| (a) Purchases and sales records. A dealer must 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 a representative of the department during business hours.
(b) Independent mobility motor vehicle dealers. An
independent mobility motor vehicle dealer must 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.
(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 receipt
of a request sent by mail or electronic document transfer from a representative
of the department, a dealer must 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 division 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 copy of the
receipt, titled "Tax Collector's Receipt for Texas Title Application/Registration/Motor
Vehicle Tax";
(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 manufacturer's certificate
of origin or manufacturer's statement of origin, unless the title
is obtained through the electronic title system;
(D) the front and back of the title, unless the title
is obtained through the electronic title system;
(E) the factory invoice;
(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;
and
(L) Form VTR-136, relating to County of Title Issuance,
completed and signed by the buyer;
(9) the original manufacturer's certificate of origin,
original manufacturer's statement of origin, or original title for
motor vehicles offered for sale by a dealer, and a properly stamped
original manufacturer's certificate of origin, original manufacturer's
statement of origin, or original title for motor vehicles sold by
a dealer if the title transaction is entered into the electronic 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) A dealer must apply in the name of the purchaser
of a vehicle for the registration of the vehicle with the appropriate
county tax assessor-collector as selected by the purchaser.
(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) 20 working days of the date of sale of the vehicle
for a vehicle 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 registered
in Texas.
(4) The dealer is required to provide to the purchaser
the receipt for the registration application.
(5) The dealer is required to maintain a copy of the
receipt for the registration application in the dealer's sales file.
(g) Out of state sales. For a sales transaction involving
a vehicle to be transferred out of state, the dealer must:
(1) within 20 working 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 shall 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 the appropriate county tax assessor-collector as selected by
the purchaser. 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 must 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 a representative of the department during
business hours.
(1) A wholesale motor vehicle auction license holder
must 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 receipt of a request sent by
mail or by electronic document transfer from a representative of the
department, a wholesale motor vehicle auction license holder must
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 shall, 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 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 Truth
in Mileage Act;
(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 a representative of
the department, except as provided by subsection (l) of this section.
(l) Use of webDEALER. 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), must 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.
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