California VIN Search

California Vehicle Identification Numbers

In the state of California, it is against the law to intentionally alter or knowingly destroy a Vehicle Identification Number. In fact, the state of California has two laws on the books for this crime, one a misdemeanor (Vehicle Code 10750 VC) and one (Vehicle Code 10802 VC) is a felony. These crimes also differ in the following ways:

• Vehicle Code 10750 – the least serious of the two crimes involving the alteration or destruction of a VIN. This crime is a misdemeanor and is punishable by:
  • Up to one (1) year in a county jail, and/or
  • A fine of up to $1,000.

However, if it believed that someone tampered with the VIN number to either misrepresent or hide the identity of the vehicle or a part of the vehicle with the intention of selling or transferring it, then you may be charged under Vehicle Code 10802 VC. This law is known as a California “wobbler” offense, meaning that the individual can be charged with a felony or a misdemeanor under the same crime.

Why would someone be charged a misdemeanor rather than a felony in the Vehicle Code 10802 VC and what are differences in punishments?

• When charged as a misdemeanor, the penalties can be:
  • Up to one (1) year in the county jail; and/or
  • A fine of up to $1,000.

• When charged as felony, the penalties can vary:
  • 16 months – 36 months in the county jail; and/or
  • A fine of up to $25,000.

Often, those who are charged under California Vehicle Code 10802 VC are charged with other crimes as well:

• California Vehicle Code 10801, Operating a “chop shop;” and/or
• California Vehicle Code 10803, possession of multiple vehicles or auto parts with altered VINs.

California Legislative Code regarding VINs
&
California Law Section

Should I do a VIN search before purchasing a car?

Yes. It is always recommended that you have at least a license plate, a Motor Vehicle Record Request, and at least a basic VIN check conducted before you purchase a car. The state of California has a link on the Department of Motor Vehicles website which can allow you to search for the Vehicle Record Request.

The National Insurance Crime Bureau offers a free service to the public which will let you if the vehicle has been reported stolen and not recovered, or if it has been previously reported as a salvage vehicle.

• Information the Title of the Vehicle;
• Most recent Odometer Reading;
• The Brand History (“brand” is a label that the states assign to vehicles which identify the current or prior condition, and can include “junk,” “salvage,” and “flood.”) and sometimes;
• Historical Theft Data.

Another searchable database that is very useful is the National Motor Vehicle Title Information System which is for cars that have been in the possession of auto recyclers, junk yards, and salvage yards. Places such as salvage yards and auto recyclers are considered easy prey for thieves, and therefore they are more heavily regulated by the government and the data to be reported is mandated, including:

• The name, address, and contact information for the reporting entity;
• The VIN;
• The date the automobile was obtained;
• The name of the person or entity from whom the automobile was obtained;
• A statement of whether the automobile was crushed or disposed of, or offered for sale or other purposes; and
• Whether the vehicle is to be exported out of the country.

The Attorney General of the state of California offers some basic recommendations before you put down your money on a car. Research cars and find one that best suits your needs and your budget and then shop around for the best price. Be prepared to walk away if you do not feel that your questions are being answered or if you are feeling uncomfortable or pressured.

Before you buy or lease a car:

• Do your research and know the value of the vehicle. The Attorney General recommends comparison shopping, newspaper ads, and using publications such as the National Automobile Dealer’s Association (NADA) Guides, Edmunds, Kelley Blue Book, and Consumer Reports;
• Carefully read and review the contract. Don’t sign anything that you don’t understand;
• Make sure that you understand the manufacturer’s warranty;
• If you are offered an extended warranty it will probably be at an increased price. Know what that warranty covers before you spend the extra money;
• If you will be getting a loan for the car you should compare interest rates. You are more likely to get a better interest rate directly from the bank rather than when you go through the dealer;
• Get a NMVTIS report. If you are purchasing a used car from a licensed dealer they must have an NMVTIS report on the car available for you to see;
• If you are buying a car out of state, make sure that the car can meet the California smog laws. If not, you will not be able to register the car in the state of California; and
• Check to see if the vehicle has any recalls, especially for safety issues, and whether it has been repaired yet or not. You can check the National Highway Traffic Safety Administration and the Center for Auto Safety websites.

The California Attorney General also has a section called the “Car Buyer’s Bill of Rights.” These are rights that give consumers extra protection when they purchase a new or used car from a licensed California dealer:

• Buyer Disclosures – dealers must give consumers an itemized price list for optional items that can be added on to the contract, including: service contracts, insurance, and anti-theft devices;
• Credit Score Disclosure – if you opt to finance your vehicle through the dealer then the dealer is responsible for providing you a copy of your credit score and a written explanation of how it is used;
• Limit on Markups – when you finance a car through a dealer, they can add a hidden markup which increases the interest rate on your loan. The Bill of Rights limits the amount of compensation that a dealer can receive from the lender;
• Certified Used Cars – if a used car is advertised as “certified” it must meet specific requirements. The dealer is required to perform a complete inspection of the vehicle and must provide you with a copy of the report; and
• Right to Cancel Used Car Purchases – typically for used cars, this allows consumers to purchase a two-day cancellation. This allows you to test drive the vehicle and to take it to your own trusted mechanic. Dealers can charge a nonrefundable fee for the contract cancellation option.

Auto Repair Shops in the state of California must be registered with the California Bureau of Automotive Repair (CBAR). Before you take your car to a repair shop you should make sure that they are registered and/or if any disciplinary measures have been taken against the repair shop. To do this you can visit the CBAR website or call them at 800-952-5210. Repair shops are also required to give you a written estimate before any repairs are begun and the shop can’t legally charge you more that the written estimate without your approval.

California Department of Motor Vehicles on Buying a out-of-state Vehicle:

Buying an Out of State Vehicle

Safety Reports from the National Highway Transportation Safety Board:

NHTSA

Center for Auto Safety

California DMV Motor Vehicle Record Request link

National Insurance Crime Bureau

National Motor Vehicle Title Information System

National Automobile Dealer Association Guide

Kelley Blue Book Guide

Consumer Reports for Cars

Office of the Attorney General in California – Buying and Maintaining a Car Guide:

Buying and Maintaining a Car

Car Buyer’s Bill of Rights (FFVR 35)

California Bureau of Auto Repair

Lemon Law in California

Lemon Laws are laws which are written to protect the consumer from defective equipment and companies which do not honor warranties. In California, the lemon law, also known as the Tanner Consumer Protection Act, generally covers new cars, dealer-owner vehicles, “demonstrator” cars, and used cars which are either sold or leased in the state of California and come with a manufacturer’s new car warranty. Also, members of our military who have purchased a car outside of the state of California but are now stationed in, or residents of, California are covered even if the vehicle in question was purchased outside of the state.

Any car which has been determined to be a lemon and is repurchased by the dealer and then resold must be identified as a “lemon law buyback” and have a “lemon” sticker on their door. If this information is not disclosed and the vehicle is sold “as is” the consumer may still be protected under the Federal Lemon Law.

While most states specify a specific number of repairs that must be attempted before the consumer can contact the state or an attorney and begin the process of getting their money back or getting a replacement vehicle, California does not have a specific timeline. However, the state law presumes that the car is a lemon if, within eighteen months or 18,000 miles, the car has not been repaired successfully after:

• Two (2) attempts or more to fix a problem which is likely to cause death or a serious injury if the car is driven;
• Four (4) attempts or more to repair a problem which is reoccurring; or
• The vehicle has been out of service and in the repair shop for 30 or more days, which need not be consecutive.

It is important to keep notes of conversations, receipts, and copies of correspondence because proper and complete documentation will only serve to strengthen your case. If it is determined that your car is a lemon the manufacturer must either replace the car with a car of comparable value or reimburse the owner an amount equal to the purchase price.

Links to California Assistance with Lemon Laws

• To file a Complaint against the Car dealer – contact the DMV Division of Investigations. There is an online form, the DMV Record of Complaint Form, that you can complete;
• To file a complaint against a vehicle repair shop – contact the California Bureau of Automotive Repair. There is an online form you can fill out. There is also “A Consumer’s Guide to Auto Repair on the site;
• New Motor Vehicle Board – they provide an informal mediation program which can help consumers resolve problems with motor vehicle dealers. If you have a contractual dispute or a warranty/lease dispute the Consumer Mediation Services Program.
• Better Business Bureau (BBB) – allows consumers to register complaints about area businesses and provides a Lemon Law Dispute Resolution Program
• Consumer Motor Vehicle Recovery Corporation – Recovery Fund – if the auto dealer has either gone out of business or failed to honor the terms of your contact you can contact the CMRVC to help. If your claim is approved the CMRVC may help reimburse you for your financial losses due to the dealer’s failure to honor the terms of the contract. You can contact them at their website or call them at 800-961-6175
• Vehicle Recall and Safety Issues – The National Highway Traffic Safety Administration provides information about vehicle safety issues and recall information about vehicles. They also have information about car seats with ratings, recalls, and how to use them correctly. You can contact them at the NHTSA website or by calling the Auto Safety Hotline at 1-888-327-4236.

California Department of Motor Vehicles Lemon Law Buyback Vehicles

California Department of Motor Vehicles Online Complaint Forms

California Department of Motor Vehicles Reporting Fraud

California Bureau of Auto Repair

California Consumer’s Guide to Auto Repair

California New Motor Vehicle Board

California New Motor Vehicle Board Consumer Mediation Services

Better Business Bureau

Better Business Bureau Dispute Resolution Program

Consumer Motor Vehicle Recovery Corporation Recovery Fund

National Highway Transportation Auto Safety Administration