The Texas PWD 1238 form is a request to skip the titling requirement of previous owners when acquiring a boat or motor. This form is intended for applicants who have purchased a vessel from a seller, but the title is still in the name of a prior owner. To proceed, ensure you meet the necessary criteria and have all required documentation ready.
Start the process by filling out the form below.
When filling out the Texas PWD 1238 form, it is essential to approach the task with care and attention to detail. Here are some important dos and don'ts to consider:
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:
Previous Owner Purchase Information
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):
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:
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
TPWD Office:
HQ-Boat Section
or
TPWD LE Office Location (City): ____________________________
PWD 1238 – A0900 (06/10)
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The Texas PWD 1238 form serves a critical role in the process of acquiring a boat or motor when the title is held by a previous owner. Alongside this form, several other documents are often required to facilitate a smooth transaction and ensure compliance with state regulations. Each of these documents plays a specific role in verifying ownership and establishing a clear chain of title.
In summary, these documents work in conjunction with the Texas PWD 1238 form to create a comprehensive record of ownership and facilitate the legal transfer of a boat or motor. Understanding the importance of each document can help ensure a smoother transaction and compliance with Texas state laws.
Filling out the Texas PWD 1238 form can be a straightforward process, but many people make common mistakes that can delay their application. One frequent error is not providing complete information about previous owners. When listing previous owners, it's essential to start with the most current. If specific details are unknown, simply writing "unknown" is better than leaving the field blank. Missing this information can lead to complications in verifying ownership.
Another common mistake is failing to include a proper bill of sale. The form requires that applicants have a written bill of sale from the seller. Without this document, the application may be rejected. Ensure that the bill of sale is clear and includes the necessary details like the date of sale and sales price. This documentation is crucial for establishing the legitimacy of the transaction.
People often overlook the requirement for a signature on the back of the title. The form specifies that either the title must be signed or a Statement of No Financial Interest must be provided. Neglecting to secure the required signature can lead to delays or denials in processing the application. Always double-check that you have the right documentation before submitting.
Providing inaccurate or incomplete contact information for previous owners is another mistake that applicants frequently make. If you cannot reach a previous owner, you must indicate this on the form. However, if you have made attempts to contact them, be sure to check all relevant boxes and include any correspondence. This transparency helps establish your effort in the process.
Lastly, many applicants forget to sign and date the form before submission. The certification at the end of the form is not just a formality; it confirms that the information provided is accurate to the best of your knowledge. Failing to sign can result in the form being returned or rejected. Always remember to review the entire form for completeness and accuracy before sending it off.
Here are six common misconceptions about the Texas PWD 1238 form:
This form is specifically for individuals who are not licensed marine dealers. If you are a dealer, you cannot use this form.
A written bill of sale from the seller is required. Without it, the form cannot be processed.
The signature must be from the owner on record. If the title is not signed on the back, you need a signed statement of no financial interest.
You must provide documentation showing a clear progression of ownership. This helps verify the chain of ownership.
You must attempt to contact previous owners. If they refuse to title the asset, you need to document your efforts.
Submission of the form does not guarantee approval. It is subject to review and must meet all requirements.
1. Purpose of the Form: The Texas PWD 1238 form is designed for individuals who have acquired a boat or motor but do not have a title in their name. It allows them to request a waiver of the titling requirement from previous owners.
2. Eligibility Criteria: To use this form, applicants must not be licensed marine dealers. They must also provide a written bill of sale from the seller and ensure that either the title is signed by the previous owner or a signed statement of no financial interest is included.
3. Documentation Requirements: Applicants must demonstrate a clear progression of ownership through the documentation they provide. This includes listing all known previous owners and ensuring that the previous owners cannot be reached or have refused to title the asset.
4. Submission Process: Once completed, the form and all supporting documents should be faxed to the Texas Parks and Wildlife Department (TPWD) Headquarters Boat Section for review and approval. If applicable, local law enforcement offices may approve the form instead.
5. Consequences of Falsification: It is crucial to provide accurate information. Falsifying details on this form is a serious offense under Texas law and can result in significant penalties, including imprisonment and fines.
Completing the Texas PWD 1238 form is an important step in ensuring that your boat or motor is properly registered when the title is not in the seller's name. After filling out this form, you will submit it along with your transaction paperwork for review and approval by the Texas Parks and Wildlife Department. Here’s how to fill out the form step by step:
Once you have completed the form, fax it along with any supplemental documents to the TPWD HQ-Boat section for review. Make sure to keep a copy for your records and include it with your transaction paperwork when submitting for imaging.