Can a used car be sold without them checking the airbags?
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Can a used car be sold without them checking the airbags?
My brother was in an accident and he was driving. He hit a pot hole on the side of the road that caused him to lose control. My concern is neither the passenger or driver air bag deployed. He, as well as his passenger, was injured. On his contract it states the air bags were not checked and it was his responsibility to check.
Asked on May 13, 2013 under General Practice, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Yes, when a used car is sold, there is no obligation to test or check all the equipment in it, including safety equipment. The seller is not allowed to conceal any defects of which it is aware, or reasonably suspects exist, but that does not put on it an affirmative duty to check the equipment--especially when your brother bought the car via a contractwhich stated that he was assuming the responsibiltiy to check the airbags, and thus bought the car knowing they had not been checked.
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