Is it illegal for a North Carolina Ford dealer to sell a new vehicle with an open safety recall?

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Is it illegal for a North Carolina Ford dealer to sell a new vehicle with an open safety recall?

I just bought a new truck and the salesman put the Ford app on phone and registered the
vehicle. When he did one field was red. He swiped it over to hide red. I pulled the app
back up when I got home and it has an open safety recall. Was it legal for them to sell this
to me?

Asked on July 29, 2018 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal IF it was disclosed to you: people can elect to buy vehicles (or property, or pretty much anything) with problems if they do so knowingly. But to fail to disclose a known problem (and if he swiped over the field, it appears he knew) is fraud; fraud can provide a basis for voiding (undoing: you return vehicle, get your money back) the tranaction if the issue was material, or important; or at least getting some monetary compensation for less-significant issues. You'd have to sue to enforce your rights if they won't voluntarily compensate you, so you need to decide if doing so is worthwhile for you.


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