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RULE §215.148Dealer Agents

(a) A dealer must provide written authorization to each person with whom the dealer's agent or employee will conduct business on behalf of the dealer, including to a person that:

  (1) buys and sells motor vehicles for resale; or

  (2) operates a licensed auction.

(b) If a dealer's agent or employee that conducts business on behalf of the dealer commits an act or omission that would be cause for denial, revocation, or suspension of a license in accordance with Occupations Code, Chapter 2301, the board may:

  (1) deny an application for a license; or

  (2) revoke or suspend a license.

(c) The board may take action described in subsection (b) of this section after notice and an opportunity for hearing, in accordance with Occupations Code, Chapter 2301.

(d) A dealer's authorization to an agent or employee shall:

  (1) be in writing;

  (2) be signed by the dealer principal or person in charge of daily activities of the dealership;

  (3) include the agent's or employee's name, current mailing address, and telephone number;

  (4) include the dealer's business name, address, and dealer license number or numbers;

  (5) expressly authorize buying or selling by the specified agent or employee;

  (6) state that the dealer is liable for any act or omission regarding a duty or obligation of the dealer that is caused by that agent or employee, including any financial considerations to be paid for the vehicle;

  (7) state that the dealer's authorization remains in effect until the recipient of the written authorization is notified in writing of the revocation of the authority; and

  (8) be maintained as a required dealer's record and made available upon request by a representative of the department, in accordance with the requirements of §215.144 of this title (relating to Records).

(e) A license holder, including a wholesale motor vehicle auction license holder that buys and sells vehicles on a wholesale basis, including by sealed bid, is required to verify the authority of any person claiming to be an agent or employee of a licensed dealer who purports to be buying or selling a motor vehicle:

  (1) on behalf of a licensed dealer; or

  (2) under the written authority of a licensed dealer.

(f) A title to a vehicle bought by an agent or employee of a dealer shall be:

  (1) reassigned to the dealer by the seller or by the auction; and

  (2) shall not be delivered to the agent or employee, but delivered only to the dealer or the dealer's financial institution.

(g) Notwithstanding the prohibitions in this section, an authorized agent or employee may sign a required odometer statement.

(h) In a wholesale transaction for the purchase of a motor vehicle, the seller may accept as consideration only:

  (1) a check or a draft drawn on the purchasing dealer's account;

  (2) a cashier's check in the name of the purchasing dealer; or

  (3) a wire transfer from the purchasing dealer's bank account.

Source Note: The provisions of this §215.148 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571

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