| (a) Purpose.
(1) Model provisions applicable to ordinary vehicles.
The purpose of this subchapter is to provide model provisions and
a model plain language contract in English for Texas Finance Code,
Chapter 348 motor vehicle installment sales contract provisions for
ordinary vehicles. The establishment of model provisions for these
transactions will encourage the use of simplified wording that will
ultimately benefit consumers by making these contracts easier to understand.
Use of the "plain language" model contract by a seller is not mandatory.
Except for retail installment sales contracts involving commercial
vehicles, the seller, however, may not use a contract other than a
model contract unless the seller has submitted the contract to the
OCCC in compliance with §84.802 of this title (relating to Non-Standard
Contract Filing Procedures). The OCCC will issue an order disapproving
the contract if the OCCC determines the contract does not comply with
this section or rules adopted under this section. A seller may not
claim the OCCC's failure to disapprove a contract constitutes approval.
(2) Model provisions applicable to ordinary vehicles,
but may be used for commercial vehicles if not prohibited by law.
This subchapter only applies to retail installment sales transactions
involving ordinary vehicles. A retail seller or holder of retail installment
sales contracts involving commercial vehicles is not required or obligated
to comply with the provisions of this subchapter. A retail seller
or holder of retail installment sales contracts involving commercial
vehicles may utilize some or all of the model provisions of this subchapter
in creating a retail installment sales contract. However, a retail
seller or holder that utilizes any of the model provisions from this
subchapter will be bound by the provisions utilized.
(b) These provisions are intended to constitute a complete
plain language motor vehicle installment sales contract; however,
a seller is not limited to the contract provisions contained in these
rules.
|
| Source Note: The provisions of this §84.801 adopted to be effective May 8, 2008, 33 TexReg 3584; amended to be effective November 5, 2009, 34 TexReg 7610; amended to be effective November 8, 2012, 37 TexReg 8780; amended to be effective November 5, 2015, 40 TexReg 7624 |
