Single Instrument Rule
In your April 19, 1996, letter you have asked if the use of the [Redacted Content] (addendum) along with the "Motor Vehicle Consumer Simple Interest Installment Sale and Security Agreement" (contract) would violate the single instrument rule under Wis. Stat. ss. 422.302(1)(c) and 422.303(1).
If all of the following conditions are met our position would be that the use of the addendum would not be a violation of the above sections.
Both documents are signed by both buyer and seller, and dated, at the same time. For instance, the addendum is not signed on a different day than the contract.
The addendum is conspicuously referenced in the contract.
The documents are physically attached to one another (e.g., stapled).
A copy of both documents are provided to the buyer at time of signing.
A copy of both documents are provided to the assignee.
Documents are clearly identified as part of a single agreement. For instance, a notice on the first page of agreement states, "This agreement contains four pages" or an alternative would be to number each page, "1 of 4", "2 of 4", etc.
Please contact our office if you have additional questions.
Contact Us
Phone: (608) 264-7969
Toll-Free: (800) 452-3328 (in Wisconsin)
Fax: (608) 264-7968
Wisconsin Consumer Act Interpretive Opinion Single Instrument Rule, April 29, 1996, Special Counsel Michael S Rogowski