7 Tex. Admin. Code § 84.804 - Disclosures and Contract Provisions Required by Texas Finance Code

A retail installment sales contract must include all provisions required by Texas Finance Code, Chapter 348, and other law. The contract must include the following disclosures and provisions, as applicable:

(1) The consumer warning required by Texas Finance Code, § RSA 348.102(d).
(2) The cash price as required by Texas Finance Code, § RSA 348.102(a)(5). The cash price may be disclosed as a separate item in the Itemization of Amount Financed or elsewhere in the contract. The cash price is the price at which the seller offers in the ordinary course of business to sell for cash the goods or services that are subject to the transaction.
(3) The amount of any downpayment, specifying the amounts paid in money and in goods traded in, as required by Texas Finance Code, § RSA 348.102(a)(6). An amount paid by the seller under Texas Finance Code, § RSA 348.404 to retire an amount owed (including amounts owed under a vehicle lease) against a motor vehicle used as a trade-in ("payoff") may be disclosed in several ways. The approaches outlined in the Regulation Z Staff Commentary, as from time to time updated, are permissible.
(4) The amounts of any itemized charges not included in the cash price, as required by Texas Finance Code, § RSA 348.102(a)(7). Itemized charges may include the following charges as applicable and any other charges that are authorized to be included in the itemized charges under Texas Finance Code, Chapter 348:
(A) State inspection fee;
(B) Documentary fee;
(C) Dealer's inventory tax;
(D) Sales tax;
(E) Other taxes not included in the cash price (the seller may disclose one aggregate amount for all taxes or may separately itemize one or more of the taxes);
(F) Deputy service fee;
(G) Title fee;
(H) License fee;
(I) Vehicle property insurance;
(J) Credit life and credit disability insurance;
(K) GAP insurance, as authorized by Texas Finance Code, § RSA 348.208(b)(4);
(L) Debt cancellation agreement;
(M) Theft protection plan;
(N) Service contract;
(O) Warranty contract;
(P) Identity recovery service contract;
(Q) Automobile club membership;
(R) Trade-in credit agreement;
(S) Depreciation benefit optional member program.
(5) The insurance statement required by Texas Finance Code, § RSA 348.204.
(6) Notice of exclusion of bodily injury and property damage insurance, if excluded, as required by Texas Finance Code, § RSA 348.205.
(7) Any documentary fee charged must be separately disclosed, either in the itemization or elsewhere, along with the description required by Texas Finance Code, § RSA 348.006 in reasonable proximity to the disclosure of the documentary fee. Any foreign language translation of this disclosure that is required under Texas Finance Code, § RSA 348.006 may be given in a separate document.
(8) A disclosure that the buyer may refinance the final scheduled payment upon the terms previously agreed or for any other period of time and payment schedule to which the buyer and holder may agree for a contract described in Texas Finance Code, § RSA 348.123(b)(5).

Notes

7 Tex. Admin. Code § 84.804
The provisions of this §84.804 adopted to be effective May 8, 2008, 33 TexReg 3584; amended to be effective November 5, 2009, 34 TexReg 7610; Amended by Texas Register, Volume 41, Number 18, April 29, 2016, TexReg 3137, eff. 5/5/2016; Amended by Texas Register, Volume 42, Number 35, September 1, 2017, TexReg 4465, eff. 9/7/2017

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