Connecticut Lemon Law Firms:
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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.

Generally, the Lemon Laws stipulate that if you buy (and in most states, lease) a brand new or pre-owned vehicle or other vehicle with a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the original maker cannot rebuild it in spite of persistent tries (inside a defined time limit that varies from state to state), or if the product is not drivable for a limited time period (generally 30 days) due to its troubles, you are qualified to a broad range of costs, including:

1. Monetary damage settlements
2. A refund of the purchase cost
3. A new vehicle
In addition, almost all of the Lemon Laws (and the Federal Warranty Law) have a fee transferring component which provides that if you win your case, the original producer or car dealership which sold you your lemon is forced to pay attorneys' fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are distinct, the average state Lemon Law statute provides compensation to a consumer with a defective automobile purchased with a warranty if:

1. The dealership or original producer cannot genuinely fix a specific failing in the automobile after a reasonable number of repair efforts (usually at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to problems in the vehicle; or
3. The car dealership or original producer can't fix a problem that is a crucial safety risk.

Generally, a defective car is a car with a defect or condition that frequently impares its function, economic value, or safety to the consumer and does not maintain the standard of the warranty. In most instances, the time period during which the Lemon Laws apply are rather short; the problems and subsequent repair attempts (or out-of-service period) occasionally will take place during the first two-years or 24,000 miles of consumer ownership of the car. However, a number of states have even shorter periods. Additionally, many states have notice and activation prerequisites, such as requiring the consumer to send out registered mail notice to the original maker of the shortcomings and giving the car dealership an opportunity to remedy the automobile. Furthermore, various states require that Lemon Law lawsuits be resolved through an arbitration proceeding.

Generally, state Lemon Law statues also apply to leased automobiles and preowned automobiles purchased while under the producers basic warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger automobiles. depending on the customer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (such as electronics)
There are many effective remedies available under the Lemon Laws. Typically, if the original equipment manufacturer just can not repair the motor vehicle, the consumer can either require the original equipment manufacturer to replace the car, or obligate the original equipment manufacturer to take the car and return the price paid together with incidental damages, including all fees, towing charges, repair costs, associated travel charges and other damages incurred by the consumer as a consequence of the defects in the vehicle. Another important relief possible under most Lemon Laws is litigation expenses. In virtually all states, if you prevail in a Lemon Law lawsuit, you do not have to pay any laywers' expenses-the auto original producer that sold you your lemon is required to pay court expenses.

The defendant car manufacturing business can utilize several defenses to a Lemon Law claim. The general regulation extends that the original maker is not liable if it can demonstrate that the defects in question persisted due to misdeed, negligence, or the tampering or alteration of a vehicle by a party other than the original producer, an agent, or an authorized repair facility. In different words, if the consumer damages his or her own vehicle, or the flaws were a consequence of tampering or alterations carried out by an unauthorized person, the original producer may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer goods to give customers explanatory information about warranty coverage benefits. In addition, it regulates both the rights of consumers and the obligations of warrantors under written warranties.

Even though the Magnuson Moss Act doesn't require an vehicle manufacturer to furnish customers with a warranty, if a warranty is offered, the Magnuson Moss Act affords various protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by permitting consumers to recover court charges and sensible attorney's expenses.

The Magnuson Moss Act is frequently valuable in a lemon situation where, for some reason, a state Lemon Law claim is unavailable or furthermore disadvantageous. For instance, unlike the relatively short time period offered to customers inside most Lemon Laws, you may bring a claim for breach of warranty after the warranty period has passed as long as the problems happened during the warranty time period. Additionally, although some Lemon Laws restrict their coverage benefits to a very specific number of motor vehicles, the Magnuson Moss Act is relevant to just about all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a preowned motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 American States. It is the main agent of law regulating product warranties, including motor vehicles and other items. The UCC affords a legal course for consumers with lemon problems.

UCC code states that the buyer of a product is entitled to return merchandise that fail in any regard to the contract. So, if your recently purchased vehicle does not work as bound by the original producer (your written warranty is a portion of your consumer agreement), you may have a claim citing the UCC in addition to whatever additional claims you might have.

The time period for rejecting a car with the UCC is not limitless. If you come upon a problem in your motor vehicle within a fair posession time period, you can reject the vehicle. Unfortunately, brand new cars can be frequently mechanically complex and you might not know whether your car conforms to the agreement till after you acquire the car and defects start to arise. Therefore, if Long after this posession period you do not reject the car, you will be pronounced to have okayed it and may have no claim through the UCC.

The length of the inspection period is not defined in the regulation. Courts determine how long the reasonable review period is based on the consumer's understanding and past experience, the consumer's difficulty in exposing the gremlin, and the consumer's opportunity to find the problem.

In spite of this limit, the UCC says that in certain examples where a buyer is pronounced to have approved of products (i.e. the reasonable review time period has passed), a buyer may still recant his acceptance of those goods where the non-conformity considerably impares the marketability of the goods to him. Those examples include suits in which it is burdensome to identify the nonconformity or the buyer was told that the non-conformity would be repaired. In other words, the court will relieve the buyer from not refusing the goods where the buyer 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 car dealership for repair under the warranty, the car lemon law can be your next recourse. The fault must be significant in which it prohibits your driving the car or your safety. A car stalling for no reason is a significant fault. This is precisely the type of defect that can impair your driving and your safety. Under the car lemon law you are not required to show why the automobile is stalling, you simply have to verify that it is stalling. In essence you need to check over the lemon law in these 3 instances: the automobile keeps breaking inside the warranty time period, the automobile is a safety hazard, the car dealership is incapable to rebuild the automobile when it is warranted.

If you have a vehicle which is a lemon you can immediately write to the manufacturer and ask for a replacement vehicle. If this request is not acceptable to the manufacturer, you can move into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers employ third party arbitration program such as Autoline by the Better Business Bureau. The opinion of the arbitrators is binding on the manufacturer but not on the consumer. If unsatisfied with the assessment, the consumer can take the manufacturer to court.

Virtually all laws specify that the consumer needs to be restored back to the financial position they were in prior to purchasing the car, less the measure that the consumer gained from by using the car. To get the compensation sum several components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used automobiles might qualify under normal lemon laws. For example, a pre-owned automobile might fall under normal lemon laws if it is less than 1 year old and has less than 12,000 miles on the odometer. States which do have a pre-owned automobile lemon law might be more accommodative with the age and measure of mileage. Still, the automobile has to be sold by a dealer that offers a warranty. Private sales are not involved, nor are vehicles sold under a certain price paid. There may be additional restrictions to a used car lemon law such as the proposes for which the car is driven or the classification of car. Older automobiles, are normally excluded from pre-owned automobile lemon laws. Used automobile lemon laws commonly cover a much shorter period of time than new automobile regulations. They frequently range from 30 to 90 days, depending on your used vehicle's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing system. Many lemon law lawyers call for a rather modest retainer to manage a lemon law claim, and subsequently, the lawyer's invoices are charged to the maker. In essence, lemon law claims are ordinarily very low-cost to public consumers. The reimbursement of lawyer expenses varies from state to state. About one-half of the states let you to recoup your Lawyer invoices if you win. The lawyer's fee is based upon actual time used instead of being connected to any portion of the recuperation. In some States, you have to pay the manufacturer's attorney's fees if you lose.

Consumers should place their concerns in writing and hold a copy. In every written correspondence, always outline how difficult it is to bring the car to the dealership for corrections and that the reliableness that the owner thought She was receiving has been non-existent. Any written correspondence with a dealer or maker needs to be sent using certified mail. In many situations the makers claim that they haven't had the requisite number of tries to repair the condition. They count on the reality that the owner doesn't have repair receipts for each occurance they have taken the auto into the authorized repair facility. They also bet on the possibility that the repair receipts have seperate items repaired each occurance showing that they haven't fixed the same problem. Consumers should reply by expecting that dealerships always hand them a warranty repair order. Consumers must also contend that these undocumented trips are efforts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately read your owner's folder and warranty references entirely, along with the data on lemon law rights which you ought to obtain when you choose your vehicle. Don't bet on your car dealership to tell you which defects are covered by warranty. If your car dealership states that a problem isn't covered and you believe that she is decieving you, be civil but self-assertive. Don't be afraid to point out the segment of the warranty that is relevant, or to call the original equipment manufacturer for verification applying the contact data included in your owner's folder. You shouldn't be obliged pay for work related to to lemon law complaints. It's also necessary to give notice the original equipment manufacturer of a complaint as soon as possible. If you are suspicious that your car has a condition which can't be fixed, 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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