Content Overview
The Texas PWD 1238 form serves a crucial role for individuals who have purchased or acquired a boat or motor but find themselves facing challenges with the title. This form allows applicants to request a waiver of the titling requirement when the title is still in the name of a previous owner, rather than the seller. To use this form, certain conditions must be met. First, the applicant cannot be a licensed marine dealer. Second, a written bill of sale from the seller must be obtained. Additionally, the title must either be signed on the back by the owner of record or accompanied by a signed statement indicating no financial interest from that owner. A clear chain of ownership must be established through the provided documentation. This form is particularly relevant when previous owners cannot be reached or have declined to fulfill their titling obligations as mandated by state law. The information collected may also be utilized for sales tax collection and enforcement of state regulations. It is essential for applicants to provide accurate details, including their contact information, the sales price, and any known previous owners, to ensure a smooth approval process.
Document Preview
PWD 1238 – A0900 (06/10)
Request to Skip Titling Requirement of Previous Owner(s) (PWD 1238)
This form should be completed by an applicant when they have purchased or acquired a boat or motor from a seller and the title is in the
name of a prior owner (not the seller’s name). This form is subject to approval and should be submitted only when:
(1) the applicant is not a licensed marine dealer, and
(2) the applicant has obtained a written bill of sale from the seller, and
(3) either the title from the owner on record is signed on the back of the title or a signed statement of no financial interest from the owner on record
can be submitted, and
(4) a clear progression of ownership can be determined through the documentation provided, and
(5) the previous (non-titled) owners cannot be reached or have refused to title the asset as required by state law.
The information supplied on this form may be used for collection of sales tax and follow-up enforcement of state law.
You must have a title with the listed owner’s signature on the back or Statement of No Financial Interest signed by the owner of record.
TX and/or Hull/Motor Serial Number(s): _______________________________________________________________________________________
Applicant Name:
Phone Number: ( )
Address: City, State, Zip:
Bill of Sale Information Date of Sale: Sales Price (you paid):
List all the known previous owners, starting with the most current. If you do not know specific information, enter “unknown”.
I purchased or acquired the boat/motor from the following:
Name: Phone Number: ( )
Address: City, State, Zip:
Previous Owner Purchase Information Date of Sale: Sales Price (they paid):
I cannot contact previous owner (no phone number or address is available)
OR
Seller refused to title - Contact made or attempted by (check all that apply):
Phone (must include Ph# above) Written Correspondence (attached) Personal Conversations
Complete if applicable – the skipped owner (above) purchased or acquired boat/motor from the following (who is not owner on title):
Name: Phone Number: ( )
Address: City, State, Zip:
Previous Owner Purchase Information Date of Sale: Sales Price (they paid):
I cannot contact previous owner (no phone number or address is available)
OR
Seller refused to title - Contact made or attempted by (check all that apply):
Phone (must include Ph# above) Written Correspondence (attached) Personal Conversations
If additional owners need to be listed, please attach additional pages and check this box:
Owner on Texas Parks & Wildlife (or Out of State) Title or Registration (if registration only record) attached:
Name: Phone Number: ( )
Address: City, State, Zip:
I certify that the above information is true and correct to the best of my knowledge and have provided all supporting documentation available.
Applicant Signature Printed Name Date
WARNING: Falsifying information on documents is a punishable offence – Texas Penal Code Chapter 37, Section 37.10. Any person who knowingly makes a false entry in, or false alteration of a governmental record is
guilty of a felony of the third degree, punishable by confinement in jail for any term of not more than 10 years or less than 2 years and punishable by a fine not to exceed $10,000.
Texas Parks and Wildlife Department maintains the information collected through this form. With few exceptions, you are entitled to be informed about the information we collect. Under Sections 552.021 and 552.023
of the Texas Government Code, you are also entitled to receive and review the information. Under Section 559.004, you are also entitled to have this information corrected.
Office Staff: Fax this form and all other supplemental documents to TPWD HQ-Boat section (512) 389-8323 for review and approval. TPWD LE offices may opt to have
a LE office supervisor approve and sign off in lieu of faxing to the TPWD HQ-Boat Section. Once approved, this form must be submitted with the transaction paperwork
for imaging. A copy should be made by office staff and put on top of batch documentation being mailed in. These copies will be collected for the purpose of follow-up
enforcement.
Approval Signature Printed Name Date
TPWD Office: HQ-Boat Section or TPWD LE Office Location (City): ____________________________
Form Specifications
| Fact Name | Details |
|---|---|
| Purpose | The PWD 1238 form is used to request an exemption from the titling requirement for a boat or motor when the title is in the name of a previous owner. |
| Eligibility Criteria | Applicants must not be licensed marine dealers, must have a written bill of sale, and must provide either a signed title or a statement of no financial interest from the owner of record. |
| Ownership Documentation | Applicants must demonstrate a clear progression of ownership through the documentation provided, including details of previous owners. |
| Contact Requirement | The form is applicable when previous owners cannot be contacted or have refused to title the asset as mandated by state law. |
| Legal Authority | This form is governed by Texas state law, specifically under the Texas Parks and Wildlife Code and relevant provisions of the Texas Penal Code. |
| Consequences of Falsification | Providing false information on this form is a felony offense under Texas Penal Code Chapter 37, punishable by imprisonment and fines. |
Texas Pwd 1238: Usage Guidelines
After gathering the necessary information, the Texas PWD 1238 form can be filled out. This form is essential for those who have acquired a boat or motor but are facing challenges with the title being in the name of a previous owner. Following the steps below will ensure that the form is completed correctly.
- Begin by entering the TX and/or Hull/Motor Serial Number(s) at the top of the form.
- Fill in the Applicant Name, Phone Number, and Address fields, including City, State, Zip.
- Provide the Date of Sale and Sales Price you paid for the boat or motor.
- List all known previous owners, starting with the most current. If any information is unknown, write “unknown.” Include their Name, Phone Number, Address, City, State, Zip, Date of Sale, and Sales Price.
- If you cannot contact the previous owner, check the appropriate box indicating that there is no phone number or address available, or that the seller refused to title.
- Document any attempts made to contact the previous owner by checking the relevant options: Phone, Written Correspondence, or Personal Conversations.
- If applicable, complete the section regarding the skipped owner, providing their Name, Phone Number, Address, City, State, Zip, Date of Sale, and Sales Price.
- Repeat the process for any additional owners, attaching extra pages if necessary and checking the box provided.
- Attach a copy of the Texas Parks & Wildlife title or registration, if available.
- Certify the information by signing the form and printing your name along with the date.
After completing the form, it should be submitted along with all necessary documentation to the Texas Parks and Wildlife Department for review and approval. Ensure that a copy is retained for your records, as it may be needed for future follow-up.
Your Questions, Answered
What is the Texas PWD 1238 form?
The Texas PWD 1238 form, also known as the Request to Skip Titling Requirement of Previous Owner(s), is used when someone has purchased or acquired a boat or motor, but the title is still in the name of a prior owner. This form allows the new owner to request that the state skip the requirement of obtaining a title from the previous owner under certain conditions.
Who should complete the PWD 1238 form?
This form should be completed by individuals who are not licensed marine dealers and who have obtained a written bill of sale from the seller. It is necessary to provide documentation showing that the title is in the name of a previous owner and that the current applicant has made efforts to contact that owner without success.
What are the conditions for submitting the PWD 1238 form?
There are several key conditions that must be met before submitting this form. First, the applicant must not be a licensed marine dealer. Second, they must have a written bill of sale from the seller. Third, the title must either be signed on the back by the owner on record or a signed statement indicating no financial interest from that owner must be provided. Additionally, there must be a clear progression of ownership established through the documentation provided, and the previous owners must be unreachable or have refused to title the asset.
What information is required on the form?
The form requires detailed information about the applicant, including their name, phone number, and address. It also asks for the date of sale and sales price of the boat or motor. Furthermore, applicants must list all known previous owners, starting with the most current, and provide their contact information, if available. If additional owners need to be listed, extra pages can be attached.
What happens if I cannot contact the previous owner?
If you cannot contact the previous owner, the form allows you to indicate that no phone number or address is available. You will also need to check the appropriate boxes indicating how you attempted to contact the previous owner, whether by phone, written correspondence, or personal conversations.
What is the significance of the bill of sale?
The bill of sale serves as proof of the transaction between the seller and the buyer. It must be written and should include essential details such as the date of sale and the sales price. This document is crucial for establishing the legitimacy of the ownership transfer and is a requirement for completing the PWD 1238 form.
What are the consequences of providing false information on the form?
Providing false information on the PWD 1238 form is a serious matter. Under Texas law, it is considered a felony offense. If someone is found to have knowingly made a false entry or alteration of a governmental record, they could face imprisonment for up to 10 years, a minimum of 2 years, or a fine of up to $10,000.
How do I submit the PWD 1238 form?
The completed form, along with all supporting documents, should be faxed to the Texas Parks and Wildlife Department's Boat Section for review and approval. The fax number is (512) 389-8323. If you are working with a law enforcement office, they may choose to have a supervisor approve and sign the form instead of faxing it.
What should I do after the form is approved?
Once the form is approved, it must be submitted along with the transaction paperwork for imaging. It is important to make a copy of the approved form and place it on top of the batch documentation being mailed in. These copies will be used for follow-up enforcement by the Texas Parks and Wildlife Department.
Common mistakes
-
Failing to provide all necessary supporting documentation. It's essential to include a written bill of sale and any relevant ownership history.
-
Not signing the form. The applicant's signature is required to certify the accuracy of the information provided.
-
Leaving out the phone number or address of the seller. This information is crucial for verifying the transaction.
-
Providing incomplete information about previous owners. If details are unknown, clearly state "unknown" instead of leaving the fields blank.
-
Not checking all applicable boxes regarding attempts to contact previous owners. This can lead to delays in processing.
-
Failing to include the title with the required signatures. Ensure that the title is signed on the back or include a Statement of No Financial Interest.
-
Not indicating the sales price accurately. This figure is important for tax purposes and must reflect the actual amount paid.
-
Neglecting to attach additional pages when listing multiple previous owners. If more space is needed, provide it clearly.
-
Submitting the form without verifying all information. Double-check for accuracy to avoid potential legal issues.
-
Ignoring the warning about falsifying information. Understanding the consequences of providing false information is vital.
Documents used along the form
The Texas PWD 1238 form serves a specific purpose in the process of acquiring a boat or motor when the title is held by a previous owner. Several other documents are often necessary to facilitate this process, each playing a crucial role in ensuring compliance with state regulations. Below is a list of commonly used forms and documents that accompany the Texas PWD 1238 form.
- Bill of Sale: This document serves as proof of the transaction between the buyer and the seller. It includes details such as the date of sale, purchase price, and the names and addresses of both parties.
- Title Transfer Application: This form is used to officially transfer ownership of the boat or motor from the seller to the buyer. It typically requires the seller’s signature and may need to be submitted to the appropriate state agency.
- Statement of No Financial Interest: This statement is provided by the previous owner of record, indicating that they have no financial claim on the boat or motor. It is necessary when the title cannot be transferred due to the previous owner's unavailability.
- Previous Owner Contact Documentation: This includes any correspondence or records of communication made with previous owners. It serves as evidence that attempts were made to contact them regarding the title.
- Ownership History Documentation: This may include previous titles or registrations that demonstrate the chain of ownership. It helps establish a clear progression of ownership for the asset.
- Affidavit of Heirship: In cases where the previous owner has passed away, this document may be required to establish rightful ownership through inheritance.
- Texas Parks & Wildlife Title or Registration: If available, this document provides additional verification of ownership and registration status with the Texas Parks and Wildlife Department.
- Identification Documents: A copy of the buyer's identification may be required to verify their identity during the transaction process.
Each of these documents plays a vital role in the successful completion of the transaction process for acquiring a boat or motor in Texas. Properly preparing and submitting these forms can help ensure compliance with state laws and facilitate a smoother transfer of ownership.
Similar forms
The Texas PWD 1238 form, used to skip the titling requirement of previous owners when acquiring a boat or motor, shares similarities with several other documents in the realm of vehicle and asset ownership. Here are seven documents that have comparable purposes or functions:
- Texas Title Application (Form 130-U): This document is essential for applying for a new title after purchasing a vehicle. Like the PWD 1238, it requires proof of ownership and may involve previous owners if the title is not clear.
- Bill of Sale: A crucial document in any sale, the bill of sale serves as proof of the transaction between the buyer and seller. It is a required attachment for the PWD 1238, ensuring a clear record of the sale.
- Statement of Fact (Form VTR-130): This form is often used to explain circumstances surrounding the ownership of a vehicle. Similar to the PWD 1238, it provides necessary context when there are complications in the title history.
- Application for Duplicate Title (Form VTR-34): If a title is lost or damaged, this application allows an owner to request a replacement. It shares the need for clear ownership verification, akin to the PWD 1238.
- Affidavit of Heirship: In cases where a vehicle is inherited, this document helps establish ownership when the original title is not available. It serves a similar purpose to the PWD 1238 in clarifying ownership history.
- Power of Attorney: This document allows one person to act on behalf of another in legal matters, including vehicle transactions. It can be relevant when dealing with previous owners who cannot be contacted, similar to the PWD 1238's provisions.
- Transfer of Ownership Document: Used in various states, this document facilitates the transfer of ownership from one party to another. Like the PWD 1238, it often requires documentation proving the chain of ownership.
Understanding these documents can help ensure compliance with state laws and facilitate smoother transactions in vehicle and asset ownership.
Dos and Don'ts
When filling out the Texas PWD 1238 form, it is essential to follow specific guidelines to ensure a smooth process. Here are four things you should and shouldn't do:
- Do provide accurate and complete information. Ensure all fields are filled out correctly, including names, addresses, and contact numbers.
- Do include a signed bill of sale. This document is crucial for verifying the transaction and establishing ownership.
- Don't submit the form without the required supporting documentation. Ensure you have the title with the owner's signature or a Statement of No Financial Interest.
- Don't falsify any information. Providing false details can lead to serious legal consequences, including felony charges.
Following these guidelines will help facilitate the approval process for your request to skip the titling requirement of previous owners.
Misconceptions
Understanding the Texas PWD 1238 form can be challenging, especially with the various misconceptions that surround it. Here are seven common misunderstandings, along with clarifications to help you navigate the process more effectively.
- Misconception 1: The form is only for licensed marine dealers.
- Misconception 2: You don't need a bill of sale to submit the form.
- Misconception 3: The form guarantees that you will receive a title.
- Misconception 4: You can skip the title requirement without any documentation.
- Misconception 5: You can submit the form without trying to contact previous owners.
- Misconception 6: Falsifying information on the form has no serious consequences.
- Misconception 7: Once approved, you don’t need to keep any records.
This is not true. The PWD 1238 form can be completed by any individual who has purchased a boat or motor, as long as they meet specific criteria outlined in the form.
Actually, a written bill of sale from the seller is a required document. This helps establish the legitimacy of the transaction.
Submitting the PWD 1238 form does not guarantee approval. The Texas Parks and Wildlife Department must review and approve your request based on the information provided.
This is incorrect. A clear progression of ownership must be demonstrated through the documentation you provide, including previous owners and their signatures.
Before submitting the form, you must make reasonable attempts to contact previous owners. If they cannot be reached or refuse to title the asset, this must be documented.
This is a serious misconception. Falsifying information is a punishable offense under Texas law, which can lead to significant legal repercussions.
It is essential to keep copies of the PWD 1238 form and all supporting documents. These may be needed for follow-up enforcement or future transactions.
By understanding these misconceptions, you can approach the Texas PWD 1238 form with greater confidence and clarity. Always ensure that you have the necessary documentation and follow the required steps to facilitate a smooth process.
Key takeaways
When filling out and using the Texas PWD 1238 form, it is essential to keep the following key takeaways in mind:
- Purpose of the Form: This form is used to request an exemption from the titling requirement of previous owners when acquiring a boat or motor.
- Eligibility Criteria: Ensure that you meet the criteria, which include not being a licensed marine dealer and having a written bill of sale from the seller.
- Documentation Requirement: You must have either the title signed by the previous owner or a signed Statement of No Financial Interest.
- Ownership Progression: A clear chain of ownership must be established through the documents you provide.
- Contact Attempts: Document your efforts to contact previous owners if they cannot be reached or have refused to title the asset.
- Submission Process: Fax the completed form and all supporting documents to the Texas Parks and Wildlife Department for review and approval.
- Legal Consequences: Be aware that providing false information on this form is a serious offense under Texas law.
- Record Keeping: Make copies of the submitted form and supporting documents for your records and future reference.