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Can a dealer sell you a used car with an open recall?

New cars must have recalls fixed before delivery. Used cars do not, whether you buy from a big dealer, a small lot or a private seller. That makes the recall check your job.

What the law says

Federal law requires new cars to be free of open safety recalls before they are sold, and the Safe Rental Car Act covers rental fleets of more than 35 vehicles. There is no matching federal rule for used cars. As the FTC put it in 2016, federal law "does not prohibit auto dealers from selling used cars with open recalls." See the FTC statement. Some states add their own disclosure rules, so ask your state attorney general or DMV.

Where the FTC draws the line

A dealer can sell a used car with an open recall, but it should not advertise a "172-point inspection" or similar safety claims while hiding the recall. The FTC brought cases against GM, CarMax and several dealer groups over exactly that. Dealer groups such as NIADA recommend fixing recalls before sale, but it is a best practice, not a law.

Your 3-minute recall check before buying

Get the 17-character VIN from the windshield or door jamb, not just the listing, and make sure they match.
Check the VIN for open recalls or browse recalls by make, model and year.
Ask the seller in writing whether any recall repairs are open, and ask for the dealer's service record if one was done.
Check again on the day you sign; new recalls are announced every week.

If the car has an open recall

Recall repairs are free at any franchised dealer for that brand, even if you bought the car somewhere else and even if the car is old.
Ask the seller to get it fixed before you take delivery, or knock the hassle off the price.
If parts are not available yet, ask whether the recall says to not drive the car or park it outside. Walk away from "do not drive" recalls unless the fix is done.

On this site you can decode a VIN for free to see the year, make and model. A full report costs a small one-time fee and adds factory specifications, NHTSA safety recalls, owner complaints, crash-test ratings and EPA fuel economy for that model and year. If we can't find your car's details, there's no charge. The report is compiled from free public U.S. government sources – the same sources you can use yourself for free – and it is not an accident, title or ownership history report.

Frequently asked questions

Do used car dealers have to fix recalls before selling?

Not under federal law. New cars and large rental fleets must have open recalls fixed, but used cars can be sold with open recalls. Some states add disclosure rules, and many dealers fix recalls voluntarily.

Can a private seller sell a car with an open recall?

Yes. Private sellers are not required to fix or disclose open recalls, so check the VIN yourself before you pay.

Will the dealer fix a recall on a car I bought somewhere else?

Yes. Safety recall repairs are free at any franchised dealer for that brand, no matter where or when you bought the car.

How often should I check for recalls?

Check before you buy, again on the day you sign, and a few times a year after that. New recalls are announced every week.