It doesn’t take much effort to recognize and appreciate that recalls are significantly increasing for West Virginia dealers. You already know that selling customers safe, reliable transportation is one of the best parts of what we do — and it’s also one of the smartest ways to protect your business. When a safety recall pops up, it can feel like a curveball, but the rules are fairly simple.

Let’s talk plainly about what federal law (and common sense) expects when you’re selling new or used vehicles with an open recall, plus the government tools that make checking them a breeze.

New Vehicles: No Exceptions — Fix It First

Here’s the bottom line for any new car or truck on your lot: You simply cannot sell, offer for sale, or deliver it if it has an open safety recall. Federal law is clear on this point, and NHTSA enforces it. That means the recall repair has to be completed before the customer drives off the lot — no ifs, ands, or buts. Fines for violations of this rule range from $21,000 to $26,000 per vehicle.

The good news? Manufacturers are required to notify you right away, send the parts (or tell you when they’ll be available), and pay you the warranty rate for the labor and parts. If a recall drags on and you’re stuck with floor-plan interest costs because parts aren’t available, the National Traffic and Motor Vehicle Safety Act gives the new motor vehicle dealer a path to recover those floor-plan costs. This is typically a rate based upon what your floor plan lender is charging, starting from receipt of the stop-sale notice until the remedy is available, the vehicle is repurchased, or it can be sold. (See 49 U.S.C. § 30120.)

Bottom line: Hold the vehicle, get it fixed, and everyone stays safe and compliant. It’s not worth the risk of fines or headaches to do anything else.

I appreciate that manufacturers will attempt to avoid warranty costs by exchanging parts, reducing the cost of the parts and reducing the alleged allotted repair time, but that is a topic for another time. But please know that your West Virginia franchise law does provide protections for this specific instance.

Used Vehicles: More Flexibility, But Use Good Judgment

Used cars are a different story. Neither federal law nor West Virginia law prohibits you from selling a pre-owned vehicle that has an open recall. You’re not required to fix it before the sale, and there’s no automatic legal duty to disclose every single one.

That said, we all know that “legal” and “smart” aren’t always the same thing. If the used vehicle is the same make and model line you sell new, think twice before sending it out with a safety-related recall open — especially anything involving brakes, airbags, steering or fuel systems. Those deserve extra caution because customer safety, your reputation (and your service department’s relationship with customers), and legal exposure are on the line. We cannot say that we did not know, because we can access recalls for our same line of motor vehicles.

For vehicles outside your primary franchise, the same principle applies: safety first. If the recall is minor (such as a simple software update or a non-critical label), many dealers move forward — but with full transparency. The West Virginia Automobile Dealers Association has a ready-made disclosure form for this situation. (If you don’t have it, reach out to WVADA or me, and we will get it to you right away.) A quick signature from the buyer confirming they were aware of the open recall goes a long way toward keeping things clean and building trust.

The Easiest Way to Stay Ahead: Official Government Tools

You don’t have to guess or wait for manufacturer notices. The federal government makes it incredibly simple to check any vehicle for open recalls — and you should be doing it on every car that comes across your lot. Visit the National Highway Traffic Safety Administration’s official site and search for recalls by the 17-digit VIN or, in many cases, by license plate.

In seconds, you’ll see every open recall that applies to that specific vehicle, along with what the fix involves. It’s free, updated regularly, and works for both new and used inventory. Bookmark it on every computer in your sales and service departments — it takes less than a minute and gives you peace of mind.

NHTSA also offers a free SaferCar app if your team prefers checking on the go, but the website should be your go-to resource for quick, reliable lookups.

Best Practices That Keep You Protected

Check for recalls on every vehicle (new or used) the moment it hits your lot — and again before delivery. Document the check and any repairs or disclosures. For new vehicles, lean on your manufacturer’s recall portal or notices — they’ll walk you through the process and reimbursement. For used vehicles: When in doubt, talk to your GM or fixed-ops manager and consider that WVADA disclosure form. Remember, even when the law gives you flexibility on used cars, customers appreciate honesty, and it can help shield you from any “I didn’t know” conversations down the road.

Conclusion

Taking care of recalls the right way isn’t just about staying out of trouble — it’s about serving our customers who trust us with their safety on West Virginia roads with the vehicles we sell them. New cars have a bright-line rule: fix before you sell. Used cars give you more options, but smart dealers combine good judgment with clear communication.

Make the NHTSA recall check part of your daily routine, grab that disclosure form from WVADA, and you’ll sleep better knowing you’re handling the issue in a professional manner. If you ever have questions, the team at WVADA is just a call away. You can also email me at jbrown@pffwv.com.

Drive safe, sell safe and keep our customers coming back.