Brooks v. CarMax Auto Superstores California, LLC

A car dealer adequately “provided” an inspection certificate for a “certified” used vehicle by placing it in the glove compartment before the sale so that it could be reviewed by prospective buyers.  Vehicle Code 11713.18(a) provides that in order to call a used car “certified,” the dealer must “provide” the car buyer before the purchase with a completed inspection report indicating all the components inspected.  This decision holds that a dealer adequately “provides” the inspection certificate when it puts the certificate in the glove compartment before the sale so that it may be reviewed by prospective buyers—even if the dealer doesn’t point out the certificate and the buyer doesn’t see it until weeks after the purchase.  The decision also holds that the certificate complies with the statute when it states that the dealer inspected over 125 points, including a listed series of components.  The dealer does not violate section 11713.18 by in fact conducting an even more rigorous inspection of more components than the certificate indicates.  Finally, by providing that a violation of section 11713.18(a) is “actionable” under the CLRA and UCL, the Legislature did not abrogate those statutes’ requirements of proof of economic loss to establish an actionable claim or for purposes of standing to sue.

California Court of Appeal, Fourth District, Division 1 (McDonald, J.); April 1, 2016 (published April 18, 2016); 2016 WL 1293757

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