Is It Illegal to Sell Car Seats

is it illegal to sell car seats is an essential topic that provides valuable insights and practical knowledge for anyone interested in learning more about this subject.

Key Takeaways

• Selling used car seats is legal if they meet current safety standards and have no recalls.
• Never sell expired car seats—most have a 6–10 year lifespan marked on the label.
• Disclose all damage or accidents—selling a compromised seat can lead to liability.
• Avoid selling recalled models—check NHTSA’s database before listing any seat.
• Include original manuals and parts—buyers need them for proper installation and use.
• New car seats must meet FMVSS 213—non-compliant sales violate federal law.

Is It Illegal to Sell Car Seats? A Clear, Practical Guide for Buyers and Sellers

Imagine this: You’re cleaning out your garage and come across your child’s old car seat. It’s been sitting there for years—still in decent shape, you think. “Maybe someone else could use it,” you muse. So you snap a few photos, list it on Facebook Marketplace for $20, and wait for a buyer. Sounds harmless, right?

But what if that car seat is past its expiration date? Or worse—what if it was in a crash and you didn’t know? Suddenly, that simple act of kindness could have serious consequences. You might be wondering: Is it illegal to sell car seats? The short answer? It depends—but in many cases, yes, it can be against the law. And even if it’s not technically illegal everywhere, selling a used car seat can carry real risks—both legal and safety-related. In this guide, we’ll break down the rules, the risks, and what you need to know before buying or selling a car seat.

Understanding the Legal Landscape of Selling Car Seats

When it comes to car seats, safety isn’t just a suggestion—it’s a legal requirement. In the U.S., car seats must meet strict federal safety standards set by the National Highway Traffic Safety Administration (NHTSA). These standards cover everything from crash performance to labeling and instructions. But what happens when a car seat is no longer new? Can you legally sell it?

Federal Laws and Regulations

At the federal level, there’s no outright ban on selling used car seats. However, the NHTSA strongly advises against it. According to their guidelines, used car seats should not be sold or donated if they meet any of the following criteria:

• They are more than six years old (or past the manufacturer’s expiration date)
• They have been involved in a moderate or severe crash
• They are missing parts or instructions
• Their history is unknown (e.g., you bought it secondhand and don’t know its past)
• They have been recalled and not repaired

While these are recommendations, not laws, some states have taken these guidelines a step further by passing legislation that makes it illegal to sell unsafe car seats.

State-Specific Laws on Selling Car Seats

Several U.S. states have enacted laws that directly address the sale of used car seats. For example:

• California: It is illegal to sell or offer for sale a child passenger restraint system (car seat) that does not meet federal safety standards or has been recalled.
• New York: Selling a car seat that has been recalled or is past its expiration date is prohibited.
• Texas: While there’s no statewide ban, local jurisdictions may have stricter rules, and selling a defective seat could lead to liability.
• Illinois: Selling a car seat that doesn’t meet safety standards or has been in a crash is illegal.

These laws are designed to protect children from unsafe products. Violating them can result in fines, penalties, or even criminal charges in extreme cases. So even if your state doesn’t have a specific law, selling a compromised car seat could still expose you to legal risk—especially if a child is injured.

Liability Risks for Sellers

Beyond breaking the law, selling a used car seat opens you up to potential liability. If a child is injured in a crash while using a car seat you sold, and it turns out the seat was expired, damaged, or recalled, you could be held responsible. This is especially true if you claimed the seat was “safe” or “in good condition” without disclosing its history.

For example, imagine you sell a car seat on Craigslist and tell the buyer it’s “barely used.” But you didn’t mention it was in a fender bender two years ago. If that seat fails in a crash and the child is hurt, the parents could sue you for negligence. Even if you win in court, the legal fees and stress aren’t worth the $20 you made.

Why Selling Used Car Seats Is Risky—Even If It’s Legal

Let’s say you live in a state where selling used car seats isn’t explicitly illegal. Does that mean it’s safe or smart? Not necessarily. There are several compelling reasons why selling a used car seat—even a seemingly good one—is a risky move.

Car Seats Have Expiration Dates for a Reason

You might be surprised to learn that car seats expire. Most manufacturers recommend replacing a car seat after six years. Why? Over time, materials degrade. Plastics become brittle, straps weaken, and foam loses its ability to absorb impact. Exposure to heat, sunlight, and humidity—common in cars—accelerates this process.

For example, a car seat stored in a hot garage for five years may look fine, but its internal structure could be compromised. In a crash, it might not protect a child as intended. Selling an expired seat—even unknowingly—puts a child at risk.

Hidden Damage from Crashes

One of the biggest dangers with used car seats is that they may have been in a crash—even a minor one—without showing visible damage. The NHTSA recommends replacing any car seat involved in a moderate or severe crash, even if it appears intact. Why? The internal frame may have micro-fractures that weaken its performance.

Imagine buying a used car seat from a neighbor who says, “We never had an accident.” But what if their car was rear-ended at a stoplight? They might not consider it a “real” crash, but the seat could still be compromised. Without knowing the full history, you—or the person you sell to—could be putting a child in danger.

Recalls and Safety Updates

Car seats are frequently recalled due to defects in buckles, harnesses, or base mechanisms. In 2022 alone, over 1.5 million car seats were recalled in the U.S. for safety issues. If you sell a used seat, you have no way of knowing if it’s been recalled—unless you check the NHTSA website and verify the model and date of manufacture.

Even if you do check, the buyer might not. And if the seat is recalled after you sell it, you could still face backlash or legal trouble if something goes wrong.

Lack of Instructions and Proper Use

Many used car seats come without the instruction manual. Without it, parents may install the seat incorrectly—leading to reduced protection in a crash. Studies show that up to 59% of car seats are installed improperly. Selling a seat without instructions increases this risk.

Additionally, car seat technology evolves. A seat made ten years ago may not meet current best practices for installation or use. For example, newer seats often have better side-impact protection or easier LATCH systems. Selling an outdated model could mean the buyer is using a less safe option.

When Is It Safe—or Even Advisable—to Sell a Car Seat?

So, is it ever okay to sell a car seat? In rare cases, yes—but only under very specific conditions. If you’re considering selling a used car seat, here’s what you need to ask yourself:

Is the Car Seat Still Within Its Expiration Date?

Check the label on the seat—usually on the back or bottom. It will list the manufacture date and often an expiration date (typically six years from manufacture). If it’s expired, do not sell it. Instead, recycle it or dispose of it safely.

Has It Been in a Crash?

If the car seat was in any kind of collision—even a minor one—it should not be sold. Contact the manufacturer to see if it needs to be replaced. Most will provide a replacement at a discount if you return the damaged seat.

Is It Recalled?

Visit the NHTSA recall website and enter the seat’s model number and manufacture date. If it’s recalled and not fixed, do not sell it.

Are All Parts and Instructions Included?

The seat must come with the original instruction manual, all straps, buckles, and bases. Missing parts can make the seat unsafe or unusable.

Can You Prove Its History?

If you’re selling a used seat, be transparent. Provide the manufacture date, usage history, and any documentation. Honesty builds trust and reduces your liability.

If all these boxes are checked, selling might be an option—but consider donating instead. Many charities and shelters accept gently used car seats that meet safety criteria. This way, you’re helping others without profiting from a product that could pose risks.

Alternatives to Selling: What to Do With an Old Car Seat

If selling your car seat feels too risky—or if it doesn’t meet the safety criteria—there are better ways to handle it. Here are some safe and responsible alternatives:

Donate to a Reputable Organization

Many nonprofits, hospitals, and community centers accept used car seats—but only if they meet strict safety standards. Before donating, call ahead to confirm their requirements. Some organizations will only accept seats that are less than five years old, unrecalled, and come with instructions.

For example, Safe Kids Worldwide partners with local coalitions to distribute car seats to families in need. They often host “car seat recycling” events where you can drop off old seats and receive a discount on a new one.

Recycle the Car Seat

Car seats are made of plastic, metal, and fabric—materials that can be recycled, but not in your regular curbside bin. Many manufacturers and retailers offer recycling programs. For instance:

• Graco: Offers a recycling program through TerraCycle. You pay a small fee to ship the seat, and they break it down into recyclable components.
• Britax: Partners with local recycling centers and provides a list of drop-off locations on their website.
• Target: Hosts annual car seat recycling events where you can trade in an old seat for a 20% discount on a new one.

Recycling ensures the materials are reused responsibly and keeps unsafe seats out of circulation.

Dispose of It Safely

If the seat is expired, damaged, or recalled, the safest option is to dispose of it. But don’t just toss it in the trash. To prevent someone from retrieving and using it, take these steps:

• Cut the straps with scissors or a knife
• Remove and discard the harness
• Write “EXPIRED” or “DO NOT USE” on the seat with permanent marker
• Break the plastic shell if possible

This makes it clear the seat is no longer safe to use.

Buying Used Car Seats: What Parents Should Know

While this guide focuses on selling, it’s important to address the other side of the coin: buying used car seats. If you’re considering purchasing a secondhand seat, here’s how to protect your child:

Ask for the Full History

Before buying, ask the seller:

• How old is the seat? (Check the label)
• Has it been in a crash?
• Has it been recalled?
• Are all parts and instructions included?

If the seller can’t answer these questions, walk away.

Inspect the Seat Thoroughly

Look for:

• Cracks or damage to the plastic shell
• Frayed or stretched straps
• Missing or broken buckles
• Signs of wear, mold, or pests

If anything looks off, don’t buy it.

Verify the Expiration Date

Never buy a car seat that’s past its expiration date—even if it’s “only” a few months over. Safety isn’t negotiable.

Register the Seat

Once you buy a new or used seat, register it with the manufacturer. This ensures you’ll be notified if it’s ever recalled.

Car Seat Safety by the Numbers

To put the risks into perspective, here’s a look at key statistics related to car seat safety and usage:

Statistic	Value	Source
Percentage of car seats used incorrectly	59%	NHTSA, 2021
Number of children under 12 saved by car seats (2020)	375	NHTSA
Car seats involved in recalls (2022)	1.5 million	NHTSA
Average lifespan of a car seat	6–10 years	Manufacturer guidelines
States with laws banning sale of unsafe car seats	5+	Safe Kids Worldwide

These numbers highlight why car seat safety is so critical—and why selling or buying used seats requires caution.

Final Thoughts: Safety First, Always

So, is it illegal to sell car seats? In some states, yes—especially if the seat is expired, recalled, or damaged. In others, it may not be explicitly illegal, but it’s still a risky move that could endanger a child and expose you to liability.

Car seats are not like other baby gear. A stroller or high chair might last for years with minimal wear, but a car seat is a life-saving device that must perform perfectly in a crash. Its materials degrade over time, its history matters, and its proper use is critical.

If you have an old car seat, the safest and most responsible choice is to recycle it, donate it to a trusted organization, or dispose of it properly—not sell it. And if you’re in the market for a car seat, always prioritize new or certified pre-owned options from reputable sources.

At the end of the day, no amount of money is worth compromising a child’s safety. Whether you’re buying or selling, remember: when it comes to car seats, the rules exist for a reason. Follow them, respect them, and keep our kids safe on every ride.

Frequently Asked Questions

Is it illegal to sell car seats in the United States?

It is not illegal to sell car seats in the U.S. as long as they meet federal safety standards set by the National Highway Traffic Safety Administration (NHTSA). Sellers must ensure the seats are not recalled and comply with FMVSS 213 regulations.

Can you legally sell used car seats?

Yes, you can legally sell used car seats, but it’s important to verify they haven’t expired, been in an accident, or are under recall. Many experts advise against buying used seats due to potential hidden damage or outdated safety features.

Do I need a license to sell car seats online?

No special license is required to sell car seats online, but you must comply with consumer protection laws and accurately represent the product’s condition and compliance with safety standards. Selling non-compliant or counterfeit seats can lead to legal penalties.

Is it illegal to sell expired car seats?

Yes, it is illegal to sell expired car seats because they may no longer provide adequate protection in a crash. Most manufacturers label expiration dates (typically 6–10 years from manufacture), and selling expired units violates safety regulations.

Can individuals sell car seats on platforms like eBay or Facebook Marketplace?

Yes, individuals can sell car seats on online marketplaces, but they must disclose the seat’s history, expiration date, and any recalls. Platforms may remove listings that violate safety policies or appear to sell unsafe products.

Are there penalties for selling non-compliant car seats?

Yes, selling car seats that don’t meet federal safety standards can result in fines, product seizures, or legal action by regulatory agencies. Always ensure the car seat has a NHTSA compliance label before selling.