By Anthony Stapleton
Virginia Code section 46.2-1158 requires that all vehicles pass a state inspection every 12 months. Virginia law requires car dealerships to perform a safety inspection before selling the vehicle to a consumer. In particular, Section 46.2-1539 states, “between the time the vehicle comes into possession of the dealer and the time it is sold at retail it is inspected by an official safety inspection station.”
If the vehicle does not pass the safety inspection, Virginia Code section 46.2-1539 states that a dealer must: 1) take steps to bring it into compliance; or 2) furnish any buyer intending to use on public highways a written disclosure prior to sale. If a dealer violates these requirements, they could be found guilty of a Class 1 Misdemeanor along with civil penalties.
If a dealer sells a vehicle with a passed safety inspection sticker that should not have passed (or if the dealer fails to disclose that the vehicle failed the safety inspection), you may have one of these options:
- Cancel the sale under Section 46.2-1529.1; and/or
- Pursue a claim for misrepresentations or deceptive trade practices under the Virginia Consumer Protection Act (VCPA) which can allow recovery of actual damages, triple damages if the violation was willful, and reasonable attorneys’ fees.
If you believe your rights were violated, contact Steven Krieger Law for assistance.
