| (C) A GDN dealer may maintain a storage lot only if
the storage lot is not accessible to the public and no sales activity
occurs at the storage lot. A sign stating the dealer's name, contact
information, and the fact the property is a storage lot is permissible.
A storage lot must be fenced or in an access-controlled location to
be considered not accessible to the public.
(12) Dealers authorized to sell salvage motor vehicles.
If an independent motor vehicle dealer offers a salvage motor vehicle
for sale on the dealer's premises, the vehicle must be clearly and
conspicuously marked with a sign informing a potential buyer that
the vehicle is a salvage motor vehicle. This requirement does not
apply to a licensed salvage pool operator.
(13) Lease requirements. If the premises from which
a dealer conducts business, including any display area, is not owned
by the dealer, the dealer must maintain a lease that is continuous
during the period of time for which the dealer's license will be issued.
The lease agreement must be on a properly executed form containing
at a minimum:
(A) the name of the property owner as the lessor of
the premises and the name of the dealer as the tenant or lessee of
(B) the period of time for which the lease is valid;
(C) the street address or legal description of the
property, provided that if only a legal description of the property
is included, a dealer must attach a statement verifying that the property
description in the lease agreement is the physical street address
identified on the application as the physical address for the established
and permanent place of business;
(D) the signature of the property owner as the lessor
and the signature of the dealer as the tenant or lessee; and
(E) if the lease agreement is a sublease in which the
property owner is not the lessor, the dealer must also obtain a signed
and notarized statement from the property owner including the following
(i) property owner's full name, email address, mailing
address, and phone number; and
(ii) property owner's statement confirming that the
dealer is authorized to sublease the location and may operate a vehicle
sales business from the location.
(14) Dealer must display GDN and bond notice. A dealer
must display the dealer's GDN issued by the department at all times
in a manner that makes the GDN easily readable by the public and in
a conspicuous place at each place of business for which the dealer's
GDN is issued. If the dealer's GDN applies to more than one location,
a copy of the GDN and bond notice must be displayed in each supplemental
location. A dealer required to obtain a surety bond must post a bond
notice adjacent to and in the same manner as the dealer's GDN is displayed.
The notice must include the bond company name, bond identification
number, and procedure by which a claimant can recover under the bond.
The notice must also include the department's website address and
notify a consumer that a dealer's surety bond information may be obtained
by submitting a request to the department.
|Source Note: The provisions of this §215.140 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective August 2, 2012, 37 TexReg 5637; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 28, 2017, 42 TexReg 3273; amended to be effective January 1, 2023, 47 TexReg 8745