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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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