Buying a Used Car? Why You Must Check for Open Safety Recalls First

The Used Car Loophole

If you have ever bought a used car, you might assume that the dealership performed a thorough safety inspection before handing over the keys. While that is true for new vehicles—which federal law strictly prohibits from being sold with an open safety recall—the rules for used cars are surprisingly different. In most states, there is no federal law requiring a used-car dealer to repair an open safety recall, or even to disclose it, before selling the vehicle to you.

This creates a significant "loophole" in the automotive market. While responsible dealerships will run a VIN check and complete necessary repairs, they are not legally obligated to do so. This means you could unknowingly drive off the lot in a vehicle with a dangerous, unrepaired defect. Because manufacturers often struggle to track down owners of older or pre-owned vehicles, you cannot rely on receiving a recall notice in the mail. You must be your own advocate.

Why You Should Never Assume

With over 50 million vehicles on the road currently carrying open recalls, the odds are higher than you might think. A recall is issued when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle, equipment, or tire creates an unreasonable risk to safety.

It is important to distinguish between a safety recall and a Technical Service Bulletin (TSB). A safety recall is a critical fix that is free of charge for the life of the vehicle at an authorized dealership. A TSB, on the other hand, is often just a manufacturer’s guide for mechanics on how to fix a known issue, and it may carry time or mileage limitations. Always ask your service advisor which category your repair falls into so you aren't surprised by a bill.

Taking Control of Your Safety

If you are shopping for a used car, do not wait for the dealer to bring up safety issues. Before you sign any paperwork, ask for the Vehicle Identification Number (VIN) and run it through the official government database yourself. If you already own a vehicle, checking your VIN periodically is a simple, free habit that could save your life. Even if a recall repair is delayed due to parts availability, knowing the status of your vehicle allows you to make informed decisions about how and when you drive it.

What to do next

• Locate your VIN: Find your 17-character Vehicle Identification Number on your dashboard (driver’s side), inside the driver’s door jamb, or on your insurance/registration card.
• Run a free check: Visit NHTSA.gov/recalls and enter your VIN. This is the most reliable, official source for open safety recalls.
• Schedule the repair: If you find an open recall, call your local brand-authorized dealership immediately. Recall repairs are free of charge, regardless of whether you bought the car from them or if it is out of warranty.
• Confirm parts availability: Before driving to the dealership, ask the service department to confirm they have the necessary parts in stock to avoid multiple trips.
• Document everything: Keep a copy of the repair order once the work is completed for your personal records.

This article is general information, not legal advice. No attorney-client relationship is created by reading it. For a review of your specific situation, request a free attorney review through the Ginsburg Law Group platform.