What you must disclose as a seller
On the flip side, you may find yourself with a vehicle that’s been damaged in a natural disaster. If you choose to sell your vehicle yourself rather than dealing with an insurance company, there are some things you need to know.
Disclosing damage
First, it is possible to sell a vehicle that has “lived” through a flood or hurricane. According to auto regulation site DMV.org, “In most states, you, by law, must disclose whether the vehicle has been: salvaged, damaged in a flood, or rebuilt. In all three scenarios, this information should be stamped or marked on the title either as salvaged or rebuilt. This, at the very least, protects you from any potential down-the-road charges from the buyer that you concealed damage information.”[19]
Selling a salvaged vehicle as rebuilt
As the Tennessee Courier explains, “Keep in mind that there are lawful ways of reselling previously damaged vehicles. ‘Salvaged vehicles’ can be repaired and sold as ‘rebuilt vehicles’ so long as they comply with the applicable laws. The Motor Vehicle Commission requires that licensed dealers provide a disclosure of the vehicle’s history as previously been a ‘salvaged vehicle’ on a commission-approved form.” While these regulations apply specifically to residents in Tennessee, most states have similar laws.
Similarly, the North Carolina Department of Justice has the following regulations that apply to both dealerships and individual sellers:
“If a car has been salvaged, that information must be disclosed in writing before the car is sold. A vehicle is considered salvaged if it has been damaged to the extent that repairs to make it safe enough to drive would exceed 75 percent of its fair market value. This applies whether or not the car has been declared totaled by an insurer.
If a car has been damaged during a flood, this information must be disclosed in writing before the car is sold. A flood vehicle is one that has been submerged or partially submerged in water, causing damage to the body, engine or transmission.”[20]
Honesty is the best policy
Ultimately, the best thing you can do as a seller to protect yourself (and be a good person) is to be honest with the potential buyer. Consumer Reports suggests, “If you’re from an area affected by a flood and have a car that wasn’t damaged, be aware that buyers might suspect it was. Have a mechanic inspect your car before you put it up for sale so that you can present potential buyers with a clean bill of health.”[8]