Car dealerships need to be aware of their legal obligations when it comes to compliance. One of those legal obligations is to ensure that any car sold is safe and ready for use on the road.

“Although a used car dealer does not insure the safety of a car he sells, and is under no duty to disassemble the car to examine its parts, he must make a reasonable inspection for defects that would make the car a menace on the highways.” -Benton v. Sloss, 38 Cal.2d 399, 404 (Cal. 1952)

Consumers and their lawyers argue that selling cars with an Open Safety Recall is a safety hazard and puts the buyer and everyone on the road at risk. For that reason, dealers should avoid selling vehicles with Open Safety Recalls whether the remedy is available or not. The dealership could be held liable for any damages and expenses resulting from a car with Open Safety Recall. These types of lawsuits can be very expensive and can be avoided by simply taking the car to its corresponding new car franchise store and having the safety recall repaired free of charge.