---
kind: "section"
citation: "49 C.F.R. § 573.11"
title: "49"
number: "573.11"
heading: "Prohibition on sale or lease of new defective and noncompliant motor vehicles and items of replacement equipment."
url: "https://uscodex.org/cfr/49/573.11"
---

# §573.11. Prohibition on sale or lease of new defective and noncompliant motor vehicles and items of replacement equipment.

- (a) If notification is required by an order under [49 U.S.C. 30118(b)](/usc/49/30118.md?p=b) or is required under [49 U.S.C. 30118(c)](/usc/49/30118.md?p=c) and the manufacturer has provided to a dealer (including retailers of motor vehicle equipment) notification about a new motor vehicle or new item of replacement equipment in the dealer's possession, including actual and constructive possession, at the time of notification that contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard issued under [49 CFR part 571](/cfr/49/part571.md), the dealer may sell or lease the motor vehicle or item of replacement equipment only if:
  - (1) The defect or noncompliance is remedied as required by [49 U.S.C. 30120](/usc/49/30120.md) before delivery under the sale or lease; or
  - (2) When the notification is required by an order under [49 U.S.C. 30118(b)](/usc/49/30118.md?p=b), enforcement of the order is restrained or the order is set aside in a civil action to which [49 U.S.C. 30121(d)](/usc/49/30121.md?p=d) applies.
- (b) [Paragraph (a)](#a) of this section does not prohibit a dealer from offering the vehicle or equipment for sale or lease, provided that the dealer does not sell or lease it.

## Notes

### Amendments

[67 FR 19697, Apr. 23, 2002]

### Authority

Authority: 49 U.S.C. 30102, 30103, 30116-30121, 30166, Pub. L. 112-141, 126 Stat. 405; delegation of authority at 49 CFR 1.95 and 49 CFR 501.8.

### Source

Source: 43 FR 60169, Dec. 26, 1978, unless otherwise noted.

### Amendments

[67 FR 19697, Apr. 23, 2002]