(a) It shall be unlawful for any transferor of a motor vehicle to do any of the following:
(1) Transfer a motor vehicle up to and including five model years old when the transferor has knowledge that the vehicle has been involved in a collision or other occurrence to the extent that the cost of repairing that vehicle, excluding the cost to replace the air bag restraint system, exceeds twenty-five percent (25%) of its fair market retail value at the time of the collision or other occurrence, without disclosing that fact in writing to the transferee prior to the transfer of the vehicle.
(2) Transfer a motor vehicle when the transferor has knowledge that the vehicle is, or was, a flood vehicle, a reconstructed vehicle, or a salvage motor vehicle, without disclosing that fact in writing to the transferee prior to the transfer of the vehicle.
(3) Transfer a motor vehicle when the transferor has knowledge that a counterfeit supplemental restraint system, or a nonfunctional airbag, or no airbag has been installed in the vehicle. For purposes of this subdivision, in the event the owners of a franchised motor vehicle dealer, as defined in G.S. 20-286(8b), have no actual knowledge that a counterfeit supplemental restraint system component or nonfunctional air bag has been installed in a vehicle, knowledge by any other person shall not be imputed to the franchised motor vehicle dealer or its owners, and the franchised motor vehicle dealer or its owners shall not be deemed to have committed an unlawful act under this subdivision.
(a1) For purposes of this section, the term "five model years" shall be calculated by counting the model year of the vehicle's manufacture as the first model year and the current calendar year as the final model year. Failure to disclose any of the information required under subsection (a) of this section that is within the knowledge 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 be unlawful for any person to remove the title or supporting documents to any motor vehicle from the State of North Carolina with the intent to conceal damage (or damage which has been repaired) occurring as a result of a collision or other occurrence.
(c) It shall be unlawful for any person to remove, tamper with, alter, or conceal the "TOTAL LOSS CLAIM VEHICLE" tamperproof permanent marker that is affixed to the doorjamb of any total loss claim vehicle. It shall be unlawful for any person to reconstruct a total loss claim vehicle and not include or affix a "TOTAL LOSS CLAIM VEHICLE" tamperproof permanent marker to the doorjamb of the rebuilt vehicle. Violation of this subsection shall constitute a Class I felony, punishable by a fine of not less than five thousand dollars ($5,000) for each offense.
(d) Violation of subsections (a) and (b) of this section shall constitute a Class 2 misdemeanor.
(e) The provisions of this section shall not apply to a State agency that assists the United States Department of Defense with purchasing, transferring, or titling a vehicle to another 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); 2019-155, s. 2.)
Part 4. Transfer of Title or Interest.
Notes of Decisions
Bowman v. Alan Vester Ford Lincoln Mercury, 566 S.E.2d 818 (N.C. Ct. App. 2002).
· cites it 23× “Defendants argue that they properly alleged that Mike’s violated N.C. Gen. Stat. § 20-71.4 (2001), which provides in relevant part as follows: It shall be unlawful and constitute a Class 2 misdemeanor for any transferor who knows or reasonably should know that: (1) A motor…”
Blankenship v. Town & Country Ford, Inc., 574 S.E.2d 132 (N.C. Ct. App. 2002).
· cites it 12× “Plaintiffs filed suit against defendant, alleging failure to disclose damage to the vehicle pursuant to N.C. Gen. Stat. § 20-71.4 (2001), fraud and unfair and deceptive trade practices and claiming punitive damages.”
Sain v. Adams Auto Grp., Inc., 781 S.E.2d 655 (N.C. Ct. App. 2016).
· cites it 10× “" *664 Plaintiffs cite N.C. Gen.Stat. § 20-71.4 in support of their argument that Capital One owed a duty to Plaintiffs, the ultimate consumers, to disclose the collision and damage.”
Blankenship v. Town & Country Ford, Inc., 622 S.E.2d 638 (N.C. Ct. App. 2005).
· cites it 8× “Plaintiffs alleged that defendant violated the Motor Vehicle Act, N.C. Gen. Stat. § 20-71.4 , by failing to disclose that the vehicle sustained damage in a collision in excess of 25% of its value; that such failure to disclose constituted an unfair and deceptive trade practice…”
Wilson v. Sutton, 476 S.E.2d 467 (N.C. Ct. App. 1996).
· cites it 6× “4, as it was in effect at all times pertinent to this case provides in part: (a) It shall be unlawful and constitute a misdemeanor for any transferor who knows or reasonably should know that a motor vehicle has been involved in a collision or other occurrence to the extent that…”
Payne v. Parks Chevrolet, Inc., 458 S.E.2d 716 (N.C. Ct. App. 1995).
· cites it 6× “4 provides that: (a) It shall be unlawful and constitute a misdemeanor for any transferor who knows or reasonably should know that a motor vehicle has been involved in a collision or other occurrence to the extent that the cost of repairing that vehicle exceeds twenty-five…”
In Re Brokers, Inc., 407 B.R. 693 (Bankr. M.D.N.C. 2009).
· cites it 2× “N.C. Gen.Stat. § 20-71.4 8 . This photo also shows that a number of vehicles were pulled out of the fenced in area and parked along the highway in front of the HB Auto Sales Lot, a practice, according to Hassan Ahmadi, that was generally reserved for when HB Auto was open for…”
Downey v. Martin, 677 S.E.2d 15 (N.C. Ct. App. 2009).
· cites it 24× “Approximately five months later on 5 May 2008, Plaintiff filed a complaint in small claims court against Defendants alleging Defendants violated N.C. Gen. Stat. § 20-71.4 (a)(2) by selling to Plaintiff the vehicle without first informing Plaintiff in writing that the vehicle was…”
Sain v. Adams Auto Grp. (N.C. Ct. App. 2016).
· cites it 10× “” Plaintiffs cite N.C. Gen. Stat. § 20-71.4 in support of their argument that Capital One owed a duty to Plaintiffs, the ultimate consumers, to disclose the collision and damage.”
O'Shields v. Columbia Auto., LLC (S.C. Ct. App. 2021).
· cites it 2× “See N.C. Gen. Stat. § 20-71.4 . (a)(2) ("It shall be unlawful for any transferor of a motor vehicle to .”
Alexander v. Daimlerchrysler Corp., 2004 NCBC 2 (N.C. Bus. Ct. 2004).
· cites it 3× “N.C.G.S. § 20-71.4 is instructive in that it evidences the General Assembly’s knowledge of the existence of a different device to protect consumers.”
— N.C. Gen. Stat. § 20-71.4(a) — 4 cases
Bowman v. Alan Vester Ford Lincoln Mercury, 566 S.E.2d 818 (N.C. Ct. App. 2002).
“Defendants argue that they properly alleged that Mike’s violated N.C. Gen. Stat. § 20-71.4 (2001), which provides in relevant part as follows: It shall be unlawful and constitute a Class 2 misdemeanor for any transferor who knows or reasonably should know that: (1) A motor…”
Wilson v. Sutton, 476 S.E.2d 467 (N.C. Ct. App. 1996).
“4, as it was in effect at all times pertinent to this case provides in part: (a) It shall be unlawful and constitute a misdemeanor for any transferor who knows or reasonably should know that a motor vehicle has been involved in a collision or other occurrence to the extent that…”
Payne v. Parks Chevrolet, Inc., 458 S.E.2d 716 (N.C. Ct. App. 1995).
“4 provides that: (a) It shall be unlawful and constitute a misdemeanor for any transferor who knows or reasonably should know that a motor vehicle has been involved in a collision or other occurrence to the extent that the cost of repairing that vehicle exceeds twenty-five…”
Downey v. Martin, 677 S.E.2d 15 (N.C. Ct. App. 2009).
“Approximately five months later on 5 May 2008, Plaintiff filed a complaint in small claims court against Defendants alleging Defendants violated N.C. Gen. Stat. § 20-71.4 (a)(2) by selling to Plaintiff the vehicle without first informing Plaintiff in writing that the vehicle was…”
— N.C. Gen. Stat. § 20-71.4(a)(1) — 1 case
Sain v. Adams Auto Grp., Inc., 781 S.E.2d 655 (N.C. Ct. App. 2016).
“" *664 Plaintiffs cite N.C. Gen.Stat. § 20-71.4 in support of their argument that Capital One owed a duty to Plaintiffs, the ultimate consumers, to disclose the collision and damage.”
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