Proposed Federal Law to Require Used Cars Under Recall to be Repaired Before Sold

used-cars-to-be-repaired-before-sold-under-new-proposed-lawDealerships Selling Recalled Used Cars as Certified May Need to Fix Them First

Used car buyers are at risk of injury or even death when they purchase a recalled vehicle that has not been repaired, but two United States senators are proposing a new law to require all used vehicles under recall to be fixed before they are sold or leased.

U.S. Sens. Richard Blumenthal and Edward Markey are behind the bill that seeks to get these 64 million unrepaired cars and trucks off the road until they are fixed.

Under current federal law, a dealership is prohibited from selling its new vehicles that are subject to recall until their repairs have been made. However, the law does not prohibits the sale or lease of used cars to consumers that were recalled.

The sale of unsafe recalled vehicles poses an imminent threat to drivers, passengers, pedestrians and other motorists and is a “ticking time bomb,” said Blumenthal, D-Massachusetts. His co-author for the bill, Markey D-Massachusetts, added that vehicles must be safe when they leave the car lot.

federal law to regulate dealerships on sales of recalled vehicles

Recalled vehicles should be repaired before they are sold to buyers, consumer groups say. 

Recently, The Federal Trade Commission and the federal government was sued by six consumer advocate groups who were upset that the federal government established a consent order to allow dealerships to sell used cars that were under recall and not repaired as “safe” or “certified” as long as there was disclosure to the consumer that the repairs had not been made. Previously, auto makers did not sell these vehicles, but after the December 2016 ruling the cars were back on the market.

Additionally, a push is underway to get a similar law in California by

California was First to Propose Similar Law in 2013

A similar 2013 proposal in California, Senate Bill 686 never became law, but it too was aimed at ending a practice of selling used, unrepaired recalled vehicles in California.

The California bill was supposed to prohibit a dealer from selling or transferring ownership of a used vehicle at retail dealerships when there is a known manufacturer’s safety recall, unless the repairs required to correct the defect have been performed on the vehicle.

Meanwhile, if you are considering purchasing a used vehicle in California or anywhere else for that matter it’s important that you check to make sure any recalled defects have been repaired. Also, if your vehicle is continuously having mechanical problems and diminish its value or repeated attempts to repair it have failed, it’s possible you have a lemon under California law. It may be time to take steps to put an end to your problems by calling a California Lemon Law attorney.

Lemon Law Claims Help — Call 800-235-6801

Motorists who are grappling with ongoing problems with their vehicle, could be eligible for compensation under California and or Federal Lemon Laws. Johnson Attorneys Group is dedicated to helping people and has served thousands of clients over the years. We helped them resolve their lemon law and cases involving personal injuries due to defective vehicles. Find out if we can help you.

Call us for a FREE CONSULTATION at 800-235-6801. In cases involving lemon law, attorneys fees do not come out of your settlement because the manufacturer is required to pay them directly to us under California Lemon Laws. Personal injury cases involving separate contingency fees.

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James Johnson ESQ