Good Morning sfmarq-ga!
I have listed below the Vehicle Codes from the California Department
of Motor Vehicles pertaining to your question. If you have any
additional questions about these rules, you can contact one of many
branch locations in your area. For a listing of offices, please go to
their website, located at:
( http://www.dmv.ca.gov/fo/fotoc.htm )
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2004 California Vehicle Code
285. Dealer" is a person not otherwise expressly excluded by Section 286 who:
(a) For commission, money, or other thing of value, sells, exchanges,
buys, or offers for sale, negotiates or attempts to negotiate, a sale
or exchange of an interest in, a vehicle subject to registration, a
motorcycle subject to identification under this code, or a trailer
subject to identification pursuant to Section 5014.1, or induces or
attempts to induce any person to buy or exchange an interest in a
vehicle and, who receives or expects to receive a commission, money,
brokerage fees, profit, or any other thing of value, from either the
seller or purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling vehicles
or buying or taking in trade, vehicles for the purpose of resale,
selling, or offering for sale, or consigned to be sold, or otherwise
dealing in vehicles, whether or not the vehicles are owned by the
person.
Amended Sec. 1, Ch. 539, Stats
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Motor Vehicles: Material Damage
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.
Added Ch. 1373, Stats. 1990. Effective January 1, 1991.
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Material Damage: Disclosure of Repairs
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.
Added Ch. 1373, Stats. 1990. Effective January 1, 1991.
Source:
California Department of Motor Vehicles
(http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm )
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So yes, it seems you would have to disclose that information to the buyer.
I hope this information is useful. If anything is unclear, please
request clarification; I'll be glad to offer further assistance before
you rate my answer.
Nenna-GA
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