While spring is not the time where the most cars are sold, there are a number of consumers who will drive off the lot in new cars in April. When they do, they likely expect their new car to be in pristine condition. This means that the vehicle should be free of defects, not subject to a recall and have that famous new car smell.

While this occurs most of the time, there are instances where a new car could be sold even though it is subject to a recall. Also, most people would not know to ask the salesperson if the car is under a recall notice, but when an ABC News investigative team asked a dealer whether a new truck they were about to buy was subject to a recall, the salesperson vehemently denied that it was to be repaired. However, the investigators checked after the sale regarding the truck’s recall status and it was in fact subject to a recall. 

This story may conjure up notions of blatant fraud, but car salespeople are not required to know (or disclose) whether a new car is supposed to be part of a recall. However, if the car is in fact supposed to be taken back for repairs, the dealer is obligated to make the required repairs.

Nevertheless, if an automaker is aware of a defect and fails to take reasonable steps to inform consumers, and a consumer is injured due to such a defect, the automaker could be held liable.