Sec. 501.071. SALE OF VEHICLE; TRANSFER OF TITLE. (a) Except as provided by Sections 503.036 and 503.039, a motor vehicle may not be the subject of a subsequent sale unless the owner designated on the title submits a transfer of ownership of the title.
(b) The transfer of the title must be in a manner prescribed by the department that:
(1) certifies the purchaser is the owner of the vehicle; and
(2) certifies there are no liens on the vehicle or provides a release of each lien on the vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1127 (H.B. 2495), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 32, eff. January 1, 2012.
Acts 2017, 85th Leg., R.S., Ch. 969 (S.B. 2076), Sec. 14, eff. September 1, 2017.
Notes of Decisions
Lundy v. First Nat'l Bank (In Re Dota), 288 B.R. 448 (S.D. Tex. 2003).
· cites it 5× “Tex. Trans. Code § 501.071. Lundy argues that because Dota was a “dealer” and not an “owner” as those terms are defined by § 501.”
Vibbert v. Par, Inc., 224 S.W.3d 317 (Tex. App. 2006).
“But the Act additionally provides that Chapters 1 through 9 of the Texas Business and Commerce Code control over a conflicting provision of Chapter 501.”
Gourrier v. Joe Myers Motors, Inc., 115 S.W.3d 570 (Tex. App. 2002).
“6687-1, §§ 33 & 53, repealed and codified at Tex. Trans. Code §§ 501.071 & 501.073). Non-compliance does not affect a sale “as between the parties, when the purposes of the Certificate of Title Act are not defeated.”
Bank One Texas N.A. v. Arcadia Fin. Ltd., 219 F.3d 494 (5th Cir. 2000).
“2 Bank One argues that, as between Arcadia and Bank One, the consumers were not buyers in the ordinary course of business because a valid sale never took place under the Texas Certificate of Title Act.”
State Farm Mut. Auto. Ins. v. Scott, 866 F. Supp. 2d 680 (S.D. Tex. 2012).
“Tex. Transp. Code § 501.071. The Title Act dictates the correct form of title and voids sales with defective certificates of title.”
Gourrier v. Joe Myers Motors, Inc., 78 S.W.3d 651 (Tex. App. 2002).
“6687-1, §§ 33 & 53, repealed and codified at Tex. Trans. Code §§ 501.071 & 501.073). Non-compliance does not affect a sale “as between the parties, when the purposes of the Certificate of Title Act are not defeated.”
— Tex. Transp. Code § 501.071(a) — 5 cases
Lundy v. First Nat'l Bank (In Re Dota), 288 B.R. 448 (S.D. Tex. 2003).
“Tex. Trans. Code § 501.071. Lundy argues that because Dota was a “dealer” and not an “owner” as those terms are defined by § 501.”
Vibbert v. Par, Inc., 224 S.W.3d 317 (Tex. App. 2006).
“But the Act additionally provides that Chapters 1 through 9 of the Texas Business and Commerce Code control over a conflicting provision of Chapter 501.”
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