Texas Business and Commerce Code 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.
Terms Used In Texas Business and Commerce Code 601.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.