Sec. 348.408. OUTSTANDING BALANCE INFORMATION; PAYMENT IN FULL. (a) The holder of a retail installment contract who gives the retail buyer or the buyer's designee outstanding balance information relating to the contract is bound by that information and shall honor that information for a reasonable time.
(b) If the retail buyer or the buyer's designee tenders to the holder as payment in full an amount derived from that outstanding balance information, the holder shall:
(1) accept the amount as payment in full; and
(2) release the holder's lien against the motor vehicle within a reasonable time not later than the 10th day after the date on which the amount is tendered.
(c) A retail seller must pay in full the outstanding balance of a vehicle traded in not later than the 25th day after the date that:
(1) the retail installment contract is signed by the retail buyer and the retail buyer receives delivery of the motor vehicle; and
(2) the retail seller receives delivery of the motor vehicle traded in and the necessary and appropriate documents to transfer title from the buyer.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 676 (H.B. 2438), Sec. 7, eff. September 1, 2009.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 348 - Motor Vehicle Installment Sales
Subchapter E. Holder's Rights, Duties, and Limitations
Section 348.403. Seller's Promise to Pay or Tender of Cash to Buyer as Part of Transaction
Section 348.404. Seller's Action for Incentive Program or to Pay for Buyer's Motor Vehicle
Section 348.405. Statement of Payments and Amount Due Under Contract
Section 348.406. Receipt for Cash Payment
Section 348.407. Retention or Disposition of Nonattached Personal Property
Section 348.408. Outstanding Balance Information; Payment in Full
Section 348.409. Liability Relating to Outstanding Balance Information
Section 348.410. Prohibition on Power of Attorney to Confess Judgment or Assignment of Wages
Section 348.411. Prohibition on Certain Acts of Repossession
Section 348.412. Buyer's Waiver
Section 348.413. Transfer of Equity
Section 348.414. Automobile Club Membership Offered in Connection With Retail Installment Contract