Is It Illegal to Sell a Car Seat

Selling a used car seat isn’t automatically illegal, but it can be unsafe and violate regulations if the seat is expired, damaged, or recalled. Understanding federal guidelines, state laws, and safety standards is essential to avoid legal trouble and protect children.

Key Takeaways

• It’s not illegal to sell a car seat in most cases, but safety and legality depend on condition and compliance. Selling a damaged, expired, or recalled seat may violate consumer protection laws.
• Federal regulations require all new car seats to meet FMVSS 213 standards. Used seats must still meet these standards to be legally sold.
• Car seats have expiration dates—typically 6 to 10 years from manufacture. Selling an expired seat is risky and potentially illegal in some jurisdictions.
• You must disclose recalls, damage, and history when selling a used car seat. Failure to do so can lead to liability if a child is injured.
• Private sellers have fewer legal obligations than retailers, but still face risks. Always provide full transparency to avoid legal and ethical issues.
• Donating or giving away a car seat is safer than selling if you’re unsure of its condition. Charities often inspect and refurbish seats properly.
• Buyers should always check for recalls, expiration dates, and damage before purchasing used. Safety should never be compromised for cost savings.

Is It Illegal to Sell a Car Seat? Understanding the Legal and Safety Landscape

When it comes to child safety, few products are as critical—or as tightly regulated—as car seats. These devices are designed to protect infants and young children during vehicle travel, and their effectiveness can mean the difference between life and death in a crash. Because of this, the rules around buying, using, and selling car seats are strict and often misunderstood.

You might be wondering: Is it illegal to sell a car seat? The short answer is no—selling a used car seat is not inherently illegal. However, the legality depends heavily on the condition of the seat, its compliance with safety standards, and how the sale is conducted. Selling a car seat that is expired, damaged, or subject to a recall can cross legal and ethical lines, potentially putting children at risk and exposing sellers to liability.

This article will walk you through everything you need to know about the legality of selling car seats, including federal and state regulations, safety concerns, and best practices for both buyers and sellers. Whether you’re looking to declutter your garage or save money on a child seat, understanding these rules is essential.

Federal Regulations and Safety Standards for Car Seats

In the United States, car seat safety is governed by the National Highway Traffic Safety Administration (NHTSA), a division of the Department of Transportation. The primary regulation is the Federal Motor Vehicle Safety Standard 213 (FMVSS 213), which sets strict requirements for the design, performance, and labeling of child restraint systems.

What FMVSS 213 Requires

FMVSS 213 mandates that all new car seats must undergo rigorous crash testing and meet specific performance criteria. This includes standards for:
– Structural integrity during frontal and side-impact crashes
– Proper harness strength and buckle performance
– Head protection and injury criteria
– Labeling and instruction requirements

These standards ensure that any car seat sold new in the U.S. is capable of protecting a child in a real-world collision. However, the rules become more complex when it comes to used or resold seats.

Are Used Car Seats Required to Meet FMVSS 213?

Technically, yes—any car seat offered for sale, whether new or used, must comply with FMVSS 213. But here’s the catch: the NHTSA does not actively inspect or certify used car seats. It’s up to the seller to ensure the seat still meets safety standards.

This means that if you’re selling a used car seat, you must verify that it:
– Has not been in a moderate or severe crash
– Has no visible damage (cracks, frayed straps, broken buckles)
– Is not subject to an open recall
– Has not expired

Selling a seat that fails any of these checks could be considered a violation of consumer protection laws, even if you’re not a commercial retailer.

Consumer Product Safety Commission (CPSC) Role

The CPSC also plays a role in car seat safety, especially when it comes to recalls and product defects. If a car seat model has been recalled due to a safety issue—such as a faulty buckle or weak shell—it is illegal to sell that seat, even secondhand.

For example, in 2021, over 6 million car seats were recalled by major manufacturers due to potential fire hazards and buckle failures. Selling one of these recalled seats could result in fines or legal action, particularly if a child is harmed.

State Laws and Local Regulations

While federal law sets the baseline, individual states may have additional rules about selling used car seats. These laws vary widely, so it’s important to check your local regulations.

California’s Strict Stance

California has some of the toughest laws regarding used car seats. Under California Health and Safety Code Section 1596.95, it is illegal to sell or offer for sale any child passenger restraint system (car seat) that:
– Has been involved in a vehicle crash
– Has missing or damaged parts
– Does not meet current federal safety standards
– Is subject to a recall

Violating this law can result in a fine of up to $1,000 per offense. The law applies to both private sellers and retailers, making it risky to sell a used seat without thorough inspection.

Other States with Notable Rules

Other states, such as New York and Illinois, have similar but less stringent laws. They may not outright ban the sale of used car seats, but they require sellers to disclose certain information, such as whether the seat has been in an accident.

In contrast, many states have no specific laws about selling used car seats. However, even in these areas, sellers can still face liability under general consumer protection or negligence laws if they sell a defective product.

Liability Risks for Sellers

Even if it’s not explicitly illegal in your state, selling a faulty car seat can lead to serious legal consequences. If a child is injured in a crash while using a defective seat you sold, you could be sued for negligence—especially if you knew or should have known the seat was unsafe.

For example, imagine you sell a used car seat on Facebook Marketplace without mentioning that the harness straps are frayed. If the buyer’s child is hurt in an accident due to the broken straps, you could be held liable for failing to disclose the defect.

This is why transparency is crucial. Always document the condition of the seat and provide a written disclosure of any known issues.

Car Seat Expiration Dates and Why They Matter

One of the most common reasons used car seats are unsafe is because they’ve expired. Yes, car seats have expiration dates—just like food or medications.

Why Do Car Seats Expire?

Car seats are made from plastic, metal, and fabric, all of which degrade over time. Exposure to heat, sunlight, and regular use can weaken materials, making the seat less effective in a crash.

Manufacturers typically set expiration dates 6 to 10 years from the date of manufacture. This date is usually printed on a label on the seat’s base or shell. For example, a seat manufactured in January 2018 would expire in January 2024 or 2028, depending on the brand.

Is It Illegal to Sell an Expired Car Seat?

While there’s no federal law that explicitly bans selling expired car seats, doing so is highly discouraged and may violate state laws or consumer safety principles.

In practice, selling an expired seat is risky because:
– The materials may have degraded beyond safe use
– The seat may no longer meet current safety standards
– Buyers may unknowingly use a compromised seat

Some states, like California, consider selling an expired seat a violation of safety regulations. Even in states without specific laws, selling an expired seat could be seen as deceptive or negligent.

How to Check the Expiration Date

Always look for the manufacture date on the seat. It’s usually stamped on a label near the model number. From there, add 6 to 10 years (check the manual or manufacturer’s website for the exact lifespan).

If the seat is expired, do not sell it. Instead, recycle it or dispose of it properly. Many manufacturers offer take-back programs or recycling guides.

Recalls and the Legal Implications of Selling Recalled Seats

Recalls are a major red flag when it comes to selling used car seats. If a seat has been recalled, it means the manufacturer or NHTSA has identified a safety defect that could endanger children.

How to Check for Recalls

Before selling a used car seat, always check for recalls using the NHTSA’s online recall lookup tool. You’ll need the seat’s model number and manufacture date.

Common reasons for recalls include:
– Faulty buckles that may not latch properly
– Weak shells that could crack in a crash
– Harnesses that loosen over time
– Fire hazards from electrical components (in some newer models)

Is It Illegal to Sell a Recalled Car Seat?

Yes—selling a recalled car seat is generally illegal and unethical. The CPSC prohibits the sale of recalled consumer products, including car seats. This applies to both retailers and private sellers.

For example, if you try to sell a Graco car seat that was recalled in 2020 due to a buckle defect, you could face penalties under the Consumer Product Safety Act. Even if you weren’t aware of the recall, ignorance is not a legal defense.

What to Do If Your Seat Is Recalled

If your car seat is under recall:
1. Stop using it immediately
2. Contact the manufacturer for a free repair, replacement, or refund
3. Do not sell or give it away

Selling a recalled seat not only breaks the law—it endangers children. Always prioritize safety over profit.

Best Practices for Selling a Used Car Seat

If you’ve determined that your car seat is safe, unexpired, and not recalled, you may still want to sell it. Here’s how to do it responsibly and legally.

Inspect the Seat Thoroughly

Before listing the seat, conduct a full inspection:
– Check for cracks in the plastic shell
– Ensure the harness straps are not frayed or twisted
– Test the buckle to make sure it latches and releases properly
– Look for signs of wear, such as faded labels or loose parts

If you find any damage, do not sell the seat.

Provide Full Disclosure

When listing the seat online or in person, be honest about its history. Include:
– The manufacture date and expiration date
– Whether it has ever been in a crash (even a minor one)
– Any known issues or repairs
– Whether it has been recalled (and if so, whether it was fixed)

Use photos to show the seat’s condition. Transparency builds trust and reduces legal risk.

Include the Manual and Original Packaging

The instruction manual is essential for proper installation and use. If you no longer have it, download a copy from the manufacturer’s website and include it with the seat.

Original packaging can also increase the seat’s value and reassure buyers that it hasn’t been mishandled.

Choose the Right Platform

Sell through reputable platforms like Facebook Marketplace, Craigslist, or local parenting groups. Avoid selling on sites that cater to bulk or commercial resale, as they may have stricter policies.

When communicating with buyers, respond promptly and answer all questions honestly.

Consider Alternatives to Selling

If you’re unsure about the seat’s safety, consider donating it instead. Many nonprofits, shelters, and hospitals accept used car seats—but only if they meet safety standards.

Some organizations will inspect and refurbish seats before redistributing them. This ensures the seat is safe and gives it a second life without legal risk to you.

Tips for Buyers: How to Safely Purchase a Used Car Seat

If you’re on the buying end, it’s equally important to protect yourself and your child.

Ask the Right Questions

Before purchasing a used seat, ask:
– When was it manufactured?
– Has it ever been in a crash?
– Is it under recall?
– Are all parts original and undamaged?

A responsible seller will have answers and documentation.

Inspect Before You Buy

If possible, inspect the seat in person. Check for:
– Cracks or stress marks on the shell
– Faded or missing labels
– Stiff or frayed harness straps
– A loose or sticky buckle

If anything looks off, walk away.

Verify the Expiration Date

Make sure the seat hasn’t expired. If it’s within one year of expiration, consider whether it’s worth the risk—especially if you plan to have more children.

Register the Seat After Purchase

Once you buy a used seat, register it with the manufacturer using the model number and manufacture date. This ensures you’ll be notified of any future recalls.

Conclusion: Safety First, Legality Second

So, is it illegal to sell a car seat? The answer isn’t a simple yes or no. While selling a used car seat isn’t automatically against the law, it becomes illegal—or at least highly risky—if the seat is expired, damaged, recalled, or misrepresented.

The bottom line: child safety should always come first. Car seats are life-saving devices, and cutting corners to make a quick sale can have devastating consequences. Whether you’re selling or buying, take the time to verify the seat’s condition, check for recalls, and follow all applicable laws.

When in doubt, don’t sell it. Donate it, recycle it, or keep it as a backup. A few extra dollars aren’t worth the risk to a child’s life. By following these guidelines, you can help ensure that every car seat on the road is as safe as possible.

Frequently Asked Questions

Can I legally sell a used car seat on Facebook Marketplace?

Yes, you can sell a used car seat on Facebook Marketplace as long as it meets safety standards, is not expired, and is not under recall. However, you must disclose its condition and history to avoid legal issues.

Is it illegal to sell a car seat that has been in a minor accident?

Yes, it is generally illegal and unsafe to sell a car seat that has been in any kind of vehicle crash, even a minor one. The structural integrity may be compromised, and most states prohibit selling such seats.

How can I check if a car seat has been recalled?

Use the NHTSA’s online recall lookup tool by entering the seat’s model number and manufacture date. You can also register the seat with the manufacturer to receive recall notifications.

What should I do if I find out a used car seat I bought is recalled?

Stop using the seat immediately and contact the manufacturer for a free repair, replacement, or refund. Do not continue using or reselling a recalled seat.

Do car seats really expire?

Yes, car seats expire due to material degradation over time. Most expire 6 to 10 years from the manufacture date. Using an expired seat can reduce its effectiveness in a crash.

Can I donate a used car seat instead of selling it?

Yes, many charities and nonprofits accept used car seats—but only if they are not expired, damaged, or recalled. Always check with the organization first to ensure they can use it safely.