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Texas Business & Commerce Code - Section 38.202. Disclosures To Prospective Purchasers

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 38.202. Disclosures To Prospective Purchasers

§ 38.202. DISCLOSURES TO PROSPECTIVE PURCHASERS.  A 
seller shall, when the solicitation is made and before consummation 
of any sales transaction, provide to each purchaser:
		(1)  the complete street address of the location from 
which the salesperson is calling the purchaser and, if different, 
the complete street address of the seller's principal location;
		(2)  if the seller represents or implies that a 
purchaser will receive without charge a specified item or one item 
from among designated items, whether the items are designated as 
gifts, premiums, bonuses, prizes, or otherwise:
			(A)  the information required to be filed by 
Sections 38.153(4)(D)(i), (D)(ii), and (E), as appropriate;  and
			(B)  the total number of individuals who have 
actually received from the seller during the preceding 12 months 
or, if the seller has not been in the business that long, during the 
period the seller has been in business the item having the greatest 
value and the item with the smallest odds of being received;
		(3)  if the seller is offering to sell an interest in an 
oil, gas, or mineral field, well, or exploration site, the 
information required by Section 38.153(6);  and
		(4)  if the seller represents that an item is being 
offered at a price below that usually charged for the item, the name 
of the manufacturer of the item. 

Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997.          

Last modified: August 10, 2007