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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2120
Experience:  Practicing Attorney with 10 years experience
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My car was in a minor accident. The CARFAX report does not

Customer Question

My car was in a minor accident. The CARFAX report does not show that my car was in an accident. Do I have to disclose that my car was in an accident when I sell it?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 10 months ago.

Yes. If asked you have to make any known defects or history.

Customer: replied 10 months ago.
What if I am not asked about my car's history? I've had dealerships just look at my CARFAX report and not ask questions?
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Asad Rahman replied 10 months ago.

If they do not ask you are fine.

Customer: replied 10 months ago.
My car door was damaged, but nothing else was damaged to my car. The door was replaced with an OEM door, not aftermarket.If I am asked if my car was in an accident and I don't disclose that I was in a accident. What are the consequences? I'm in California.
Customer: replied 10 months ago.
What California code mandates that I disclose a prior car accident when selling my car?
Expert:  Asad Rahman replied 10 months ago.

If they discover it then they can sue you for fraud and overturn the sale or get a refund of some money.

Expert:  Asad Rahman replied 10 months ago.

Let me know if you have any additional questions otherwise a positive rating would be appreciated.

Customer: replied 10 months ago.
What California code mandates that I disclose the accident before selling it?
Customer: replied 10 months ago.
I would like to speak with you. Can I call you?
Expert:  Asad Rahman replied 10 months ago.

http://law.justia.com/codes/california/2010/veh/9990-9993.html

Also it is fraud if you are asked and do not disclose

Expert:  Asad Rahman replied 10 months ago.

Yes but there are additional charges

Customer: replied 10 months ago.
I'm not going to pay additional charges. I'll keep asking questions online.
Customer: replied 10 months ago.
The code states "For purposes of this chapter, damage sustained by a motor vehicle is material under any of the following circumstances..."What's the meaning of "damage sustained by a motor vehicle is material"? What is material?
Customer: replied 10 months ago.
The code that you sent appears to be for a car dealership not an individual seller. What's the definition of a dealer in this code?
Expert:  Asad Rahman replied 10 months ago.

It defines material damage as anything that is $500 or 3% of the car value. Any seller is a dealer here.

Expert:  Asad Rahman replied 10 months ago.

It is also basic contract law that you cannot lie to get someone to sign a contract.

Customer: replied 10 months ago.
You said that I don't have to disclose the accident if I am not asked, but this code states "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."Do I have to provide in writing that the car was in an accident even if I am not asked if the car was in an accident according to this code?The car is not new and it is registered. So, does section 9991 not apply to me?
Expert:  Asad Rahman replied 10 months ago.

If your damage cost meets the standard. You should fisclose however they ask you to do so. I know carmax does not really ask do you would be fine.

Customer: replied 10 months ago.
What do you mean if my damage costs meet the standard?
Expert:  Asad Rahman replied 10 months ago.

The calculation in the code. If you are not asked and they buy as is thrn you should be ok in my opinion.