Tex. Fin. Code Section 348.404
Seller’s Action for Incentive Program or to Pay for Buyer’s Motor Vehicle

(a)

A retail seller may pay, promise to pay, or tender cash or another thing of value to the manufacturer, distributor, or retail buyer of the product if the payment, promise, or tender is made in order to participate in a financial incentive program offered by the manufacturer or distributor of the vehicle to the buyer.

(b)

A retail seller, in connection with a retail installment transaction, may:

(1)

advance money to retire:

(A)

an amount owed against a motor vehicle used as a trade-in or a motor vehicle owned by the buyer that has been declared a total loss by the buyer’s insurer; or

(B)

the retail buyer’s outstanding obligation under a motor vehicle lease contract, a credit transaction for the purchase of a motor vehicle, or another retail installment transaction; and

(2)

finance repayment of that money in a retail installment contract.

(c)

A retail seller may pay in cash to the retail buyer any portion of the net cash value of a motor vehicle owned by the buyer and used as a trade-in in a transaction involving the sale of another motor vehicle. In this subsection, “net cash value” means the cash value of a motor vehicle after payment of all amounts secured by the motor vehicle.

(d)

A retail seller may include money advanced under Subsection (b) in the retail installment contract only if it is included as an itemized charge and may disclose money advanced under Subsection (b) in any manner permitted by Regulation Z (12 C.F.R. Parts 226 and 1026) adopted under the Truth in Lending Act (15 U.S.C. Section 1601 et seq.). Section 349.003 (Liability for Failure to Perform or for Performance of Prohibited Act) does not apply to this subsection. This subsection does not create a private right of action. The commissioner has exclusive jurisdiction to enforce this subsection.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1042, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 676 (H.B. 2438), Sec. 6, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 20, eff. September 1, 2023.

Source: Section 348.404 — Seller's Action for Incentive Program or to Pay for Buyer's Motor Vehicle, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­348.­htm#348.­404 (accessed Jun. 5, 2024).

348.001
Definitions 348.002
Bailment or Lease as Retail Installment Transaction 348.003
Classification as Retail Installment Transaction Unaffected 348.004
Cash Price 348.005
Itemized Charge 348.006
Principal Balance 348.007
Applicability of Chapter 348.008
Applicability of Other Statutes to Retail Installment Transaction 348.009
Federal Disclosure Requirements Applicable 348.010
Additional Information Allowed in Contract 348.011
Order of Items in Contract 348.012
Applicability of Insurance Premium Financing Provisions 348.013
Conditional Delivery Agreement 348.014
Transaction Conditioned on Purchase of Vehicle Protection Product Prohibited 348.0015
Presumption Regarding Noncommercial Vehicles 348.0091
Disclosure of Equity in Trade-in Motor Vehicle 348.101
Retail Installment Contract General Requirements 348.102
Contents of Contract 348.103
Time Price Differential for Retail Installment Contract 348.104
Time Price Differential for Contract with Equal Monthly Successive Payments 348.105
Use of Optional Ceiling 348.106
Time Price Differential for Other Contracts 348.107
Charge for Default in Payment of Installment 348.108
Charges for Collecting Debt 348.109
Acceleration of Debt Maturity 348.110
Delivery of Copy of Contract 348.111
Buyer’s Right to Rescind Contract 348.112
Buyer’s Acknowledgment of Delivery of Contract Copy 348.113
Amendment of Retail Installment Contract 348.114
Charges for Deferring Installment 348.115
Charge for Other Amendment 348.116
Confirmation of Amendment 348.117
Contract After Amendment 348.118
Prepayment of Contract 348.119
Refund Credit on Prepayment 348.120
Amount of Refund Credit for Monthly Installment Contract 348.121
Amount of Refund Credit for Other Contracts 348.122
Reinstatement of Contract After Demand for Payment 348.123
Refinancing of Large Installment 348.124
Debt Cancellation Agreements 348.125
Trade-in Credit Agreements Offered in Connection with Retail Installment Contracts 348.201
Property Insurance 348.202
Credit Life and Credit Health and Accident Insurance 348.203
Maximum Amount of Credit Life and Credit Health and Accident Coverage 348.204
Insurance Statement 348.205
Statement if Liability Insurance Not Included in Contract 348.206
Insurance May Be Furnished by Buyer 348.207
Buyer’s Failure to Provide Evidence of Insurance 348.208
Charges for Other Insurance and Forms of Protection Included in Retail Installment Contract 348.209
Requirements for Including Insurance Cost in Contract 348.210
Delivery of Insurance Document to Buyer 348.211
Holder’s Duty if Insurance Is Adjusted or Terminated 348.212
Gain or Advantage from Insurance Not Additional Charge 348.213
Adding to Retail Installment Contract Premiums for Insurance Acquired After Transaction 348.214
Effect of Adding Premium to Contract 348.215
Financing Entity May Not Require Insurance from Particular Source 348.301
Authority to Acquire 348.302
Lack of Notice Does Not Affect Validity as to Certain Creditors 348.303
Payment by Buyer 348.403
Seller’s Promise to Pay or Tender of Cash to Buyer as Part of Transaction 348.404
Seller’s Action for Incentive Program or to Pay for Buyer’s Motor Vehicle 348.405
Statement of Payments and Amount Due Under Contract 348.406
Receipt for Cash Payment 348.407
Retention or Disposition of Nonattached Personal Property 348.408
Outstanding Balance Information 348.409
Liability Relating to Outstanding Balance Information 348.410
Prohibition on Power of Attorney to Confess Judgment or Assignment of Wages 348.411
Prohibition on Certain Acts of Repossession 348.412
Buyer’s Waiver 348.413
Transfer of Equity 348.414
Automobile Club Membership Offered in Connection with Retail Installment Contract 348.501
License Required 348.502
Application Requirements 348.503
Investigation of Application 348.504
Approval or Denial of Application 348.505
Disposition of Fees on Denial of Application 348.506
License Fee 348.507
Expiration of License on Failure to Pay Fee 348.508
License Suspension or Revocation 348.509
Reinstatement of Suspended License 348.510
Surrender of License 348.511
Effect of License Suspension, Revocation, or Surrender 348.512
Transfer or Assignment of License 348.513
Adoption of Rules 348.514
Examination 348.515
General Investigation 348.516
Payment of Examination Costs and Administration Expenses 348.517
License Holder’s Records 348.518
Sharing of Information 348.1015
Contract Conditioned on Subsequent Assignment Prohibited 348.5015
Residential Mortgage Loan Originator License Required 348.5055
License Term 348.5065
Grounds for Refusal to Renew
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 348.404’s source at texas​.gov