Used Car / Open Safety Recall

[PayrollHRGuy]

According to Consumer Reports

Are the airbags in my car definitely defective? No. Since 2002 only a very small number of some 30 million cars have been involved in these incidents. Between November 2014 and May 2015, Takata reported to NHTSA that the company had conducted more than 30,000 ballistic tests on airbag inflators returned pursuant to the recalls. In those tests, 265 ruptured. That is an unacceptably high number, and, at 0.8 percent, a far higher frequency than what has been seen so far in vehicles on the road. According to defect reports filed with the government, Takata said that as of May 2015 it was aware of 84 ruptures that had occurred in the field since 2002.

Think about those odds before you panic. Your wife or child have a order of magnitude more chance of getting struck by lighting.

 

[TimStudiesLaw]

Tim its not the fact of the recall, if I could go down and have the recall completed then I would and just stay mad at the fact they lied to pawn the recall off on me. The problem I have is I would not have purchased the vehicle if they had been up-front and the fact that it may be 3 months or 10 years before if ever the recall can be completed and I am left with a 1 person vehicle unless willing to put the safety of others on the line.

1) It's been a while since I worked at a Ford dealer, but the sales department didn't have access to recalls or technical service bulletins, only the service department did. If this wasn't a Ford dealer, then likely they can't check off brands other than the website I gave you anyway.

2) Why didn't you have your mechanic check it out for you, including open recalls?

I get it - you're pissed, but look in the mirror on this one. You depended on the word of a guy who had a commission riding on the sale, instead of someone with no skin in the game. Anything they said to entice you to buy is puffery. I'd negotiate further on the offer they made you, and pay the fee to have a mechanic check the vehicle before you sign anything. 90 days later they could just tell you to flake off.

 

[justalayman]

According to Consumer Reports



Think about those odds before you panic. Your wife or child have a order of magnitude more chance of getting struck by lighting.

They have cause deaths. At what point do you start weighing odds on whether you’re going to die or not.

It still doesn’t matter though. It’s the fact the dealer intentionally lied about the facts of the matter when specifically asked. I don’t care if it’s a matter of the airbag or that there really isn’t nitrogen in the tires. Intentional deception violates the Texas consumer protection law.

 

[justalayman]

1) It's been a while since I worked at a Ford dealer, but the sales department didn't have access to recalls or technical service bulletins, only the service department did. If this wasn't a Ford dealer, then likely they can't check off brands other than the website I gave you anyway.

It’s been available online since 2014 (all manufactures) . If a dealer isn’t aware of this they are absolute idiots. Especially given this airbag deal and possible liability for selling a vehicle that kills somebody, you aren’t going to convince me they didn’t know.

2) Why didn't you have your mechanic check it out for you, including open recalls?

because he asked the dealer who said the went and checked. Why check again if a person with access to the data walks away after you specifically ask if there are any open recalls and then returns and says; nope.

To the rest of the issues; I didn’t see op seeking a rescission based on those issues.

 

[quincy]

There have been several different bills introduced in Congress that would prohibit used car dealers from selling cars that have open recalls. To date, these bills have gone nowhere (used car dealers and some manufacturers oppose them).

Right now, there is no federal law (or to my knowledge, state law) that requires used car dealers to repair used vehicles under recall or to disclose these defects to consumers. It is left entirely to the consumer to check for recalls. This can be done by running the VIN through the following federal database: https://vinrcl.safercar.gov/vin/

If anyone is interested in pressuring Congress to require used car dealerships to repair or disclose recalls prior to sale, contact your congressman/congresswoman. Senate Bill 1634 was referred to the Committee on Commerce, Science, and Transportation last July. Here is a link to the Bill and its current status: https://www.congress.gov/bill/115th-congress/senate-bill/1634

"Puffery," as a note, is a claim that cannot be proved true or false. Claims like "X has the best hamburgers in Texas" is puffery. Consumers understand such claims are not to be taken seriously. Claims that can be proved false, on the other hand - like "the hamburgers are made from pure Texas beef" when the hamburgers contain pork - is not puffery but false advertising. False advertising can result in lawsuits.