Tex. Fin. Code § 345.304 · Subchapter G. ACQUISITION OF CONTRACT, AGREEMENT, OR BALANCE
PRESERVATION OF BUYER'S RIGHT OF ACTION OR DEFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A right of action or defense of a retail buyer arising out of a retail installment transaction is not affected by the negotiation of the retail installment contract or retail charge agreement to a third party except as authorized by other law and the third party:
(1) acquires the contract relying in good faith on a certificate of completion or certificate of satisfaction, if required by Section 345.081;
(2) gives notice of the negotiation to the buyer under Subsection (b); and
(3) does not receive from the buyer, before the 31st day after the day on which that notice is mailed, written notice of a fact that gives rise to a claim or defense of the buyer.
(b) A notice of negotiation must:
(1) be in writing addressed to the retail buyer at the address shown on the contract;
(2) identify the contract;
(3) state the names and addresses of the retail seller and retail buyer;
(4) describe the goods or services;
(5) state the time balance and a description of the payment schedule; and
(6) contain the following warning in at least 10-point type that is bold-faced, capitalized, or underlined or otherwise conspicuously set out from the surrounding written material:
ARE THE TERMS OF THE CONTRACT DESCRIBED ABOVE CORRECT AND ARE YOU SATISFIED WITH THE GOODS OR SERVICES FURNISHED? IF NOT, YOU SHOULD NOTIFY US GIVING DETAILS WITHIN 30 DAYS FROM THE DATE THE ABOVE NOTICE WAS MAILED.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.345.htm
- Text hash
- sha256 c99b367e92a7ff6b1d07093df2ff3ead782640ef43a90db9c6ab7f158994d7bd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.