| (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);
Cont'd... |
