Study Finds Used Car Owners May Not Be Told of Auto Recalls
According to a recent Associated Press article, a new study conducted by the Government Accountability Office found that used car dealers could be selling vehicles that have been recalled, but not repaired, since manufacturers do not send them the recall notices that franchised dealers receive. Also, even if franchised dealers or used car sellers are aware of a recall, they are not required to notify potential purchasers or make repairs before the sale of a vehicle. The National Highway Traffic Safety Administration (NHTSA) also does not have the authority to demand that dealers warn buyers or make repairs, or to require vehicle manufacturers to notify used car dealers of recalls.
The study found that the situation poses a serious risk to millions of consumers who buy a defective vehicle. In 2009, over 35 million used vehicles were sold, including 11 million sold by used car dealers. There is also a negative impact on recall completion rates. It is estimated by NHTSA that about 70 percent of repairs are done within 18 months after a recall is issued, but only around 65 percent from 2000 to 2008.
Part of the problem is that there is not a database that used car dealers can check using the Vehicle Identification Number (VIN) to find out whether recall-related repairs for the vehicle have been made. The study recommends that NHTSA make its vehicle recall database searchable with VIN numbers, and proposes that Congress give the agency the power to make sure potential car buyers are informed of a recall before buying the car.
For now, it is recommended that consumers check with automakers directly or search the NHTSA website SaferCar.gov to check if there is a pending recall notice for a particular vehicle model. However, since the website is not able to be searched by VIN number, it is not possible for a used car owner to see whether their particular vehicle has had repairs done.
Attorney Howard D. Silver has been protecting the rights of California consumers for over 20 years. To learn how Mr. Silver can help you, call 1-866-49-LEMON.
