Sec. 601.002. APPLICABILITY OF CHAPTER; EXCEPTION. (a) This chapter applies only to a consumer transaction in which:
(1) the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business;
(2) the consumer's agreement or offer to purchase is given to the merchant or the merchant's agent at a place other than the merchant's place of business; and
(3) the agreement or offer is for:
(A) the purchase of goods or services for consideration that exceeds $25, payable in installments or in cash; or
(B) the purchase of real property for consideration that exceeds $100, payable in installments or in cash.
(b) Notwithstanding Subsection (a), this chapter does not apply to:
(1) a purchase of farm equipment;
(2) an insurance sale regulated by the Texas Department of Insurance;
(3) a sale of goods or services made:
(A) under a preexisting revolving charge account or retail charge agreement; or
(B) after negotiations between the parties at a business establishment in a fixed location where goods or services are offered or exhibited for sale; or
(4) a sale of real property if:
(A) the purchaser is represented by a licensed attorney;
(B) the transaction is negotiated by a licensed real estate broker; or
(C) the transaction is negotiated at a place other than the consumer's residence by the person who owns the property.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Last modified: September 28, 2016