What liability do dealers (automobile dealers in general as well as mobility dealers or modifiers) have if they sell a vehicle that is overweight?
We are speaking here only about the first retail sale of the vehicle. NHTSA’s regulation requires manufacturers (49 CFR 567.4(g)(3)) and alters (49 CFR 567.7(b)) to label vehicles with the appropriate GVWR. They must also certify that the vehicle meets all applicable FMVSS at the time of alteration. If a vehicle is above GVWR it may well not be in compliance with several FMVSS, such as braking and tire standards. Once the vehicle is no longer in compliance, a dealer may not sell it under 49 U.S. C. Chapter 301 (formerly the Motor Vehicle Safety Act) and NHTSA can seek enforcement action. In addition, a dealer who knowingly sells an unsafe vehicle, whether new or used, may be liable under civil tort laws in the event of a problem with that vehicle. S/he may also be guilty of fraud. State laws address these issues.
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