Q: A dealer sold me a car with a defective air bag. If injured in a subsequent, would I be able to sue the dealer?
An auto dealership, under current federal law, is permitted to sell a used vehicle which currently has an open recall. However, given that the dealer could have looked up the VIN and determined that there was an open recall on the vehicle, would a jury determine that the dealer was negligent in selling me the vehicle? The sales guy told me there was not an open recall, but when I signed my paperwork, they had a piece of paper that says the car has a recall. I looked up the VIN and verified that it does. Even if they had a piece of paper that said there was a recall, doesn't the dealer have to blatantly point out the recall, especially if it involves a potentially lethal Takata air bag? Can they really shirk off all legal liability with a piece of paper, when they clearly lied to me on the sales floor? Would a sympathetic jury award damages to a victim and charge the dealership with negligence? I'm interested in finding out how to go after the dealership.
A: The disclosure in writing suffices. It potentially replaces the mistaken recall information provided by the salesperson, depending on the facts and whether fraud can be proven if a rarified situation applies here. Contracts are what count and should be read. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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