(a) Purchase and sales records. A dealer must keep a complete record of all vehicle purchases and sales for a minimum period of 48 months and make those records available for inspection and copying by a representative of the department during business hours. (b) An independent mobility vehicle dealer must keep complete written records relating to a vehicle purchase or sale and any adaptive work performed on the vehicle for a minimum period of 36 months after the date the adaptive work is performed on the vehicle. (c) Records reflecting purchases and sales for at least the preceding 13 months must be maintained at the dealer's location. Records for prior time periods may be kept off-site at a location within the same county. (d) Upon receipt of a request sent by mail or electronic document transfer from the division, a dealer must produce copies of specified records to the address listed in the request within 15 days. 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. As used in this subsection, a complete record of vehicle purchases and sales shall contain the following information or documents:   (1) date of purchase;   (2) date of sale;   (3) vehicle identification number;   (4) name and address of person selling to the dealer;   (5) name and address of person purchasing from the dealer;   (6) name and address of selling dealer if vehicle is offered for sale by consignment;   (7) except in a purchase or sale by a wholesale dealer, copy of the Tax Collector's Receipt for Title Application/Registration/Motor Vehicle Tax, Form 31;   (8) copies of any and all documents, forms, and agreements applicable to a particular sale, including, but not limited to title applications, work-up sheets, Manufacturer's Certificates of Origin, titles or photocopies of the front and back of titles, factory invoices, sales contracts, retail installment agreements, buyer's orders, bills of sale, waivers, or other agreements between the seller and purchaser;   (9) dealer's monthly Motor Vehicle Seller Financed Sales Returns, if any; and   (10) 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 sale notifying the buyer that the vehicle is subject to inspection requirements. (f) Title assignments. All certificates of title, manufacturer's certificates, or other evidence of ownership for vehicles offered for sale or which have been acquired by a dealer must be properly assigned into the dealer's name. A dealer must apply in the name of the purchaser of a motor vehicle for the registration of the motor vehicle with the appropriate county tax assessor-collector as selected by the purchaser. To be in compliance with Transportation Code, §501.0234(f), and considered filed within a reasonable time, a registration filed in Texas must be filed within 20 working days of the date of sale. For a transaction that is dealer-financed, a registration filed in Texas within 45 days of the date of sale will be considered filed within a reasonable time. The dealer shall provide to the purchaser the receipt for the application and maintain a copy of the receipt for application in the sales file. (g) Out-of-state sales. When a sales transaction involves a vehicle to be transferred out of state, the dealer must, within 20 working days of the date of sale, either file the application for certificate of title for the purchaser or deliver the properly assigned evidence of ownership to the purchaser. In such instance, a photocopy of the completed sales tax exemption form for out-of-state sales approved by the Comptroller of Public Accounts shall be maintained on file at the dealer's business location. (h) Consignment sales. A dealer offering a vehicle for sale by consignment shall have a written consignment agreement for the vehicle or a power of attorney covering the vehicle and shall maintain a record of each such vehicle by vehicle identification number and owner of each such vehicle handled on consignment for a minimum of 48 months. (i) Public motor vehicle auctions.   (1) A general distinguishing number holder who acts as a public motor vehicle auction must comply with the requirements relating to consignment sales as set out in subsection (h) of this section.   (2) A public motor vehicle auction is not required to take assignment of title of vehicles it offers for sale, but must take assignment of title of a vehicle from a consignor prior to making application for title on behalf of the buyer.   (3) A public motor vehicle auction must make application for title on behalf of the purchaser within 20 working days of the sale of the motor vehicle. (j) Wholesale auction records. A wholesale auction must keep a complete record of all vehicle purchases and sales occurring through the auction for a minimum period of 48 months and such records shall be made available for inspection and copying by a representative of the department during business hours.   (1) Records reflecting purchases and sales for at least the preceding 24 months must be maintained at the licensed location. Records for prior time periods may be kept off-site at a location within the same county.   (2) Upon receipt of a request sent by mail, or electronic document transfer from a representative of the department, a wholesale auction must submit copies of specified records to the address listed in the request within 15 days.   (3) The records required to be kept by a wholesale auction shall at a minimum provide the following information:     (A) date of sale;     (B) vehicle identification number;     (C) name and address of person selling the vehicle;     (D) name and address of person purchasing the vehicle;     (E) the dealer license number of both seller and buyer 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 cancellation of authorization for agents, employees, or representatives required by §215.148 of this subchapter (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) copies of any written authorizations allowing an agent of a dealer to enter the auction. (k) Electronic records. Any records required to be kept by a licensee may be kept in an electronic format, if the electronic records can be printed at the licensed location upon request by a representative of the department. Original hard copy titles or photocopies of the front and back of titles of vehicles in a dealer's inventory shall be kept in a secure location at the licensed location or within the same county as the licensed location.

Source Note: The provisions of this §215.144 adopted to be effective February 11, 2010, 35 TexReg 883