Texas Titles

The Who's What's and Where's of Texas Titles

When a person is buying or selling a motor vehicle in the state of Texas and wants to get a certificate of title, he or she should understand exactly who and what he or she is dealing with while doing so. There's a lot to know even when you're just sticking to passenger vehicles. You'll need the following about the vehicle:

• Manufacturer and Dealer
• “First sales” and “Subsequent sale” history
• Classified as “new” or “used”
• What will happen for you when you legally becomes the vehicle owner

A "manufacturer" is a person regularly engaged in the business of manufacturing or assembling new motor vehicles. This is usually also the make or brand of the motor vehicle. This is part of the information that is always on a certificate of title for a vehicle. It also determines how cool a driver is or isn't. "Distributor" means a person engaged in the business of selling to a “dealer” motor vehicles purchased from a manufacturer. A "dealer" is a person who purchases motor vehicles for sale at retail. It's amazing how many people's hands a vehicle has to go through before it gets to someone who actually wants to drive it.

A vehicle has gone through its "first sale" when the bargain, sale, transfer, or delivery of the motor vehicle is made and the vehicle meets the following requirement. The vehicle has not been previously registered or licensed, with intent to pass an interest in the motor vehicle, other than a lien, regardless of where the bargain, sale, transfer, or delivery occurred and it goes through with the registration or licensing process.

A vehicle has gone through a "subsequent sale" when the bargain, sale, transfer, or delivery of a motor vehicle that has been previously registered or licensed in this state or elsewhere, with intent to pass an interest in the vehicle, other than a lien, regardless of where the bargain, sale, transfer, or delivery occurs and the registration of the vehicle if registration is required under the laws of this state. Or if you prefer the short version: Someone else bought it before you.

"New motor vehicle," means a motor vehicle that has not been the subject of a first sale. It's a motor vehicle that's fresh off the line and has not yet been tainted by air fresheners, bumper stickers and spilled beverages.

"Used motor vehicle,” means a motor vehicle that has been the subject of a first sale. It sometimes also means mirrors that have been duct taped back into place or mismatched hubcaps.

An "owner" of a vehicle is a person, other than a manufacturer, importer, distributor, or dealer, claiming title to, or having a right to operate under a lien, a motor vehicle that has been subject to a first sale. You bought it so you can break and otherwise devalue it as you please.

Now, when you buy your next motor vehicle, you can get all up in the salesman's face and let him know you know who is what and what is who when getting that certificate of title signed over.

There are many duties imposed upon the seller of a vehicle in the state of Texas. These duties apply solely to the seller and absolutely no one else.

A seller who applies for the registration or a certificate of title for a motor vehicle under Texas law must apply in the county as directed by the purchaser. As a seller, you have to get the paperwork and where with all to register and title the vehicle where the buyer lives. It's a bummer being at someone else's beckon call, but when they're taking a vehicle off your hands that you don't want anymore and they're giving you money for it then it's a good idea to abide by them.

The Texas Department of Transportation must make known by public declaration a form on which the purchaser of a motor vehicle must designate the purchaser's choice as the recipient of all taxes, fees, and other revenue collected as a result of the transaction, which the tax assessor-collector is authorized by law to retain. A seller shall make that form available to the purchaser of a vehicle at the time of purchase. There's no shirking of responsibility when selling a vehicle. Get these things done or be stuck with a vehicle you don't want.

The owner of a motor vehicle registered in Texas may not operate or permit the operation of the vehicle on a public highway until the owner obtains a certificate of title for the vehicle or until the owner obtains registration for the vehicle if a receipt evidencing title to the vehicle is issued. That means get official paperwork that says you have registered and legally own the vehicle within the state of Texas.

A person may not operate a motor vehicle registered in this state on a public highway if the person knows or has reason to believe that the owner has not obtained a certificate of title for the vehicle. When in doubt, stay out... of the vehicle. Don't drive your buddy's car if it's not registered. That's a quick trip to getting into trouble.

The owner of a motor vehicle that is required to be registered in Texas must apply for a certificate of title of the vehicle before selling or disposing of the vehicle. You can't play Hot Potato with your car. If you get it from someone then you have to put it in your name before you can pass it on to someone else.

In Texas, the owner of a motor vehicle must apply for a certificate of title to the county assessor-collector in the county in which the owner lives, or the motor vehicle is purchased or encumbered, and on a form prescribed by the Texas Department of Transportation. You gotta do it their way or no highway for you.

The assessor-collector will send the application to the Texas Department of Transportation no later than 24 hours after receiving the application. People often say that government workers are slow going, but they're pretty on the ball with this one.

The Texas Department of Transportation requires an applicant for a certificate of title to provide the applicant's social security number. The department or the county shall enter the applicant's social security number in the department's electronic database but may not print that number on the certificate of title. The government needs to know who does what with vehicles as well as when and where it's done, but they don't let anyone else know. Why? Because this paragraph just needed the five W's in it.

After you fill out the form to apply for your certificate of title, you'll probably have to wait in a very long line for a very long time before you can actually turn over the form to the assessor-collector in your area. Be sure to pack breakfast, lunch, an afternoon snack, dinner, supper, and a midnight snack when you're applying for a certificate of title.

Review more information on Texas Automobile Titles here.

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