Can a dealer sell a used car with an open recall?

• Can a dealer sell a used car with an open recall?

  Usually, yes
  No federal law stops it. Tennessee and Pennsylvania add rules.
  What the law says

• Can a private seller sell one?

  Yes
  No federal law makes a private seller fix a recall or tell you about it.
  Check it yourself

• Can a dealer sell a new car with an open recall?

  Not until fixed
  Federal law bars dealers from selling or leasing it until the repair is done.
  New and rental cars

• Can a rental company rent out a recalled car?

  Not until made safe
  Federal law bars rental companies with 35 or more cars from renting it until it's fixed or temporarily made safe, and from selling it until it's fixed.
  The rental rule

• Who pays for the repair?

  The automaker
  It's free at a dealer for that brand, even if you aren't the first owner, if the car was first sold within 15 years of the recall.
  Who pays

• Can I cancel the sale over a recall?

  Usually not
  Federal law gives you no right to cancel. In California, a 3-⁠day right to cancel may help.
  Your options

NHTSA says more than 29 million vehicles were recalled in the U.S. in 2025, and millions of recalls go unrepaired every year.

1. 1

   Get the VIN

   It's at the bottom of the windshield on the driver's side and on the driver's door-⁠frame label. Or ask the seller.
2. 2

   Search NHTSA's recall lookup

   Enter the VIN in NHTSA's lookup to see any unrepaired recall on that exact car. Save a dated screenshot.
3. 3

   Cover its gaps

   It skips recalls over 15 years old, some very new ones, those by small automakers (including some ultra-⁠luxury brands), non-⁠safety campaigns, and cars built for other countries, like Canada. For a second look, try the automaker's own free VIN lookup or call a dealer for that brand.
4. 4

   Check again before you sign

   New recalls keep coming.

Used cars: the FTC said in 2016 that federal law “does not prohibit auto dealers from selling used cars with open recalls,” and Congress hasn't changed that. The Buyers Guide on a dealer's used car just tells you to check for recalls yourself.

New cars: once the automaker tells a dealer about a recall, the dealer can't sell or lease an affected new car until it's fixed.

Rental cars: since 2016, the Safe Rental Car Act has barred rental companies with 35 or more cars from renting or selling a car with an open recall until it's fixed. If parts aren't ready, they may rent it with a temporary fix the recall notice describes, but not sell it. California also bars smaller rental and dealer loaner fleets (34 or fewer cars) from renting or lending a recalled car, and peer-to-peer car-sharing services from offering one.

Buying a former rental? Newer recalls may have come out since, so check the VIN anyway.

Tennessee and Pennsylvania set their own rules for dealers:

• Tennessee

  Motor Vehicle Recall and Disclosure Law

  Fix or disclose

  Dealers must

  • Check the VIN in a recall database, such as NHTSA's, no more than 48 hours before a retail sale
  • Fix any do-⁠not-⁠drive or stop-⁠sale recall before selling the car
  • Fix any other open recall, or give you the report and get your signature on a separate RECALL form

  Doesn't cover

  • Private sellers
  • Wholesale sales between dealers, auctions, and manufacturers
  • Cars with a salvage or nonrepairable title

  The catch: Once you sign that form, the dealer can sell you the car unrepaired.

• Pennsylvania

  Board of Vehicles Act, section 307.1

  Disclose

  Dealers must

  • Tell you in writing about any open recall at the time of sale. A NHTSA VIN report counts.

  Doesn't cover

  • Private sellers

  The catch: Dealers don't have to fix the recall, only tell you about it.

Bills to ban dealer sales of used cars with open recalls haven't passed: New York's A2176 and the federal Used Car Safety Recall Repair Act. As of October 2026, both sat in committee.

In 2016, the FTC charged six companies, including GM and CarMax, with touting used-car inspections without clearly disclosing unrepaired safety recalls. GM's certified pre-owned ads promised a “172-Point Vehicle Inspection.”

All six settled. They can't call their used cars safe or inspected unless the cars have no open recalls, or the ad clearly says cars may have them and how to check. In 2022, CarMax also agreed with 36 attorneys general to show open recalls before you buy.

The automaker. Federal law requires a free fix, and NHTSA says recall repairs are free at an authorized dealership. Any dealer for that brand can usually do it, not just the one that sold you the car.

Not the first owner? It doesn't matter. The limit is age: the free fix is required for cars first sold no more than 15 years before the recall, though some automakers cover older ones.

Paid for the repair before the recall? You may be able to get reimbursed. The recall notice explains how.

1. 1

   Follow the safety advice now

   Look the recall up in NHTSA's lookup. Recall notices must list any precautions to take until the repair, such as not driving the car or parking it outside.
2. 2

   Book the free repair

   Call a dealer for that brand with the VIN. If parts are back-⁠ordered, get on the list; the automaker must send a second notice when the fix is ready. Ask about a loaner: NHTSA says dealers don't have to provide one, but it's worth asking.
3. 3

   Make sure recall notices reach you

   Automakers mail them to the registered owner, so keep your registration address current, and sign up for NHTSA's recall alerts.
4. 4

   Push back if it stalls

   If a dealer refuses or tries to charge you, tell the automaker and file a complaint with NHTSA. Once the recall notice says the fix is available, federal law treats a repair that takes more than 60 days after you bring the car in as a sign of unreasonable delay, which can require the automaker to replace the car or refund it, less depreciation. NHTSA enforces this and can extend the 60 days, so report long delays to NHTSA.
5. 5

   Keep the repair order

   It proves the recall was done.

Before you sign, ask the dealer to fix the recall before you take the car, and get the repair order. If parts aren't ready, decide whether you can live with the safety advice until they are, or walk away.

After you sign, federal law gives you no right to cancel over a recall. Two other routes:

• California: you may be able to cancel a used car bought from a dealer since October 1, 2026, for $50,000 or less, within 3 days, if you haven't driven it more than 400 miles. The dealer may charge a restocking fee. How to return a used car.
• If the dealer misled you about recalls, report it to your state consumer protection office and the FTC at ReportFraud.ftc.gov. A consumer attorney can tell you whether you have a claim.

This isn't legal advice.