Texas Laws - Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 12. RIGHTS AND DUTIES OF CONSUMERS AND MERCHANTS

SUBCHAPTER C. RIGHTS AND DUTIES OF CONSUMER AND MERCHANT (12194)(1-click HTML)
Sec. 601.101. MERCHANT'S COMPENSATION. (12195)(1-click HTML)

A merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter. (12196)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12197)

Sec. 601.102. CONSUMER'S RETENTION OF GOODS OR TITLE TO REAL PROPERTY AUTHORIZED. (12198)(1-click HTML)

Until a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the merchant: (12199)

(1) may retain possession of the goods or the right or title to the real property; and (12200)

(2) has a lien on the goods or real property to the extent of any recovery to which the consumer is entitled. (12201)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12202)

Sec. 601.103. CONSUMER'S DUTIES WITH RESPECT TO DELIVERED GOODS OR REAL PROPERTY. (12203)(1-click HTML)

(a) Within a reasonable time after a cancellation under this chapter, the consumer must, on demand, tender to the merchant any goods or any right or title to real property delivered by the merchant under the consumer transaction. (12204)

(b) The consumer is not obligated to tender goods at a place other than the consumer's residence. (12205)

(c) If the merchant fails to demand possession of the goods or the right or title to real property within a reasonable time after cancellation, the goods or real property become the property of the consumer without obligation to pay. (12206)

(d) Goods or real property in possession of the consumer are at the risk of the merchant, except that the consumer shall take reasonable care of the goods or the real property both before and for a reasonable time after cancellation. (12207)

(e) For purposes of this section, 20 days is presumed to be a reasonable time. (12208)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12209)

SUBCHAPTER D. PROHIBITED ACTS AND CONDUCT BY MERCHANT (12210)(1-click HTML)
Sec. 601.151. CONFESSION OF JUDGMENT OR WAIVER OF RIGHTS. (12211)(1-click HTML)

A merchant may not include in a contract or receipt pertaining to a consumer transaction a confession of judgment or a waiver of any of the rights to which the consumer is entitled under this chapter. (12212)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12213)

Sec. 601.152. FAILURE TO INFORM OR MISREPRESENTATION OF RIGHT TO CANCEL. (12214)(1-click HTML)

A merchant may not: (12215)

(1) at the time the consumer signs the contract pertaining to a consumer transaction or purchases the goods, services, or real property, fail to inform the consumer orally of the right to cancel the transaction; or (12216)

(2) misrepresent in any manner the consumer's right to cancel. (12217)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12218)

Sec. 601.153. TRANSFER OF INDEBTEDNESS DURING CERTAIN PERIOD. (12219)(1-click HTML)

A merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day after the date the contract pertaining to a consumer transaction was signed or the goods or services were purchased. (12220)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12221)

Sec. 601.154. FAILURE TO TAKE CERTAIN ACTIONS FOLLOWING RECEIPT OF NOTICE OF CANCELLATION. (12222)(1-click HTML)

A merchant may not: (12223)

  

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