| Connecticut Lemon Law Firms, the Connecticut lemon law code, and information
Connecticut Lemon Law Firms:
This is a list of law firms that are registered as specializing in Connecticut lemon law cases.
| Nissenbaum & Associates, LLC |
2400 Morris Ave. Union, NJ 07083 7083 |
0.00 miles |
| (908) 686-8000 |
gdnlaw.lawoffice.com |
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| Perrotta, Fraser & Forrester, LLC |
16 Valley Road Clark, NJ 07066 7066 |
0.00 miles |
| (732) 680-1400 |
pffplaw.lawoffice.com |
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| Law Office of Kyle G. Schwartz |
18 Hamilton Street Suite 7 Bound Brook, NJ 08805-2015 8805 |
0.00 miles |
| (732) 271-1080 |
kyleschwartzlaw.lawoffice.com |
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| Law Offices of Irwin D. Tubman, LLC |
526 Broadway P.O. Box 61 Bayonne, NJ 07002 7002 |
0.00 miles |
| (201) 243-9700 |
www.tubmanlaw.com |
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| Martin, Lord & Osman, P.A. |
One Mill Plaza Laconia, NH 03246 3246 |
0.00 miles |
| (800) 439-5999 |
www.mlolaw.com |
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| Law Offices of Robert G. Stahl, LLC |
220 St. Paul Street Westfield, NJ 07090 7090 |
0.00 miles |
| (908) 301-9001 |
www.stahlesq.com |
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| LaRocca Feeley Smith & Rosellini |
76 South Orange Ave. South Orange, NJ 07079 7079 |
0.00 miles |
| (973) 763-6100 |
www.laroccafeeleysmith.com |
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| Frier & Levitt, LLC |
Suite A 19 Microlab Rd. Livingston, NJ 07039 7039 |
0.00 miles |
| (973) 535-1660 |
www.frierlevitt.com |
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| Morales & Howell Law Offices |
348 Franklin Street Bloomfield, NJ 07003 7003 |
0.00 miles |
| (973) 259-0101 |
www.moraleshowell.com |
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| Laufer, Knapp, Torzewski & Dalena, LLC |
23 Cattano Avenue Morristown, NJ 07960 7960 |
0.00 miles |
| (973) 285-1444 |
www.lauferknapp.com |
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Connecticut General Statutes Annotated § 42-179 to 180
42-179 New motor vehicle warranties.
Leased vehicles. Resales. Transfers. Manufacturer buybacks.
(a) As used in this chapter:
(1) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any person entitled by the terms of such warranty to enforce the obligations of the warranty; and
(2) "motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle, as defined in section 14-1, which is sold or leased in this state.
(b) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first eighteen thousand miles of operation, whichever period ends first, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of the applicable period.
(c) No consumer shall be required to notify the manufacturer of a claim under this section and sections 42-181 to 42-184, inclusive, unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner's manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.
(d) If the manufacturer, or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, safety or value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle acceptable to the consumer, or accept return of the vehicle from the consumer and refund to the consumer, lessor and lien holder, if any, as their interests may appear, the following:
(1) The full contract price, including but not limited to, charges for undercoating, dealer preparation and transportation and installed options,
(2) all collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges,
(3) all finance charges incurred by the consumer after he first reports the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is out of service by reason of repair, and
(4) all incidental damages as defined in section 42a-2-715, less a reasonable allowance for the consumer's use of the vehicle. No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturers' instructions. Refunds or replacements shall be made to the consumer, lessor and lien holder if any, as their interests may appear. A reasonable allowance for use shall be that amount obtained by multiplying the total contract price of the vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return. It shall be an affirmative defense to any claim under this section
(1) that an alleged nonconformity does not substantially impair such use, safety or value or
(2) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
(e) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if
(1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first eighteen thousand miles of operation, whichever period ends first, but such nonconformity continues to exist or
(2) the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the applicable period, determined pursuant to subdivision (1) of this subsection. Such two-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster. No claim shall be made under this section unless at least one attempt to repair a nonconformity has been made by the manufacturer or its agent or an authorized dealer or unless such manufacturer, its agent or an authorized dealer has refused to attempt to repair such nonconformity.
(f) If a motor vehicle has a nonconformity which results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it shall be presumed that a reasonable number of attempts have been undertaken to conform such vehicle to the applicable express warranties if the nonconformity has been subject to repair at least twice by the manufacturer or its agents or authorized dealers within the express warranty term or during the period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever period ends first, but such nonconformity continues to exist. The term of an express warranty and such one-year period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike or fire, flood or other natural disaster.
(g)
(1) No motor vehicle which is returned to any person pursuant to any provision of this chapter or in settlement of any dispute related to any complaint made under the provisions of this chapter and which requires replacement or refund shall be resold, transferred or leased in the state without clear and conspicuous written disclosure of the fact that such motor vehicle was so returned prior to resale or lease. Such disclosure shall be affixed to the motor vehicle and shall be included in any contract for sale or lease. The Commissioner of Motor Vehicles shall, by regulations adopted in accordance with the provisions of chapter 54, prescribe the form and content of any such disclosure statement and establish provisions by which the commissioner may remove such written disclosure after such time as the commissioner may determine that such motor vehicle is no longer defective.
(2) If a manufacturer accepts the return of a motor vehicle or compensates any person who accepts the return of a motor vehicle pursuant to subdivision (1) of this subsection such manufacturer shall stamp the words "MANUFACTURER BUYBACK" clearly and conspicuously on the face of the original title in letters at least one-quarter inch high and, within ten days of receipt of the title, shall submit a copy of the stamped title to the Department of Motor Vehicles. The Department of Motor Vehicles shall maintain a listing of such buyback vehicles and in the case of any request for a title for a buyback vehicle, shall cause the words "MANUFACTURER BUYBACK" to appear clearly and conspicuously on the face of the new title in letters which are at least one-quarter inch high. Any person who applies for a title shall disclose to the department the fact that such vehicle was returned as set forth in this subsection.
(3) If a manufacturer accepts the return of a motor vehicle from a consumer due to a nonconformity or defect, in exchange for a refund or a replacement vehicle, whether as a result of an administrative or judicial determination, an arbitration proceeding or a voluntary settlement, the manufacturer shall notify the Department of Motor Vehicles and shall provide the department with all relevant information, including the year, make, model, vehicle identification number and prior title number of the vehicle. The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 specifying the format and time period in which such information shall be provided and the nature of any additional information which the commissioner may require.
(4) The provisions of this subsection shall apply to motor vehicles originally returned in another state from a consumer due to a nonconformity or defect in exchange for a refund or replacement vehicle and which a lessor or transferor with actual knowledge subsequently sells, transfers or leases in this state.
(h) All express and implied warranties arising from the sale of a new motor vehicle shall be subject to the provisions of part 3 of article 2 of title 42a.
(i) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(j) If a manufacturer has established an informal dispute settlement procedure which is certified by the Attorney General as complying in all respects with the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, and with the provisions of subsection (b) of section 42-182, the provisions of subsection (d) of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
42-179a Copies of paperwork or invoices.
A dealer or authorized agent of a manufacturer shall, upon the request of a consumer, provide such consumer with copies of any paperwork or invoices related to repair work performed on such consumer's automobile in accordance with the provisions of subsection (b) of section 42-179. Any person who violates the provisions of this section shall be guilty of an infraction.
42-179b Dealers and lessors to deliver information.
Each motor vehicle dealer, as defined in subsection (11) of section 14-1, and each person engaged in the business of leasing new motor vehicles shall, at the time of sale or execution of the lease of any new motor vehicle, deliver to the consumer, as defined in subdivision (1) of subsection (a) of section 42-179, of such vehicle written information, in a form approved by the Commissioner of Consumer Protection, which explains the new automobile warranty and dispute settlement program established pursuant to this chapter.
42-180 Costs and attorney's fees in breach of warranty actions.
In any action by a consumer against the manufacturer of a motor vehicle, or the manufacturer's agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff his costs and reasonable attorney's fees or, if the court determines that the action was brought without any substantial justification, may award costs and reasonable attorney's fees to the defendant.
Essentially, the Lemon Laws specify that if you acquire (and in some states, lease) a brand new or pre-owned vehicle or other vehicle with a warranty that is defective, and the original producer just can't repair it despite repeated attempts (inside a specified time that differs from state to state), or if the motor vehicle is not usable for a stipulated period (usually 30 days) because of its flaws, you are eligible to a broad number of abuses, including:
1. Money damages
2. A repayment of the original price
3. A brand new vehicle
Moreover, just about all the Lemon Laws (and the Federal Warranty Law) contain a fee shifting mechanism that provides that if you win your case, the manufacturing business or dealer that sold you the lemon is expected to pay litigation expenses.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute vary, the conventional state Lemon Law statute offers remedy for buyers with a impared motor vehicle covered by a warranty if:
1. The dealership or manufacturing business cannot legitimately fix a specific fault in the product after a reasonable number of repair efforts (normally at least three);
2. The automobile can't be driven for at least 30 days due to defects in the automobile; or
3. The car dealership or manufacturing business cannot remedy a problem that is a significant safety hazard.
Generally, a faulty automobile is a automobile with a defect or condition that largely cripples its drivability, economic value, or safety to the consumer and does not comply with the warranty. In most instances, the period of time during which the Lemon Laws apply are relatively short; the problems and resultant repair efforts (or out-of-service period) generally must occur during the first 2-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter periods. Additionally, most states have notification and trigger prerequisites, such as wanting the consumer to give registered mail notice to the maker of the shortcomings and giving the dealership a chance to fix the car. In addition, various states demand that Lemon Law lawsuits be settled through an arbitration system.
Generally, state Lemon Law ordinances also are applicable to leased cars and used cars purchased whilst under the manufacturer's original warranty. A good number of state Lemon Laws also apply to cars other than passenger vehicles. depending on the consumer's home residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (like televisions)
There are many powerful resolutions possible under the Lemon Laws. US Statesally, if the original equipment manufacturer just can't repair the motor vehicle, the consumer can either demand the original equipment manufacturer to replace the car, or force the original equipment manufacturer to take the car and return the original cost plus incidental costs, such as all fees, towing fees, repair costs, related transportation charges and other charges incurred by the consumer as a result of the flaws in the car. Another important remedy possible under most Lemon Laws is attorneys' expenses. In many states, if you prevail in a Lemon Law case, you will not have to pay any laywers' expenses-the car original producer that sold you your lemon is obligated to pay all of your legal charges.
The defendant auto original equipment manufacturer can assert many defenses to a Lemon Law claim. The typical statute affords that the original maker is not liable if it can establish that the defects in dispute were caused by abuse, neglect, or the alteration or modification of a car by persons other than the original maker, its agent, or an authorized dealer. Put differently, if the consumer breaks his or her own vehicle, or the defects were the fault of tampering or adjustments conducted by an unauthorized person, the original maker may not be liable.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer items to give customers detailed data about warranty coverage. Additionally, it regulates both the rights of public consumers and the responsibilities of warrantors under written warranties.
Although the Magnuson Moss Act doesn't demand an automobile original producer to supply consumers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by permitting public consumers to recuperate legal charges and sensible attorneys' charges.
The Magnuson Moss Act is oftentimes relevant in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or moreover unfavorable. For instance, contrary to the rather short cycle provided to purchasers inside virtually all Lemon Laws, you can file a claim for breach of warranty after the warranty period has expired if the problems occurred during the warranty period. Also, although many Lemon Laws limit their coverage benefits to a narrow list of cars, the Magnuson Moss Act is relevant to near all consumer goods. The Magnuson Moss Act might also apply if you purchased or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a third party agreement or other variant of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the prime basis of law regulating product contracts, including vehicles and other items. The UCC offers a legal avenue for consumers with lemon troubles.
UCC code provides that the consumer of a good is entitled to return merchandise that break in any aspect to the consumer agreement. Fundamentally, if your brand new item doesn't function as bound by the original maker (your manufacturer warranty is part of your consumer agreement), you may have a claim citing the UCC in addition to whatever other claims you might have.
The period of time for returning a vehicle with the UCC is not unlimited. If you expose a fault in your vehicle inside a reasonable review period, you may reject the car. Unfortunately, new cars are frequently technically complicated and you may not recognize whether your automobile conforms to the consumer warranty until after you purchase the automobile and problems start to arise. Essentially, if Following this review period you fail to refuse the automobile, you will be pronounced to have o.K.ed it and will have no claim through the UCC.
The duration of the inspection time period is not outlined in the regulation. The Courts decide how long the reasonable inspection period is based on the purchaser's understanding and past experience, the purchaser's trouble in coming upon the problem, and the purchaser's opportunity to discover the problem.
In spite of this restriction, the UCC provides that in certain cases where a consumer is deemed to have approved of goods (i.e. the reasonable inspection time period has expired), a consumer may still negate his favorable reception of those products where the non-conformity largely degrades the marketability of the products to him. Those instances include lawsuits in which it was burdensome to observe the nonconformity or the consumer was told that the non-conformity would be remedied. Put differently, the court will pardon the consumer from not rejecting the products where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks and you have to keep bringing it back to the dealer for repair under the written warranty, the motor vehicle lemon law can be your next course. The gremlin should be substantial where it intereferes with your driving the item or your safety. A item stalling often is a substantial gremlin. This is exactly the type of defect that can stymie your driving and your safety. Under the automobile lemon law you are not obligated to show why the auto is stalling, you merely have to establish that it is stalling. Basically you need to go over the lemon law in these three situations: the auto keeps dying within the warranty time period, the auto is a safety hazard, the dealer is unable to recondition the auto when it is guaranteed.
If you own a car which is a lemon you can immediately write to the original equipment manufacturer and ask for a replacement car. If this requirement is not satisfactory to the original equipment manufacturer, you may start into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* utilise third party arbitration program such as Autoline by the BBB. The recommendation of the arbitrators is binding on the original equipment manufacturer but not on the owner. If unsatisfied with the proposal, the owner can take the original equipment manufacturer to court.
Virtually all laws stipulate that the consumer ought to be restored back to the financial status they were in prior to purchasing the motor vehicle, less the measure that the consumer gained from by using the motor vehicle. To get the refund amount a number of factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used cars might qualify under regular lemon laws. For example, a pre-owned auto might fall under regular lemon laws if it is less than one year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned auto lemon law will be extra accommodative with the age and measure of mileage. Still, the auto must be sold by a dealer that extends a written warranty. Private party sales are not regulated, neither are motor vehicles sold under a certain original cost. There could be additional restrictions to a used car lemon law such as the proposes for which the motor vehicle is driven or the classification of motor vehicle. Classic vehicles, are commonly excluded from used auto lemon laws. Used auto lemon laws ordinarily cover a much shorter time period than new auto laws. They usually range from 30 to 90 days, based on your pre-owned car's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee structure. Many lemon law lawyers assume a relatively humble retainer to address a lemon law claim, and subsequently, the lawyer's fees are charged to the manufacturing business. Therefore, lemon law claims are commonly very inexpensive to consumers. The reimbursement of attorney bills differs from state to state. About half of the states allow for you to recover your Lawyer fees if you win. The attorney's fee is based on actual time spent instead of being attached to any percent of the recovery. In a select few States, you must pay the manufacturer's lawyer's invoices if you lose.
Consumers ought to register their concerns in writing and save a copy. In any written communication, always describe how taxing it is to return the automobile to the car dealership for work and that the dependability that the consumer believed She was acquiring has been non-existent. Any written communication with a dealer or manufacturing business needs to be sent using certified postal service. In almost all suits the manufacturing business* claim that they have not had the essential number of tries to correct the problem. They assume on the reality that the consumer doesn't file repair sheets for each instance they have driven the automobile into the authorized dealership. They also rely on the possibility that the repair sheets have different items fixed each period demonstrating that they haven't repaired the same problem. Consumers ought to respond by demanding that dealers always give them a warranty repair order. Consumers should also indicate that these unwritten visits are efforts.
Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's binder and warranty info entirely, and the facts concerning lemon law rights that you should receive when you acquire your automobile. Don't depend on your car dealership to show you which defects are covered by warranty. If your car dealership states that a problem is not covered and you think that he is misleading you, be civilized but confident. Don't be scared to go over the section of the warranty that applies, or to call the original equipment manufacturer for confirmation utilizing the contact data included within your owner's binder. You shouldn't be obligated pay for work connected to lemon law complaints. It's also essential to notify the original equipment manufacturer of a complaint immediately. If you are suspicious that your car has a problem what just can't be remedied, check out your lemon law rights to see when you are able to bring a lemon law complaint.
Lemon Law Tips:
1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.
4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.
6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws
If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.
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