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AB-2111 Vehicle history reports: liability.(2019-2020)

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Date Published: 02/06/2020 09:00 PM
AB2111:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2111


Introduced by Assembly Member Maienschein

February 06, 2020


An act to add Section 11713.27 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2111, as introduced, Maienschein. Vehicle history reports: liability.
Existing law prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). The NMVTIS data provider may include in the vehicle history report additional history information obtained from resources other than NMVTIS.
This bill would provide that a dealer is not liable to a party to an actual or potential vehicle sale or lease for the accuracy of, or any errors or omissions contained in, a vehicle history report, as defined, if the inaccuracies, errors, or omissions contained in the report are not based on information provided to the vehicle history report provider by that dealer.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11713.27 is added to the Vehicle Code, to read:

11713.27.
 (a) A dealer who, in conjunction with the actual or potential sale or lease of a vehicle, arranges to provide, provides, or otherwise makes available to a vehicle purchaser, lessee, or other person a vehicle history report is not liable to the vehicle purchaser, lessee, or other person for the accuracy of, or any errors or omissions contained in, a vehicle history report that is obtained from a vehicle history report provider if the inaccuracies, errors, or omissions are not based on information provided to the vehicle history report provider by that dealer.
(b) For purposes of this section, the following definitions apply:
(1) “Vehicle history information” includes, but is not limited to, any of the following:
(A) Any accident or damage information on the vehicle.
(B) Number of previous owners of the vehicle.
(C) Information regarding service or maintenance history.
(D) Odometer reading.
(2) “Vehicle history report” means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN) regarding a specific vehicle.
(3) “Vehicle history report provider” means a private entity that provides vehicle history information and obtains data from all 50 states of the United States and the District of Columbia.