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.

Primarily, the Lemon Laws stipulate that if you purchase (and in many states, lease) a brand new or used car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original equipment manufacturer cannot restore it in spite of duplicated efforts (in a stipulated time that fluctuates from state to state), or if the automobile is not drivable for a set time period (generally 30 days) because of its flaws, you are qualified to a wide range of dismantles, including:

1. Money damages
2. A compensation of the original price
3. A new car
In addition, virtually all the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee shifting component which states that if you win your lawsuit, the original equipment manufacturer or car dealership that sold you the lemon is required to pay for laywers' invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute are different, the common state Lemon Law statute provides relief to a consumer with a dilapidated automobile purchased with a warranty if:

1. The dealer or original equipment manufacturer just can't genuinely correct a specific problem in the item after a reasonable number of repair tries (usually at least three);
2. The vehicle can't be used for at least 30 days due to troubles in the vehicle; or
3. The dealer or original equipment manufacturer just can't remedy a gremlin that is a vital safety hazard.

By and large, a defective car is a car with a condition or affliction that frequently cripples its drivability, value, or safety to the consumer and doesn't conform to the written warranty. In most instances, the period in which the Lemon Laws apply are relatively short; the faults and resultant repair efforts (or out-of-service time period) generally will occur during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Additionally, many states have notification and initiation requirements, such as wanting the consumer to send out registered post notice to the original equipment manufacturer of the defects and affording the dealership a period to fix the motor vehicle. Moreover, numerous states require that Lemon Law claims be settled through an arbitration system.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned cars purchased while under the producers factory warranty. A lot of state Lemon Laws also are applicable to cars other than passenger vehicles. based upon the purchaser's home state, or the state where the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (such as computers)
There are many significant remedies available under the Lemon Laws. U.S. States most instances, if the original equipment manufacturer can't repair the vehicle, the consumer can either demand the original equipment manufacturer to replace the automobile, or demand the original equipment manufacturer to reposess the vehicle and refund the purchase price plus accompanying costs, like all bills, towing costs, repair costs, related transportation charges and other costs incurred by the consumer as a result of the flaws in the vehicle. Another important resolution available under most Lemon Laws is laywers' fees. In most states, if you win in a Lemon Law lawsuit, you do not have to pay any litigation bills-the motor vehicle maker that sold you your lemon is forced to pay court fees.

The defendant auto original producer can implement assorted defenses to a Lemon Law claim. The common regulation affords that the maker is not responsible if it can demonstrate that the troubles at issue came about because of misdeed, forget about, or the alteration or modification of a vehicle by persons other than the manufacturer, an agent, or an authorized dealership. Put differently, if the consumer breaks his or her own automobile, or the shortcomings were a consequence of tampering or alterations carried out by a third party, the manufacturer may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer goods to give customers detailed information about warranty coverage claims. Also, it regulates both the rights of consumers and the responsibilities of warrantors under written warranties.

Even though the Magnuson Moss Act does not demand an motor vehicle manufacturing business to supply buyers with a warranty, if a warranty is provided, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover litigation costs and fair attorneys' charges.

The Magnuson Moss Act is typically beneficial in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or furthermore disadvantageous. For example, unlike the relatively short period of time offered to public consumers inside most Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the troubles occured during the warranty time period. Additionally, although some Lemon Laws restrict their coverage to a narrow list of automobiles, the Magnuson Moss Act applies to nearly all consumer items. The Magnuson Moss Act could also apply if you bought or leased a expended motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every U.S. state. It is the primary authority of law regulating product contracts, including automobiles and other items. The UCC offers a legal avenue for public consumers with lemon troubles.

UCC code stipulates that the buyer of a good is entitled to return product that fail in any sense to the contract. Fundamentally, if your recently purchased car doesn't work as guaranteed by the maker (your original warranty is a portion of your contract), you can file a claim referencing the UCC in addition to any additional claims you might have.

The period for taking back a car with the UCC is not limitless. If you expose a deficiency in your automobile within a fair posession time period, you can return the automobile. Unfortunately, brand new vehicles can be often technically complex and you may not know if your motor vehicle conforms to the consumer warranty till after you purchase the motor vehicle and problems start to arise. Thus, if Long after this posession period you fail to return the motor vehicle, you will be pronounced to have accepted it and may have no claim through the UCC.

The length of the inspection period is not delineated in the statute. The Courts determine how long the sensible inspection period is based on the purchaser's familiarity and experience, the purchaser's trouble in exposing the flaw, and the purchaser's opportunity to identify the failing.

In spite of this restriction, the UCC states that in certain instances where a purchaser is stated to have approved of goods (i.e. the sensible inspection time has elapsed), a purchaser may still negate his acceptation of those goods where the non-conformity often degrades the marketability of the goods to him. Those examples include lawsuits where it was hard to find the nonconformity or the purchaser was ensured that the non-conformity would be fixed. In other words, the local court will exempt the purchaser from not rejecting the goods where the purchaser could not have reasonably 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 taking it back to the dealership for repair under the written warranty, the vehicle lemon law might be your next recourse. The flaw ought to be substantive where it interferes with your driving the car or your safety. A car stalling perpetually would be a substantive flaw. This is precisely the type of problem that could stymie your driving and your safety. Under the automobile lemon law you are not expected to indicate why the motor vehicle is stalling, you simply have to prove that it is stalling. In essence you need to go over the lemon law in these three cases: the motor vehicle keeps dying within the warranty period, the motor vehicle is a safety risk, the car dealership is unable to correct the motor vehicle when it is warranted.

If you have a motor vehicle which is a lemon you can immediately write to the original maker and ask for a replacement motor vehicle. If this request is not satisfactory to the original maker, you could move into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers utilise external arbitration program like Autoline by the BBB. The recommendation of the arbitrators is binding on the original maker but not on the consumer. If unsatisfied with the judgment, the consumer can take the original maker to court.

Virtually all regulations specify that the owner must be returned back to the fiscal status they were in prior to purchasing the car, less the amount of money that the owner benefited from by using the car. To get the payback sum various 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 vehicles may qualify under basic 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 fewer than 12,000 miles on the odometer. States that do have a used car lemon law might be more accommodative with the age and amount of mileage. Still, the car must be sold by a dealer that supplies a warranty. Private sales aren't involved, neither are cars sold under a stated price paid. There might be other restrictions to a used car lemon law such as the purposes in which the car is used or the classification of car. Vintage automobiles, are ordinarily excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than brand new car regulations. They oftentimes range from 30 to 90 days, depending 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 cover to your state. Also enquire about the pricing program. Many lemon law attorneys need a generally minor retainer to manage a lemon law claim, and subsequently, the lawyer's fees are charged to the original producer. Basically, lemon law claims are generally very affordable to customers. The reimbursement of lawyer expenses varies from state to state. About one-half of the states permit you to recover your Lawyer fees if you win. The lawyer's fee is based upon actual time used rather than being bound to any other percent of the recuperation. In some States, you must pay the manufacturing business* attorney's invoices if you lose.

Consumers ought to put their concerns in writing and retain a copy. In every written communication, always outline how problematic it is to take the auto to the dealer for repairs and that the reliability that the consumer thought She was getting has been non-existent. Any written communication with a car dealership or original producer ought to be sent using certified postal service. In many instances the manufacturers claim that they haven't had the required number of efforts to remedy the condition. They assume on the reality that the consumer does not keep repair sheets for each occurance they have brought the automobile into the dealership. They also count on the possibility that the repair sheets have seperate items repaired every time demonstrating that they haven't repaired the same problem. Consumers should respond by expecting that sellers always present them a warranty repair sheet. Consumers should also debate that these undocumented visits are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately page through your owner's folder and warranty references thoroughly, along with the reference concerning lemon law rights which you should receive when you choose your car. Don't rely on your dealer to tell you what defects are covered by warranty. If your dealer states that a problem is not covered and you think that she is misleading you, be civil but assertive. Don't be scared to point out the part of the warranty that is relevant, or to call the original equipment manufacturer for substantiation using the contact info included with your owner's folder. You shouldn't have to pay for corrections related to to lemon law complaints. It's also essential to notify the original equipment manufacturer of a complaint immediately. If you suspect that your vehicle has a condition what just can not be fixed, check your lemon law rights to see when you are able to file 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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