Yes, a dealership can sell a car with a cracked windshield, but it is generally not a straightforward or recommended practice. The legality hinges on two critical factors: proper disclosure of the defect and the terms of the sale. If the car is sold with a cracked windshield, the dealership must explicitly inform you of the damage, typically on the buyer's guide or window sticker, and often sell the vehicle "as-is." Selling a car with a known safety issue without disclosure could be considered fraudulent.
The primary concern is violating Federal Motor Vehicle Safety Standards (FMVSS), which mandate that a vehicle's safety systems, including the windshield, must be in proper working order. A severely cracked windshield can compromise the structural integrity of the roof in a rollover and impair the effectiveness of the passenger-side airbag, which often uses the windshield as a reaction surface. Furthermore, every state has its own vehicle inspection laws. A car with a cracked windshield would fail a state safety inspection, making it illegal to register until repaired.
Your best protection is to carefully review the Buyer's Guide sticker on the car's window. This sticker must indicate whether the vehicle is sold with a warranty or "as-is." If the crack is not listed as a known defect on an "as-is" sale, you may have legal recourse. Always insist on having the windshield repaired before finalizing the purchase, or negotiate a significant price reduction to cover the full cost of a professional replacement.
| Sale Type | Disclosure Required? | Can it be Registered? | Recommended Action |
|---|
| "As-Is" with Disclosure | Yes, the crack must be listed. | No, not until repaired. | Negotiate a repair cost discount. |
| With Warranty | The crack should be repaired prior to sale. | Yes, it should be ready to drive. | Ensure repair is completed pre-purchase. |
| Without Disclosure | No, this is illegal. | Possibly, but sale is fraudulent. | Walk away from the deal. |
