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Car Dealer Disclosure

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H

hdiris

Guest
I leased a car in California. Have been told there's a new law which states that dealers have a duty to disclose information about accident damage if the prospective buyer asks about such damage/history prior to the sale. Can anyone help with a cite? Am going nuts trying to find the backup.

 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Did you think about contacting AAA? http://www.aaa-calif.com/
 

I AM ALWAYS LIABLE

Senior Member
My response:

Your suggestion about the Virginia Lemon Law was okay; except, my presumption was that the buyer had purchased a "used" car - - in which case, the Lemon Law does not apply. It's only for new cars.

Anyway, here's the answer to your current question.


VEHICLE CODE
SECTION 9990-9993

9990. For purposes of this chapter, damage sustained by a motor
vehicle is material under any of the following circumstances:
(a) The damage required repairs having a value, including parts
and labor calculated at the repairer's cost, exceeding 3 percent of
the manufacturer's suggested retail price of the vehicle or five
hundred dollars ($500), whichever is greater. The replacement of
damaged or stolen components, excluding the cost of repainting or
refinishing those components, if replaced by the installation of new
original manufacturer's equipment, parts, or accessories that are
bolted or otherwise attached as a unit to the vehicle, including, but
not limited to, the hood, bumpers, fenders, mechanical parts,
instrument panels, moldings, glass, tires, wheels, and electronic
instruments, shall be excluded from the damage calculation, except
that any damage having a cumulative repair or replacement value which
exceeds 10 percent of the manufacturer's suggested retail price of
the vehicle shall be deemed material.
(b) The damage was to the frame or drive train of the motor
vehicle.
(c) The damage occurred in connection with a theft of the entire
vehicle.
(d) The damage was to the suspension of the vehicle requiring
repairs other than wheel balancing or alignment.


9991. Every dealer shall disclose in writing to the purchaser of a
new or previously unregistered motor vehicle, prior to entering into
a contract for the vehicle or, if unknown at that time, prior to
delivery of the vehicle, any material damage known by the dealer to
have been sustained by the vehicle and subsequently repaired.


9992. Every dealer shall disclose in writing to the purchaser of a
new or previously unregistered motor vehicle, prior to entering into
a contract for the vehicle or, if unknown at that time, prior to
delivery of the vehicle, any damage, including, but not limited to,
material damage, known by the dealer to have been sustained by the
vehicle and not repaired.


9993. Nothing in this chapter permits any dealer to respond to the
inquiry of a purchaser in any untrue or misleading manner.

IAAL

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H

hdiris

Guest
thank you for your responses. they've been a great help.

although each state's conditions may vary somewhat, the lemon laws apply to new, as well as used, cars.
 

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