Quick answer
California dealers must pull a federal NMVTIS title history report before offering a used car for sale. If it shows the car was salvaged, junked, or has a title brand, the dealer must post a red warning on the car and give you the report on request. If a dealer hid a salvage or branded title, you may be able to cancel the deal or recover damages.
Key takeaways
- Dealers must get an NMVTIS vehicle history report before displaying a used car for retail sale (Vehicle Code § 11713.26).
- A salvage, junk, or branded title requires a red WARNING sign on the car, near the FTC Buyer's Guide.
- You can ask the dealer for a copy of the NMVTIS report before you buy.
- A salvage history can affect the car's value, safety, warranty, and insurance.
- Hiding it can also violate the Consumers Legal Remedies Act and count as fraud by concealment.
What California requires of dealers
Since 2012, Vehicle Code § 11713.26 has required California dealers to obtain a National Motor Vehicle Title Information System (NMVTIS) report for a used car's VIN before displaying or offering it for retail sale.
If the report shows the car is or was a junk or salvage vehicle, was reported as a total loss by an insurer, or has a brand on its title, the dealer must post a warning on the car in large bold type on a red background, close to the FTC Buyer's Guide window sticker. The warning tells buyers the history "may materially affect the value, safety, and/or condition of the vehicle" and that the warranty may be affected. The dealer must also give you a copy of the report if you ask before the sale.
Why a salvage or branded title matters
- Value: branded-title cars are usually worth far less, and many lenders and buyers won't touch them.
- Safety: a car rebuilt after a total loss may have hidden structural or airbag problems.
- Warranty and insurance: the manufacturer's warranty may be limited, and some insurers restrict coverage.
If the dealer didn't tell you
Selling a car without the required warning, or saying it had a clean title, can violate the Consumers Legal Remedies Act, which prohibits misrepresenting a product's characteristics or condition. Knowingly hiding a material fact like a salvage history can also be fraud by concealment.
Possible remedies include canceling the contract, getting your money back, actual damages for the lost value, and attorney's fees paid by the dealer if you win under the CLRA.
What to do next
- Run your VIN through an approved NMVTIS provider (listed at vehiclehistory.gov) and save the report.
- Find your contract, the window stickers, and any ads or messages describing the car.
- Write down whether you saw a red WARNING sign on the car before you bought it.
- Request a free case review.
Frequently asked questions
Sources
- California Vehicle Code § 11713.26 (NMVTIS report and salvage warning)
- NMVTIS: vehiclehistory.gov
- California Civil Code § 1770 (Consumers Legal Remedies Act: prohibited practices)
This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.
More on this topic: California car buyer rights & dealer fraud overview