Used Car / Open Safety Recall

[TexasThomas]

What is the name of your state (only U.S. law)? Texas
In Oct of 2017 I purchased a 2011 Ford Ranger from a Dealership. Prior to the purchase, the salesman was asked if the vehicle had and engine, transmission, or open recalls on the vehicle. The salesman informed me there were no engine or transmission issues that they were aware of and after a 15 min or leave, told me there were no open recalls. Jan 2018 I received a letter from Ford on a still OPEN June 2016 Safety Recall 16S26 for the passenger side Takata airbag replacement and not to let anyone ride in the passenger seat. I was floored/pissed considering my wife and kids for the past 3 months have been sitting in that seat. There is still no current replacement part for this recall. I talked to the GM of the dealership who first tried to tell me they don't have a way to check for recalls on used vehicles, then two days later told me the recall was for a 2011 Recall on a light switch not the airbag, which I found out is also still open. Now I understand that the vehicle was purchased as a AS IS vehicle which is why I did buy a warranty for the engine and transmission, but if the salesman had told me about the OPEN SAFETY RECALL for the airbag when I asked, I would not have purchased this vehicle and would have purchased one of the other two we were looking at with them also. The GM of the dealership in-formed me that he could not buy back a contract with an open Safety Recall, but they can sale one? Can I make them buy it back? What options do I have sine they misrepresented the vehicle?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
In Oct of 2017 I purchased a 2011 Ford Ranger from a Dealership. Prior to the purchase, the salesman was asked if the vehicle had and engine, transmission, or open recalls on the vehicle. The salesman informed me there were no engine or transmission issues that they were aware of and after a 15 min or leave, told me there were no open recalls. Jan 2018 I received a letter from Ford on a still OPEN June 2016 Safety Recall 16S26 for the passenger side Takata airbag replacement and not to let anyone ride in the passenger seat. I was floored/pissed considering my wife and kids for the past 3 months have been sitting in that seat. There is still no current replacement part for this recall. I talked to the GM of the dealership who first tried to tell me they don't have a way to check for recalls on used vehicles, then two days later told me the recall was for a 2011 Recall on a light switch not the airbag, which I found out is also still open. Now I understand that the vehicle was purchased as a AS IS vehicle which is why I did buy a warranty for the engine and transmission, but if the salesman had told me about the OPEN SAFETY RECALL for the airbag when I asked, I would not have purchased this vehicle and would have purchased one of the other two we were looking at with them also. The GM of the dealership in-formed me that he could not buy back a contract with an open Safety Recall, but they can sale one? Can I make them buy it back? What options do I have sine they misrepresented the vehicle?

Pursue your options with Ford.

 

[PayrollHRGuy]

It is an open recall. Simply take the truck to the nearest Ford dealer and it will be replaced free of charge.

What could have happened means nothing.

 

[xylene]

It is an open recall. Simply take the truck to the nearest Ford dealer and it will be replaced free of charge.

He clearly said they have no approved replacement part.

 

[Zigner]

It is an open recall. Simply take the truck to the nearest Ford dealer and it will be replaced free of charge.

What could have happened means nothing.

Clarification: The repair will be made free of charge - they're not going to "replace" the whole truck (which is what the OP wants to happen).

 

[Zigner]

He clearly said they have no approved replacement part.

Yes - so he'll go on the list with everyone else.

 

[justalayman]

Pursue your options with Ford.

Options with Ford?

That is limited to replacing the airbag WHEN the part becomes available.

Otherwise this is based on whether it is lawful to sell a vehicle with an open safety recall (so far from my research if appears to be lawful) and whether the dealer had an obligation to inform the buyer of the matter. Given the buyer specifically asked about recalls I would say it’s an intentional deception and misrepresentation of the vehicle. If the buyer had not asked it may be different.

So, it would appear the op needs to read about the Texas Deceptive Trade Practices Act


TexasThomas:

Give the dealer this. It’s been available since 2014 (and I am pretty sure he was aware of that as well)

http://www.safercar.gov/

 

[PayrollHRGuy]

Yes - so he'll go on the list with everyone else.

I missed that. But according to the recall notice listed on Cars.com the replacement wasn't available as of July 15, 2016. It may well be available now and he should contact a Ford dealership to see if it is.

 

[Zigner]

I missed that. But according to the recall notice listed on Cars.com the replacement wasn't available as of July 15, 2016. It may well be available now and he should contact a Ford dealership to see if it is.

The Takata air bag recall is a cluster...well let's just say it's not pretty. I can believe that there is no replacement part at this moment.

 

[Zigner]

Give the dealer this. It’s been available since 2014 (and I am pretty sure he was aware of that as well)

http://www.safercar.gov/

The OP had just as much opportunity to research this.

 

[PayrollHRGuy]

The buyers guide the FTC requires used car dealers to provide says this.

A disclosure document that gives consumers important purchasing and warranty information, the Buyers Guide tells consumers:

the major mechanical and electrical systems on the car, as well as some of the major problems that consumers should look out for;
whether the vehicle is being sold "as is" or with a warranty;
what percentage of the repair costs a dealer will pay under warranty;
that oral promises are difficult to enforce;
to get all promises in writing;
to ask to have the car inspected by an independent mechanic before they buy;
to get a vehicle history report and to visit ftc.gov/usedcars for information on how to get a vehicle history report, how to check for safety recalls, and other topics; and
to ask for a Spanish Buyers Guide if the sale is conducted in Spanish; and
to keep the Buyers Guide for reference after the sale.



That seems to put the responsibility to check for recalls on the buyer.

 

[justalayman]

The OP had just as much opportunity to research this.

He did. He asked the dealer if there were any open recalls. The dealer informed him there were none. Not that he didn’t know but that as a matter of fact there were none. The dealer could have said; I don’t know. He didn’t. He even put on a ruse making the buyer believe he was actually going to check. He came back with: no. Again, he could have said I don’t know or you’re welcome to check into it before buying if you choose or I don’t care you will buy this truck but he said; no. There are no open recalls. That isn’t puffery. That is an intentionally deceptive statement.

While a dealer can hide behind puffery or ignorance as a defense, neither is applicable here.

 

[justalayman]

That seems to put the responsibility to check for recalls on the buyer.

if the dealer had not acted to make the buyer believe he was actually going to check and return with a firm; no, I would agree with you. The dealer f’d up super bad buy pretending to check and then stating no.

 

[xylene]

I am deeply skeptical of the dealer's seemingly self serving claim that the contract could not be bought back because of open safety recalls (yet could be sold)

"I'm sorry we can't do anything about our selling you this car with a safety problem, since it has a safety problem."

 

[justalayman]

From the tdtpa

Sec. 17.12. DECEPTIVE ADVERTISING. (a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of
(1) selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer; or
(2) inducing a person to contract with regard to the tangible personal property, security, service, or anything he may offer.

Sure sounds like the case here.

And here;


Sec. 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code.
(b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) using deceptive representations or designations of geographic origin in connection with goods or services;
(5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not;
(6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand;
(7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(8) disparaging the goods, services, or business of another by false or misleading representation of facts;
(9) advertising goods or services with intent not to sell them as advertised;
(10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity;
(11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions;
(12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;
(13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service;
(14) misrepre



It’s a lengthy act so I didn’t look into penalities but I did “criminal” mentioned in several places as well as “fines” in places as well.