| 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.
In simple terms, the Lemon Laws state that if you acquire (and in several states, lease) a brand new or used vehicle or other car covered by a manufacturer's warranty that does not work as intended, and the manufacturer can't correct it despite recurring attempts (within a specified time that varies from state to state), or if the motor vehicle is in the shop for a limited time period (generally 30 days) due to its problems, you are eligible to a wide number of damage settlements, inclusive of:
1. Monetary restitution
2. A compensation of the purchase cost
3. A new car
Moreover, nearly all the Lemon Laws (as well as the Federal Warranty Law) feature a fee transferring element which states that if you win your suit, the original equipment manufacturer or car dealership that sold you the lemon is forced to pay your litigation fees.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute are distinct, the average state Lemon Law statute provides remedy for owners with a broken-down motor vehicle covered by a warranty if:
1. The car dealership or original equipment manufacturer can't genuinely repair a specific failing in the automobile after a sensible number of repair efforts (commonly at least three);
2. The car cannot be used for at least 30 days due to troubles in the motor vehicle; or
3. The car dealership or original equipment manufacturer just can not correct a failing that is a pressing safety risk.
More often than not, a bad vehicle is a vehicle with a defect or condition that largely impares its usability, economic value, or safety to the consumer and doesn't comply with the warranty. In most instances, the period of time in which the Lemon Laws are applicable are rather short; the flaws and resulting repair efforts (or out-of-service time period) usually will happen during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter time periods. Additionally, virtually all states have notification and activation requirements, such as expecting the consumer to send registered post notice to the manufacturer of the troubles and establishing the car dealership a chance to remedy the motor vehicle. Also, many states demand that Lemon Law lawsuits be settled through an arbitration procedure.
Generally, state Lemon Law regulation codes also are applicable to leased vehicles and used automobiles bought whilst under the producers factory warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger cars. depending upon the customer's state of residence, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (like computers)
There are a number of powerful resolutions possible under the Lemon Laws. Often times, if the manufacturer just can not fix the motor vehicle, the consumer can either expect the manufacturer to replace the motor vehicle, or force the original maker to take the motor vehicle and payback the original cost together with incidental costs, like all bills, towing charges, repair charges, related travel costs and other costs incurred by the consumer as a result of the troubles in the motor vehicle. Another important relief available under most Lemon Laws is legal fees. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any legal bills-the automobile original producer that sold you your lemon is obligated to pay your court invoices.
The defendant car manufacturing business can employ several defenses to a Lemon Law claim. The general regulation affords that the maker is not liable if it can show clearly that the flaws at issue persisted due to exploitation, carelessness, or the modification or tampering of a vehicle by anybody other than the original equipment manufacturer, its agent, or an authorized dealer. Put differently, if the consumer damages his or her own automobile, or the shortcomings were caused by tampering or alterations carried out by an unauthorized person, the original equipment manufacturer may not be liable.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires makers and sellers of consumer commodities to provide consumers with comprehensive information about warranty coverage benefits. Additionally, it affects both the rights of consumers and the obligations of warrantors under written warranties.
Even though the Magnuson Moss Act doesn't demand an vehicle maker to provide purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers various protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breaking the warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and fair attorneys' fees.
The Magnuson Moss Act is often helpful in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not available or furthermore unfavorable. For example, unlike the generally short time period offered to customers with almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the problems happened during the warranty time period. Moreover, although some Lemon Laws limit their coverage to a narrow offering of vehicles, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act could also apply if you bought or leased a preowned car without a manufacturing business warranty, or if the car is covered by a service contract or other variant of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 US States. It is the prime foundation of law governing warranties on consumer goods, including vehicles and other items. The UCC provides a legal course for customers with lemon troubles.
UCC code provides that the consumer of a good is entitled to return merchandise which fail in any feature to the warranty. So, if your recently purchased motor vehicle does not work as endorsed by the manufacturing business (your written warranty is part of your warranty), you may have a claim citing the UCC in addition to whatever other claims you may have.
The period for taking back a motor vehicle with the UCC is not unlimited. If you identify a deficiency in your automobile within a reasonable review time period, you may refuse the motor vehicle. Unfortunately, new automobiles are frequently technically enigmatic and you may not notice whether your motor vehicle conforms to the warranty till after you buy the motor vehicle and defects begin to develop. So, if Long after this review time you do not reject the motor vehicle, you will be stated to have approved of it and may have no claim through the UCC.
The length of the inspection time period is not delineated in the regulation. Local courts determine how long the reasonable review period is based on the purchaser's familiarity and past experience, the purchaser's difficulty in finding the defect, and the purchaser's chance to identify the problem.
In spite of this limit, the UCC provides that in certain examples where a purchaser is stated to have accepted products (i.e. the reasonable review time period has expired), a purchaser can still negate his acceptation of those goods where the non-conformity frequently degrades the marketability of the goods to him. Those instances include examples where it proves difficult to notice the nonconformity or the purchaser was assured that the non-conformity would be repaired. In other words, the local court will exempt the purchaser from not refusing the goods where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively gives out and you have to keep bringing it back to the dealership for repair under the written warranty, the auto lemon law may be your next course of action. The defect ought to be substantive where it hampers your driving the item or your safety. A item stalling constantly is a substantive defect. This is precisely the type of defect that can stymie your driving and your safety. Under the vehicle lemon law you are not required to demonstrate why the motor vehicle is stalling, you merely have to demonstrate that it is stalling. In essence you need to check the lemon law in these three situations: the motor vehicle keeps breaking down inside the warranty time period, the motor vehicle is a safety hazard, the car dealership is incapable to recondition the motor vehicle when it is guaranteed.
If you have a vehicle which is a lemon you can immediately write to the maker and ask for a replacement vehicle. If this request is not satisfactory to the maker, you can start into an arbitration program. A few makers incorporate their own arbitration program. Other makers have third party arbitration program like Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the maker but not on the consumer. If unsatisfied with the proposition, the consumer can take the maker to court.
Virtually all regulations provide that the consumer needs to be restored back to the fiscal situation they were in prior to purchasing the automobile, less the amount that the consumer profited from by using the automobile. To get the payback total many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles may qualify under regular lemon laws. For example, a pre-owned motor vehicle may fall under normal lemon laws if it is less than a year old and has got less than 12,000 miles on the odometer. States which do have a used motor vehicle lemon law might be more accommodative with the age and measure of mileage. Still, the car must be sold by a car dealership that supplies a warranty. Private party sales are not involved, neither are vehicles sold under a specific original cost. There may be other restrictions to a used car lemon law such as the functions for which the automobile is pre-owned or the classification of automobile. Older motor vehicles, are normally excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than new car laws. They usually range from 30 to 90 days, based on your used car's mileage.
When selecting an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the pricing program. Many lemon law lawyers need a generally modest retainer to address a lemon law claim, and thereafter, the attorney's invoices are sent to the manufacturer. In essence, lemon law claims are normally very affordable to purchasers. The reimbursement of attorney expenses varies from state to state. About one-half of the states allow for you to recover your Lawyer expenses if you win. The attorney's fee is based upon actual time used rather than being tied to any other share of the recovery. In some States, you will pay the manufacturing business* attorney's invoices if you lose.
Consumers ought to put their charges in writing and retain a copy. In all written communication, always make clear how taxing it is to bring the auto to the car dealership for corrections and that the reliableness that the customer thought He or she was buying has been non-existent. Any written communication with a car dealership or manufacturer should be sent using certified postal service. In most cases the makers claim that they haven't had the requisite number of attempts to repair the condition. They assume on the reality that the customer doesn't have repair sheets for each time they have brought the vehicle into the shop. They also depend on the possibility that the repair sheets have different parts repaired every instance demonstrating that they haven't fixed the same problem. Consumers ought to reply by requiring that dealerships always hand them a warranty repair order. Consumers should also contend that these unrecorded visits are efforts.
Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty info entirely, along with the data pertaining lemon law rights which you should receive when you acquire your vehicle. Don't depend on your car dealership to identify what defects are covered by warranty. If your car dealership states that a problem is not covered and you think that he or she is misleading you, be genteel but assertive. Don't be scared to point out the segment of the warranty that is relevant, or to call the original producer for confirmation utilizing the contact info included inside your owner's book. You should not be obliged pay for work linked to lemon law complaints. It's also necessary to advise the original producer of a complaint right away. If you suspect that your motor vehicle has a condition what can't be fixed, check into 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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