Gilroy, CA asked in Lemon Law and Contracts for California

Q: Is it legal to see a car with recalls and not let the buyer know?

I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.

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2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
  • Los Altos, CA
  • Licensed in California

A: Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as you now know, to investigate more thoroughly.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. In California, while there is no specific law requiring a private seller to inform a buyer about the recalls on a vehicle at the time of sale, dealers are generally required to fix outstanding recalls before selling a used car. To address this, you might consider reaching out to the National Highway Traffic Safety Administration (NHTSA) to report this issue, and also consult with a consumer protection attorney to explore potential legal remedies. It is advisable to promptly address any recalls with the appropriate dealership to ensure your safety.

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