(a) The department may rescind, cancel, or revoke an existing title or application for a title if a notarized or county stamped affidavit is completed and presented to the department within 90 days of initial sale containing:
  (1) a statement that the vehicle involved was a new motor vehicle in the process of a first sale;
  (2) a statement that the dealer, the applicant, and any lienholder have canceled the sale;
  (3) a statement that the vehicle was:
    (A) never in possession of the title applicant; or
    (B) in the possession of the title applicant;
  (4) the signatures of the dealer, the applicant, and any lienholder as principal to the document; and
  (5) an odometer disclosure statement executed by the purchaser of the motor vehicle and acknowledged by the dealer if a statement is made pursuant to paragraph (3)(B) of this subsection to be used for the purpose of determining usage subsequent to sale.
(b) A rescission, cancellation, or revocation containing the statement authorized under subsection (a)(3)(B) of this section does not negate the fact that the vehicle has been subject to a previous retail sale.

Source Note: The provisions of this §217.11 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective July 1, 2020, 45 TexReg 4354