 136.01, Stats. Under sub. (11) of said section it is provided that any person desiring to act as a real-estate broker shall file with the board an application for license, in such form as shall be…”
Wis. Stat. § 136.01(2): 2 cases
George Nangen & Co. v. Kenosha Auto Transp. Corp., 238 F. Supp. 157 (E.D. Wis. 1965). “Under its agreement with defendant, plaintiff was to find a buyer willing to purchase defendant’s business on stated terms.”
Schoenfeld v. Silver Moon Springs, Inc., 325 F. Supp. 199 (E.D. Wis. 1971). “” In addition, § 136.01 [now § 452.01, Wis.Stats. (1969)], Wis.”
Wis. Stat. § 136.01(2)(d): 1 case
Greenlee v. Rainbow Auction/Realty Co., Inc., 553 N.W.2d 257 (Wis. Ct. App. 1996). “The court concluded this constituted an attempt to negotiate a sale under § 136.”
Wis. Stat. § 136.01(2)(e): 1 case
Greenlee v. Rainbow Auction/Realty Co., Inc., 553 N.W.2d 257 (Wis. Ct. App. 1996). “The court concluded this constituted an attempt to negotiate a sale under § 136.”
Wis. Stat. § 136.01(6): 1 case
Gahagan v. Patterson, 316 F. Supp. 1099 (D. Minn. 1970). “estate broker” is as follows: “ ‘Real estate broker’ means any person * * * who: (a) For another, and for commission, money or other thing of value, sells, exchanges, leases or rents, or offers or attempts to negotiate a sale, exchange, purchase, or rental of an interest or…”
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