Current through Reg. 49, No. 38; September 20, 2024
(a) Purchases and
sales records. A dealer and wholesale motor vehicle auction shall maintain a
complete record of all vehicle purchases and sales for a minimum period of 48
months and make the record available for inspection and copying by the
department during business hours.
(b) Independent mobility motor vehicle
dealers. An independent mobility motor vehicle dealer shall keep a complete
written record of each vehicle purchase, vehicle sale, and any adaptive work
performed on each vehicle for a minimum period of 36 months after the date the
adaptive work is performed on the vehicle. An independent mobility motor
vehicle dealer shall also retain and produce for inspection all records
relating to license requirements under Occupations Code, §
2301.002 (17-b) and
all information and records required under Transportation Code §
503.0295.
(c) Location of records. A dealer's record
reflecting purchases and sales for the preceding 13 months must be maintained
at the dealer's licensed location. Original titles are not required to be kept
at the licensed location but must be made available to the agency upon
reasonable request. A dealer's record for prior time periods may be kept
off-site.
(d) Request for records.
Within 15 days of receiving a request from a representative of the department,
a dealer shall deliver a copy of the specified records to the address listed in
the request. If a dealer has a concern about the origin of a records request,
the dealer may verify that request with the department prior to submitting its
records.
(e) Content of records. A
dealer's complete record for each vehicle purchase or vehicle sale must
contain:
(1) the date of the
purchase;
(2) the date of the
sale;
(3) the VIN;
(4) the name and address of the person
selling the vehicle to the dealer;
(5) the name and address of the person
purchasing the vehicle from the dealer;
(6) the name and address of the consignor if
the vehicle is offered for sale by consignment;
(7) except for a purchase or sale where the
Tax Code does not require payment of motor vehicle sales tax, a county tax
assessor-collector receipt marked paid;
(8) a copy of all documents, forms, and
agreements applicable to a particular sale, including a copy of:
(A) the title application;
(B) the work-up sheet;
(C) the front and back of the manufacturer's
certificate of origin or manufacturer's statement of origin, unless the dealer
obtains the title through the electronic title system;
(D) the front and back of the title for the
purchase and the sale, unless the dealer enters or obtains the title through
the electronic title system;
(E)
the factory invoice, if applicable;
(F) the sales contract;
(G) the retail installment
agreement;
(H) the buyer's
order;
(I) the bill of
sale;
(J) any waiver;
(K) any other agreement between the seller
and purchaser;
(L) the purchaser's
photo identification;
(M) the
odometer disclosure statement signed by the buyer, unless the vehicle is
exempt; and
(N) the rebuilt salvage
disclosure, if applicable.
(9) the original manufacturer's certificate
of origin, original manufacturer's statement of origin, or original title for a
new motor vehicle offered for sale by a dealer which must be if the title
transaction is entered into the electronic titling system by the
dealer;
(10) the dealer's monthly
Motor Vehicle Seller Financed Sales Returns, if any; and
(11) if the vehicle sold is a motor home or a
towable recreational vehicle subject to inspection under Transportation Code,
Chapter 548, a copy of the written notice provided to the buyer at the time of
the sale, notifying the buyer that the vehicle is subject to inspection
requirements.
(f) Title
assignments.
(1) For each vehicle a dealer
acquires or offers for sale, the dealer must properly take assignment in the
dealer's name of any:
(A) title;
(B) manufacturer's statement of
origin;
(C) manufacturer's
certificate of origin; or
(D) other
evidence of ownership.
(2) Unless not required by Transportation
Code, §501.0234(b), a dealer must apply in the name of the purchaser of a
vehicle for the title and registration, as applicable, of the vehicle with a
county tax assessor-collector.
(3)
To comply with Transportation Code, §
501.0234(f),
a registration is considered filed within a reasonable time if the registration
is filed within:
(A) 30 days of the date of
sale of the vehicle for a vehicle titled or registered in Texas; or
(B) 45 days of the date of sale of the
vehicle for a dealer-financed transaction involving a vehicle that is titled or
registered in Texas.
(4)
The dealer is required to provide to the purchaser the receipt for the title
and registration application.
(5)
The dealer is required to maintain a copy of the receipt for the title and
registration application in the dealer's sales file.
(g) Out-of-state sales. For a sale involving
a vehicle to be transferred out of state, the dealer must:
(1) within 30 days of the date of sale,
either file the application for certificate of title on behalf of the purchaser
or deliver the properly assigned evidence of ownership to the purchaser;
and
(2) maintain in the dealer's
record at the dealer's licensed location a photocopy of the completed sales tax
exemption form for out of state sales approved by the Texas Comptroller of
Public Accounts.
(h)
Consignment sales. A dealer offering a vehicle for sale by consignment must
have a written consignment agreement or a power of attorney for the vehicle,
and shall, after the sale of the vehicle, take assignment of the vehicle in the
dealer's name and, pursuant to subsection (f), apply in the name of the
purchaser for transfer of title and registration, if the vehicle is to be
registered, with a county tax assessor-collector. The dealer must, for a
minimum of 48 months, maintain a record of each vehicle offered for sale by
consignment, including the VIN and the name of the owner of the vehicle offered
for sale by consignment.
(i) Public
motor vehicle auctions.
(1) A GDN holder that
acts as a public motor vehicle auction must comply with subsection (h) of this
section.
(2) A public motor vehicle
auction:
(A) is not required to take
assignment of title of a vehicle it offers for sale;
(B) must take assignment of title of a
vehicle from a consignor prior to making application for title on behalf of the
buyer; and
(C) must make
application for title on behalf of the purchaser and remit motor vehicle sales
tax within 20 working days of the sale of the vehicle.
(3) A GDN holder may not sell another GDN
holder's vehicle at a public motor vehicle auction.
(j) Wholesale motor vehicle auction records.
A wholesale motor vehicle auction license holder shall maintain, for a minimum
of 48 months, a complete record of each vehicle purchase and sale occurring
through the wholesale motor vehicle auction. The wholesale motor vehicle
auction license holder shall make the record available for inspection and
copying by the department during business hours.
(1) A wholesale motor vehicle auction license
holder shall maintain at the licensed location a record reflecting each
purchase and sale for at least the preceding 24 months. Records for prior time
periods may be kept off-site.
(2)
Within 15 days of receiving a department request, a wholesale motor vehicle
auction license holder shall deliver a copy of the specified records to the
address listed in the request.
(3)
A wholesale motor vehicle auction license holder's complete record of each
vehicle purchase and sale must, at a minimum, contain:
(A) the date of sale;
(B) the VIN;
(C) the name and address of the person
selling the vehicle;
(D) the name
and address of the person purchasing the vehicle;
(E) the dealer's license number of both the
selling dealer and the purchasing dealer, unless either is exempt from holding
a license;
(F) all information
necessary to comply with the federal odometer disclosure requirements in 49 CFR
Part 580;
(G) auction access
documents, including the written authorization and revocation of authorization
for an agent or employee, in accordance with §
215.148 of this title (relating to
Dealer Agents);
(H) invoices, bills
of sale, checks, drafts, or other documents that identify the vehicle, the
parties, or the purchase price;
(I)
any information regarding the prior status of the vehicle such as the
Reacquired Vehicle Disclosure Statement or other lemon law disclosures;
and
(J) a copy of any written
authorization allowing an agent of a dealer to enter the auction.
(k) Electronic records.
A license holder may maintain a record in an electronic format if the license
holder can print the record at the licensed location upon request by the
department, except as provided by subsection (l) of this section.
(l) Use of department electronic titling and
registration systems. A license holder utilizing the department's web-based
title application known as webDEALER, as defined in §
217.71 of this title (relating to
Automated and Web-Based Vehicle Registration and Title Systems), shall comply
with §
217.74 of this title (relating to
Access to and Use of webDEALER). Original hard copy titles are not required to
be kept at the licensed location but must be made available to the department
upon request.
