§ 20-71.4. Failure to disclose damage to a vehicle shall be a misdemeanor.
§ 20‑71.4. Failure todisclose damage to a vehicle shall be a misdemeanor.
(a) It shall beunlawful for any transferor of a motor vehicle to do any of the following:
(1) Transfer a motorvehicle up to and including five model years old when the transferor hasknowledge that the vehicle has been involved in a collision or other occurrenceto the extent that the cost of repairing that vehicle, excluding the cost toreplace the air bag restraint system, exceeds twenty‑five percent (25%)of its fair market retail value at the time of the collision or otheroccurrence, without disclosing that fact in writing to the transferee prior tothe transfer of the vehicle.
(2) Transfer a motorvehicle when the transferor has knowledge that the vehicle is, or was, a flood vehicle,a reconstructed vehicle, or a salvage motor vehicle, without disclosing thatfact in writing to the transferee prior to the transfer of the vehicle.
(a1) For purposes of thissection, the term "five model years" shall be calculated by countingthe model year of the vehicle's manufacture as the first model year and thecurrent calendar year as the final model year. Failure to disclose any of theinformation required under subsection (a) of this section that is within theknowledge of the transferor will also result in civil liability under G.S. 20‑348.The Commissioner may prepare forms to carry out the provisions of this section.
(b) It shall beunlawful for any person to remove the title or supporting documents to anymotor vehicle from the State of North Carolina with the intent to concealdamage (or damage which has been repaired) occurring as a result of a collisionor other occurrence.
(c) It shall beunlawful for any person to remove, tamper with, alter, or conceal the"TOTAL LOSS CLAIM VEHICLE" tamperproof permanent marker that isaffixed to the doorjamb of any total loss claim vehicle. It shall be unlawfulfor any person to reconstruct a total loss claim vehicle and not include oraffix a "TOTAL LOSS CLAIM VEHICLE" tamperproof permanent marker tothe doorjamb of the rebuilt vehicle. Violation of this subsection shallconstitute a Class I felony, punishable by a fine of not less than fivethousand dollars ($5,000) for each offense.
(d) Violation ofsubsections (a) and (b) of this section shall constitute a Class 2 misdemeanor.
(e) The provisions ofthis section shall not apply to a State agency that assists the United StatesDepartment of Defense with purchasing, transferring, or titling a vehicle toanother State agency, a unit of local government, a volunteer fire department,or a volunteer rescue squad. (1987, c. 607, s. 1; 1987 (Reg. Sess., 1988), c.1105, s. 3; 1989, c. 455, s. 4; 1989 (Reg. Sess., 1990), c. 916, s. 2; 1993, c.539, s. 337; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑212, s. 27.8(b); 2003‑258,s. 2; 2009‑550, s. 2(a).)