Yes, you can sue a car dealer for selling a recalled or unsafe vehicle, depending on your state’s laws and the specific circumstances of your case. When dealers knowingly sell vehicles with active safety recalls or misrepresent a vehicle’s safety status, they may be violating state consumer protection laws, committing fraud, or breaching their warranty obligations.
At The Law Office of Hillel Traub, we understand the frustration and potential danger of purchasing a vehicle only to discover it has unresolved safety recalls or hidden defects. With over 30 years of experience, including as a former lawyer for the Maryland Motor Vehicle Administration (MVA), attorney Hillel Traub has the knowledge and experience to help Maryland consumers who have been victimized by dealership fraud or misrepresentation.
- Understanding Vehicle Recalls and Dealer Obligations
- Legal Remedies for Purchasing a Recalled Vehicle
- Protecting Yourself When Buying a Vehicle
- Contact an Experienced Maryland Auto Fraud Attorney
Understanding Vehicle Recalls and Dealer Obligations
Vehicle recalls occur when manufacturers or the National Highway Traffic Safety Administration (NHTSA) determine that a vehicle has a safety-related defect or fails to meet minimum safety standards. These recalls can range from minor issues to serious safety hazards that could potentially cause accidents, injuries, or even fatalities.
In most states, dealers are not explicitly prohibited from selling used vehicles with open recalls. However, they are generally required to disclose known material facts about a vehicle’s condition. Selling a recalled vehicle without disclosure may constitute:
- Misrepresentation or fraud if the dealer actively concealed the recall status
- Violation of implied warranties that the vehicle is reasonably safe for its intended use
- Breach of express warranties if the dealer claimed the vehicle was inspected for safety
- Violation of state consumer protection laws that prohibit deceptive business practices
- Negligence is if the dealer failed to exercise reasonable care in their inspection process
Every case is unique, and your legal options will depend on factors such as whether the dealer knew about the recall, the nature of the safety defect, and whether you suffered actual damages.
Legal Remedies for Purchasing a Recalled Vehicle
If you discover your recently purchased vehicle has an open recall or undisclosed safety issue, you may have several legal remedies available.
Breach of Warranty Claims
Most vehicle sales include implied warranties of merchantability, meaning the vehicle should be reasonably safe and fit for transportation. When a dealer sells a car with an active safety recall without disclosure, they may be breaching this warranty. Additionally, if the dealer provided any express warranties regarding the vehicle’s safety or condition, these could form the basis of a legal claim.
Before pursuing a breach of warranty claim, review your purchase documents carefully. Some dealerships include “as-is” clauses attempting to disclaim these warranties, though consumer protection laws may limit their effectiveness in cases involving safety issues.
Consumer Protection Law Violations
Maryland’s Consumer Protection Act prohibits unfair or deceptive trade practices, including misrepresentations about a product’s characteristics or standards. Dealers who fail to disclose known safety recalls or misrepresent a vehicle’s condition may be violating these laws.
Consumer protection claims often allow for recovery of actual damages, attorney’s fees, and, in some cases, punitive damages intended to punish particularly egregious conduct.
Fraud and Misrepresentation Claims
If the dealer knowingly concealed information about a recall or safety defect, you might have grounds for a fraud claim. To succeed, you generally need to prove the dealer knew about the issue, intentionally concealed or misrepresented it, and you relied on that misrepresentation when purchasing the vehicle.
Fraud claims typically require more evidence of intentional wrongdoing but can potentially result in higher damage awards, including punitive damages in serious cases.
Protecting Yourself When Buying a Vehicle
The best protection against purchasing a recalled vehicle is thorough research before completing the purchase. Consider these preventative measures:
- Check the vehicle’s VIN on the NHTSA website to see if it has any open recalls
- Request service records and vehicle history reports before purchase
- Have an independent mechanic inspect the vehicle prior to signing any agreements
- Get all dealer promises and representations about the vehicle’s condition in writing
- Review all documents thoroughly before signing, particularly anything referring to “as-is” sales
- Keep detailed records of all communications with the dealer regarding the vehicle’s condition
Taking these steps not only helps you avoid purchasing an unsafe vehicle but also strengthens your case if you later discover problems with the vehicle.
Contact an Experienced Maryland Auto Fraud Attorney
Discovering your newly purchased vehicle has an undisclosed recall or safety defect can be alarming and frustrating. As a former attorney for the MVA with over 30 years of experience, Hillel Traub has the knowledge to effectively represent consumers who have been victimized by auto dealer fraud in Maryland.
Don’t face this complex situation alone. For a thorough evaluation of your case and to discuss your legal options, call us at (410) 220-6976 or reach out through our contact form.
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