Vehicle History Disclosure
15.2 Known Damage
- Material damage to new vehicles which is known to the dealer
must be disclosed to the potential purchaser. [V.C. §9990] Material
damage is that which a potential purchaser would want to know in making
his or her decision to purchase the vehicle.
- Although the Vehicle Code does not expressly require
a dealer to disclose material damage on a used vehicle to a potential
purchaser, a dealer may still be liable for breach of contract,
fraud, and/or negligence under tort law for failing to disclose
material damage to a potential purchaser. For the protection of
the dealer, disclosure of material damage should be made to the
potential purchaser in writing, and signed by the purchaser prior
to the sale.