Dealer Obligations During a Recall — Your Rights Explained
When a safety recall is issued, the manufacturer bears the legal responsibility — but dealers are the ones who actually perform the repairs. Understanding what dealers are required to do, what they are not, and how to hold them accountable protects you from paying for something that should be free or driving a car that should have been fixed.
Dealers Must Fix Recalls Free of Charge
This is the most important rule and it has no exceptions. Under federal law, recall repairs must be performed at no cost to the vehicle owner. The dealer cannot charge you for parts, labour, or diagnostic fees related to a recall repair. This applies regardless of your warranty status, the age of your vehicle, or your mileage.
If a dealer attempts to charge you for a recall repair, decline and report it. The manufacturer reimburses the dealer for all recall work — there is no legitimate reason for you to pay anything. You can file a complaint directly with NHTSA if a dealer charges you or refuses to perform a recall repair.
Can a Dealer Sell a Car with an Open Recall?
The answer depends on whether the car is new or used:
New Vehicles
Federal law prohibits dealers from selling, leasing, or delivering any new vehicle that is subject to an open recall. The recall must be completed before the vehicle can leave the lot. No exceptions.
Used Vehicles
Federal law does not prohibit the sale of used vehicles with open recalls. Some states have enacted their own restrictions, but most have not. This means a dealer can legally sell you a used car with a known, unrepaired safety defect in many parts of the country. Always run a recall check before buying.
Rental or Loaner Cars During a Recall
There is no federal law requiring manufacturers or dealers to provide a loaner car or rental reimbursement during a recall repair. However, many manufacturers offer this as a matter of policy, particularly for recalls involving serious safety risks where driving the vehicle is inadvisable.
If the recall repair requires your car to be at the dealer for more than a day — or if parts are on backorder and the wait stretches into weeks — contact the manufacturer's customer service line directly. They often have more authority to approve a loaner or rental than the individual dealership does. Get any commitments in writing.
Timeline for Parts Availability
One of the most frustrating aspects of recalls is the wait for parts. When a recall affects millions of vehicles — as the Takata airbag recall did — the manufacturer may need months or even years to produce enough replacement parts for every affected vehicle. During this period, your car has a known safety defect with no available fix.
Dealers cannot control the parts supply, but they can add your name to a priority list and notify you when parts arrive. Ask the dealer to document your request and provide a timeline estimate. If the wait is unreasonably long and the defect is severe, escalate directly with the manufacturer and consider filing a complaint with NHTSA to create a public record of the delay.
Escalating with NHTSA
If a dealer refuses to perform a recall repair, charges you for one, or if you believe
the recall remedy is inadequate, NHTSA is your escalation path. You can file a
complaint at nhtsa.gov/report-a-safety-problem.
NHTSA reviews these complaints and can take enforcement action against manufacturers
and dealers who fail to comply with recall obligations.
You can also search the AutoTruth recalls database and our recall checking guide to verify that a recall applies to your specific VIN before visiting the dealer. Going in with documentation makes the process smoother and gives the dealer less room to push back.
Frequently Asked Questions
Can a dealer legally sell a used car with an open recall?
In most states, yes. Federal law only prohibits dealers from selling new vehicles with open recalls. Used car rules vary by state — a handful of states have enacted laws requiring dealers to complete recalls before selling used vehicles, but the majority have not. This is why running your own recall check before purchasing any used car is essential.
Am I entitled to a loaner car while my recall repair is being done?
There is no federal law requiring a loaner or rental car during a recall repair. However, many manufacturers provide loaner vehicles or rental reimbursement as a matter of policy, especially for recalls that require extended wait times for parts. Contact the manufacturer's customer service line to ask about their specific loaner policy for your recall.
What should I do if a dealer refuses to perform a recall repair?
First, confirm the recall applies to your specific VIN on nhtsa.gov. If it does, try a different authorised dealer — any franchise dealer for your brand must perform the repair. If you continue to face resistance, file a complaint with NHTSA at nhtsa.gov/report-a-safety-problem and contact the manufacturer's customer service directly. NHTSA takes reports of recall non-compliance seriously.
Check for Open Recalls
Search any vehicle's recall and complaint history — free, instant, no account needed.
Search the AutoTruth Database