Q: Is it really illegal to sell a used car with open recalls?
I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag and my driver side seat belt, both safety recalls. Mind you I did my part before buying the car too and enter the vin number into a recall site and nothing popped up. The Lexus dealership even gave me a car fax that listed no open recalls. The recalls are 4 months old and the dealer only had the car for a month was this supposed to be checked?
A: It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps the economy moving, so, any legal fight will almost assuredly go in favor of enforcing the K itself. I'd get the issues fixed at no charge by Nissan. If you end up unhappy with the fix or the car some attorney may be able to get you out of the K, maybe? Good luck with it.
Yelena Gurevich agrees with this answer
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