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Dealer paperwork reference · Updated October 2026

Damage disclosure statement: the thresholds and forms by state

In some states you have to tell the buyer, in writing and before the sale, that the car took damage past a set percentage of its value. The line is 25% in North Carolina and 80% in Minnesota. This guide covers what the statement is, who signs it, how it differs from the odometer statement and a branded title, and each state's rule and form we've verified.

Quick answer
What it is
The seller's written statement of whether the car's damage passed the state's threshold
Who signs
The seller (your dealership on a retail sale) certifies; the buyer signs to acknowledge
When
Before the transfer, or at the sale at the latest, depending on the state
Thresholds
NC 25%, ND $10,000 or 25%, IA 70%, NY 75%, MN 80%. Massachusetts has none
Where it goes
A state form (NC MVR-181, ND SFN 18609, NY MV-103), or the title or title application

What a damage disclosure statement is

It's a yes-or-no certification about one car. Did it take damage from a collision or another event that passed a set share of its value? The seller answers, signs, and hands it to the buyer. In most of the states below, the statement then goes in with the title paperwork.

The threshold is the part that changes by state. North Carolina compares the repair cost, not counting airbag replacement, to 25% of fair market retail value. Iowa uses 70% of the car's value before the damage. New York asks about damage over 75% of retail value. Minnesota's line is 80% of actual cash value. North Dakota uses the greater of $10,000 or 25% of pre-damage NADA retail value.

Most states also limit it by age. North Carolina's 25% question covers five model years. Iowa and North Dakota cover 2019 and newer in 2026. New York's DMV says its damage statement is completed at any age.

Who gives it, and when

The seller. On a retail sale that's your dealership. On a trade-in it flips: the customer discloses to you. North Carolina and Iowa make dealers keep the disclosures they receive as well as the ones they give.

Before the transfer. North Carolina's G.S. 20-71.4 requires it in writing before the transfer. Iowa requires it at or before the sale. Hawaii and D.C. require their written damage notice before you offer the car. Get the buyer's signature before the contract, not at delivery.

From what you know. Minnesota's duty runs on what the seller actually knows. Iowa's form asks what you know, and the statute requires the separate form when you know or reasonably should know about an out-of-state brand. Run a history report on every car you buy so your answers have something behind them.

How it differs from the odometer statement and a branded title

The odometer statement is federal. 49 CFR Part 580 requires it on every covered transfer, in every state, with the same content. The damage disclosure is state law, so whether you need one, and what it asks, depends on where you sell. Some states put both on one page: New York's MV-103 is the Odometer and Damage Disclosure Statement, and Minnesota's PS2000 has both in Section B. See the odometer disclosure statement guide for the federal rules.

A branded title is what the state prints after a car is declared salvage, rebuilt or flood. A damage disclosure is your statement about the car at the sale, and in several states it reaches damage well below the salvage line. In North Dakota, salvage starts above 75%, but damage at the greater of $10,000 or 25% has to be disclosed and puts PREVIOUSLY DAMAGED on the next title. Brand disclosure rules are their own topic; we cover them state by state in salvage and branded title disclosure by state.

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Damage disclosure rules and forms by state

These are the states where we've read the statute and the form. Each threshold below is the state's own wording, shortened. A state that isn't listed may still have a rule we haven't verified, so check with your state agency.

Damage disclosure thresholds and forms by state
StateThreshold ruleFormWalkthrough
North CarolinaRepair cost (minus airbag replacement) over 25% of fair market retail value, for vehicles five model years old or newer (2022 to 2026 in 2026). Salvage, flood and reconstructed at any age.
G.S. 20-71.4
MVR-181 Damage Disclosure StatementBox by box
IowaRepair cost over 70% of fair market value before the damage, or a salvage, rebuilt or flood title in any state. Seven model years old or newer (2019 and newer in 2026).
Iowa Code § 321.69, § 321.52(4)(e)
Back of the Iowa title, or Form 411108 when the title isn't available or an out-of-state brand isn't on itBox by box
North DakotaDamage equal to or over the greater of $10,000 or 25% of pre-damage NADA retail value brands the title PREVIOUSLY DAMAGED. Over 75% is salvage. Current model year and the seven before it (2019 and newer in 2026).
NDCC 39-05-17.2
SFN 18609 Damage/Salvage Disclosure StatementBox by box
New YorkHas or has not been damaged so that rebuilding costs more than 75% of retail value at the time of loss. The DMV says the damage statement is completed regardless of age.
NY DMV MV-103 (5/25)
Back of the title and the MV-50; MV-103 Odometer and Damage Disclosure Statement when those lack the sectionBox by box
MinnesotaDamage over 80% of actual cash value immediately before the damage, measured by the retail repair cost, when the seller actually knows of it. Dealers also disclose it in writing and out loud (except online sales), and the buyer signs.
Minn. Stat. § 325F.6641
Damage disclosure in Section B of the PS2000 title application (VTAP for dealers)Box by box
MassachusettsNo percentage threshold. A salvage title must be fully and fairly disclosed, and a rebuilt total loss goes on the purchase contract.
c. 90D § 20C(d), 940 CMR 5.04(2)(c)
No state formBox by box
HawaiiWritten notice, before offering the car, of known fire, water, collision or other damage that cost more than $1,000 in parts and labor to repair. The chapter exempts cars under $1,500, five or more years old, or over 75,000 miles when stated in writing.
HRS 481J-4, 481J-3
No state form—
District of ColumbiaWritten notice, before offering the car, of known fire, water, collision or other damage that cost more than $1,000 to repair.
D.C. Code § 50-505
No state form; the notice goes on the car order and bill of sale (16 DCMR 1421)—
New MexicoAffidavit at the sale on whether the car had alteration or chassis repair due to wreck damage. Not required when that repair cost less than 6% of the sale price.
NMSA 57-12-6
Affidavit; a model form is printed in 12.2.14 NMAC—

Looking for Texas? We haven't verified a Texas damage disclosure statement form. Texas rebuilt-salvage cars get a window disclosure and a separate buyer signature at the sale, covered in the branded title post.

Checked October 2026. States revise forms, so confirm you have the current revision before you file.

Records and penalties

  • North Carolina. Keep a copy of every damage disclosure you give or receive for four years (19A NCAC 03D .0219). A violation of G.S. 20-71.4 is a Class 2 misdemeanor. A buyer can sue under G.S. 20-348 for the greater of three times actual damages or $1,500, plus attorney fees, where the seller intended to defraud.
  • Iowa. Keep every disclosure where you're the seller or the buyer for five years, and show them to the DOT or the attorney general on request (Iowa Code § 321.69(6)). A false or missing disclosure is a fraudulent practice, and a dealer's failure to comply also violates the consumer fraud law.
  • North Dakota. The form warns that a false statement is a Class A misdemeanor, and the department won't transfer the title without the statement (NDCC 39-05-17.2).
  • New York. The DMV says failing to disclose salvage history carries a fine of up to $2,000, plus any Penal Law penalties.
  • Minnesota. The buyer signs the dealer's written disclosure, and it stays in the dealer's sales file (Minn. Stat. § 325F.6641).
  • District of Columbia. Missing, false or misleading notices are fined. A first offense is $300 to $1,000 (D.C. Code § 50-505).
  • New Mexico. Leaving out a required affidavit is prima facie evidence of willful misrepresentation, and a violation is a misdemeanor (NMSA 57-12-6).

How DealerVLO handles damage disclosures

  • North Carolina: NC deals include the state's MVR-181, filled with the year, make, body style, VIN, your dealership's address and the date. If the car's title brand is recorded as salvage, rebuilt or flood, that question is marked Yes. The 25% damage, recovered theft and reconstructed questions stay for you to answer.
  • Massachusetts: MA deals include a damage disclosure worksheet with the vehicle filled in, since the state has no official form. You mark each line.
  • Minnesota: DealerVLO fills the official PS2000 from the deal but leaves the damage disclosure blank for you to mark before signing.
  • North Dakota: the SFN 18609 PDF is fillable. Upload it once under Settings → Forms and the vehicle, buyer and dealership boxes fill from every deal. The damage answers stay with you.
  • Iowa and New York: fill these yourself. Iowa's 411108 is only on the DOT's online forms portal, and New York's MV-103 PDF is encrypted in a way our form uploader can't open.

It never answers a damage question it can't back up from the deal, and it never signs for you. A clean history it doesn't know about isn't proof of a clean car.

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Damage disclosure statement FAQ

What is a damage disclosure statement?

It's the seller's written statement, given to the buyer before or at the sale, of whether the car has damage past a level the state sets. North Carolina's line is 25% of fair market retail value, Iowa's is 70% of pre-damage value, New York's is 75% of retail value, and Minnesota's is 80% of actual cash value. Some states, like North Carolina, North Dakota and New York, publish a form for it. Others, like Iowa and Minnesota, put it on the title or the title application.

What is an odometer and damage disclosure statement?

That's the name of New York's form MV-103. The top half is the federal odometer disclosure; the bottom half is the damage disclosure, where the seller checks whether the car has or has not been damaged past 75% of its retail value. Dealers use it when the title or the MV-50 certificate of sale doesn't have the disclosure section. Checking "has" means an anti-theft examination before registration and a "Rebuilt Salvage: NY" title.

Do I need a damage disclosure statement in New York?

You need the damage disclosure; you usually don't need the separate form. On most New York sales it's made on the back of the title and on the dealer's MV-50. The MV-103 is for a title or certificate of sale without that section. Unlike the odometer part, the DMV says the damage statement has to be completed regardless of the car's age.

What is the damage disclosure in Minnesota?

Under Minn. Stat. § 325F.6641, a seller who actually knows the car took damage over 80% of its actual cash value right before the damage has to disclose it in writing on the title application. That's the damage disclosure in Section B of the PS2000, which dealers complete through VTAP. A licensed dealer also has to disclose it in a sales presentation, in writing and, except for online sales, out loud. The buyer signs the written disclosure and the dealer keeps it in the sales file.

Is there a Texas damage disclosure statement?

We haven't verified a Texas damage disclosure statement form, so it isn't in our table. What we have verified for Texas dealers is the rebuilt-salvage rule: a car once titled salvage needs a window disclosure while it's for sale, and the buyer signs a separate acknowledgment at the sale (43 Tex. Admin. Code § 215.160). Check with TxDMV before relying on any form a website lists for Texas.

Is a damage disclosure the same as a salvage or branded title?

No. A brand is what the state prints on the title after a car is declared salvage, rebuilt or flood. A damage disclosure is the seller's statement about the car's damage at the sale, and in several states it reaches damage below the salvage line. In North Dakota, damage at the greater of $10,000 or 25% of value is disclosed and brands the next title PREVIOUSLY DAMAGED, while salvage starts above 75%.

How long do dealers keep damage disclosure statements?

It depends on the state. North Carolina dealers keep every damage disclosure they give or receive for four years (19A NCAC 03D .0219). Iowa dealers keep them for five years (Iowa Code § 321.69(6)). Minnesota dealers keep the buyer-signed disclosure in the sales file. Keep the ones customers give you on trade-ins too.

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