California Motorcycle Seller Disclosure Statement
When selling a motorcycle in California, what you disclose in writing protects you from post-sale claims as much as the AS-IS clause. This guide covers exactly what to disclose, California-specific legal requirements, and a complete motorcycle disclosure checklist.
California: Certain disclosures are required by law
California's REG 262 (Statement of Facts) can be used to formally document known issues. While not legally required for every sale, it creates a paper trail that protects the seller.
California Required Disclosures
Smog check result within 90 days (for applicable vehicles)
Odometer reading at time of sale (federal requirement)
Any known material defects affecting safety or value
Salvage, rebuilt, or flood title history (must be on title)
Status of any active recall — disclosure strongly recommended
★ = Required or strongly recommended for California
Motorcycle Disclosure Checklist
Standard Fields (all motorcycles)
Year, Make, Model, Engine Size, VIN
Odometer/mileage at time of sale
Accident or tip-over history (yes/no)
Frame or fork damage (yes/no)
Rebuilt or salvage title (yes/no)
Current registration and insurance status
Motorcycle-Specific Fields
Tire condition (brand, age, tread depth)
Chain/belt/shaft drive condition and service
Valve clearance service history
Exhaust modifications (stock vs. aftermarket)
Cosmetic damage (tank, fairings, pipes)
Electrical issues (lighting, dash, charging)
High-Risk Hidden Defects to Check
Hidden crash damage (bent frame or forks from low-speed tips)
Seized engine from improper storage
Brake fluid age and master cylinder condition
Carburetor varnish from extended storage
California Fraud Liability
California Civil Code 1710 defines fraudulent concealment as an actionable tort. If you knowingly hide a material defect, the buyer can rescind the sale AND sue for damages, including attorney fees.
Disclosure vs. AS-IS: How They Work Together
| Scenario | Best Protection |
|---|---|
| Known defect — buyer discovers after sale | Written disclosure that buyer signed |
| Unknown defect — buyer discovers after sale | AS-IS clause in bill of sale |
| Buyer claims you misrepresented condition | Signed disclosure + AS-IS + signed bill of sale |
| Lemon law claim | Neither applies to private sales in most states |
| Odometer fraud | Only option: disclose accurately (federal crime to falsify) |
| Salvage title not disclosed | Cannot be cured by AS-IS — always disclose title brand |
Frequently Asked Questions
Is a seller disclosure form required in California?
Yes — California requires certain disclosures in motorcycle sales.
What is the difference between disclosure and AS-IS?
A disclosure statement lists what you KNOW about the vehicle. An AS-IS clause disclaims liability for what you DON'T know. Both together provide the strongest seller protection — use both.
Do I have to disclose open recalls?
Federal law does not require private sellers to disclose open recalls, but best practice strongly recommends it. Check recalls at NHTSA.gov and include a line in your disclosure noting whether any are open.
What happens if I don't disclose a known defect in California?
California Civil Code 1710 defines fraudulent concealment as an actionable tort. If you knowingly hide a material defect, the buyer can rescind the sale AND sue for damages, including attorney fees.
Create a California Motorcycle Bill of Sale
Include your disclosure statement with a professional bill of sale for complete seller protection.
Create California Motorcycle Bill of Sale