| 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 purchase (and in some states, lease) a new or used car or other vehicle covered by a manufacturer's warranty that does not work as intended, and the original maker just can not recondition it despite persistent efforts (within a fixed time limit that differs from state to state), or if the item is in the shop for a stipulated period of time (usually 30 days) because of its flaws, you are qualified to a wide number of damages, inclusive of:
1. Money damage settlements
2. A return of the original money paid
3. A new car
Additionally, almost all the Lemon Laws (and the Federal Warranty Law) have a fee shifting component that provides that if you win your case, the original maker or car dealership which sold you your lemon is obligated to repay you for court invoices.
Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Even though the attributes of each state's statute vary, the standard state Lemon Law statute affords relief to a consumer with a broken-down motor vehicle sold with a warranty if:
1. The dealer or original maker cannot completely repair a particular flaw in the vehicle after a reasonable number of repair efforts (ordinarily at least three);
2. The motor vehicle can't be driven for at least 30 days due to flaws in the automobile; or
3. The dealership or original maker can't repair a failing that is a critical safety hazard.
In general, a faulty vehicle is a vehicle with a condition or affliction that largely degrades its function, marketability, or safety to the consumer and doesn't maintain the standard of the warranty. Often times, the period of time in which the Lemon Laws are applicable are relatively short; the problems and subsequent repair efforts (or out-of-service period) often must take place during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter time periods. In addition, almost all states have notice and initiation requirements, such as asking the consumer to send out registered post notice to the original maker of the shortcomings and affording the dealership a chance to remedy the car. Moreover, most states expect that Lemon Law lawsuits be resolved through an arbitration system.
Generally, state Lemon Law regulation codes also apply to leased cars and used cars purchased whilst under the makers factory warranty. A number of state Lemon Laws also apply to cars other than passenger vehicles. depending upon the buyer's home residence, or the state where the consumer bought the vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer goods (such as electronics)
There are a number of significant remedies possible under the Lemon Laws. Statesally, if the original maker cannot repair the motor vehicle, the consumer may either demand the original maker to replace the motor vehicle, or obligate the manufacturer to reposess the motor vehicle and payback the original cost including accompanying costs, like all expenses, towing costs, repair costs, alternative transportation charges and other damages incurred by the consumer as a consequence of the troubles in the motor vehicle. Another important solution available under most Lemon Laws is attorneys' fees. In almost all states, if you win in a Lemon Law lawsuit, you will not have to pay any attorneys' fees-the motor vehicle manufacturer that sold you your lemon is forced to pay for your attorney's invoices.
The defendant car manufacturing business can utilize assorted defenses to a Lemon Law claim. The conventional regulation extends that the manufacturer is not liable if it can establish that the defects at issue persisted due to misuse, forget about, or the alteration or modification of a car by anyone other than the original equipment manufacturer, its agent, or its authorized dealer. In other words, if the consumer dismantles his or her own vehicle, or the faults were the fault of modifications or changes carried out by a third party, the original equipment manufacturer might not be liable.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer items to provide customers detailed data about warranty coverage. In addition, it determines both the rights of consumers and the responsibilities of warrantors under original warranties.
Although the Magnuson Moss Act doesn't require an motor vehicle maker to provide consumers with a warranty, if a warranty is provided, the Magnuson Moss Act offers various protections for the consumer. The Magnuson Moss Act makes it easier for purchasers to sue for violating the warranty by making breach of warranty noncompliance of federal law, and by allowing consumers to recuperate litigation costs and sensible attorneys' fees.
The Magnuson Moss Act is often effective in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfit. For instance, contrary to the rather short period of time provided to customers with most Lemon Laws, you can bring a claim for breach of warranty after the warranty period has passed as long as the defects happened during the warranty time period. Additionally, although a few Lemon Laws limit their coverage benefits to a small list of motor vehicles, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act could also apply if you bought or leased a expended automobile without a manufacturer's warranty, or if the automobile 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 enacted in all states. It is the primary foundation of law governing product contracts, including motor vehicles and other items. The UCC provides a legal channel for public consumers with lemon troubles.
UCC code provides that the buyer of a product is entitled to return products which fail in any sense to the warranty. Basically, if your recently purchased motor vehicle doesn't operate as established by the manufacturing business (your written warranty is a portion of your agreement), you may file a claim referencing the UCC in addition to whatever additional claims you might have.
The period for returning a automobile with the UCC is not limitless. If you detect a defect in your car inside a sensible inspection time period, you may take back the car. Unfortunately, new vehicles can be oftentimes mechanically enigmatic and you may not understand whether your item conforms to the consumer warranty till long after you acquire the item and defects start to arise. Essentially, if Long after this inspection period you do not refuse the item, you will be alleged to have approved of it and will have no claim through the UCC.
The length of the inspection time period is not specified in the regulation. State courts determine how long the reasonable inspection period is based on the consumer's familiarity and experience, the consumer's difficulty in identifying the fault, and the consumer's chance to come upon the gremlin.
In spite of this limit, the UCC stipulates that in certain cases where a purchaser is stated to have accepted goods (i.e. the reasonable inspection time period has elapsed), a purchaser can still negate his favorable reception of those products where the non-conformity considerably impairs the marketability of the products to him. Those examples include lawsuits where it is burdensome to come upon the nonconformity or the purchaser was guaranteed that the non-conformity would be fixed. Re-stated, the court will pardon the purchaser from not having rejected the products where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively fails and you have to keep taking it back to the car dealership for repair under the warranty, the auto lemon law can be your next recourse. The failing ought to be substantial in which it impedes your driving the automobile or your safety. A automobile stalling constantly would be a substantial failing. This is precisely the type of defect that could impair your driving and your safety. Under the vehicle lemon law you are not required to establish why the motor vehicle is stalling, you simply have to show that it is stalling. Put simply you need to look into the lemon law in these 3 cases: the motor vehicle keeps dying inside the warranty period, the motor vehicle is a safety hazard, the dealer is incapable to restore the motor vehicle when it is guaranteed.
If you own a motor vehicle which is a lemon you can immediately write to the manufacturing business and ask for a replacement motor vehicle. If this demand is not satisfactory to the manufacturing business, you can start into an arbitration process. A few makers use their own arbitration program. Other makers utilize third party arbitration program like Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the manufacturing business but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the manufacturing business to court.
Virtually all ordinances state that the consumer must be restored back to the fiscal status they were in before they purchased the vehicle, less the amount that the consumer benefited from by using the vehicle. To get the compensation sum numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used automobiles will qualify under basic lemon laws. For example, a pre-owned motor vehicle 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 that do have a pre-owned car lemon law will be extra generous with the age and amount of mileage. Still, the car must be sold by a dealership that extends a warranty. Private party sales are not governed, nor are automobiles sold under a certain purchase price. There might be other restrictions to a used car lemon law such as the proposes for which the vehicle is pre-owned or the classification of vehicle. Older automobiles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than new car ordinances. They usually range from 30 to 90 days, based on your used vehicle's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the regulations that are applicable to your state. Also enquire about the pricing system. Many lemon law attorneys demand a generally modest retainer to address a lemon law claim, and thereafter, the attorney's invoices are sent to the original equipment manufacturer. Thus, lemon law claims are typically very affordable to purchasers. The reimbursement of attorney fees differs from state to state. About one-half of the states permit you to recuperate your Lawyer charges if you win. The attorney's fee is based on actual time expended instead of being tied to any percentage of the recuperation. In a select few States, you will pay the manufacturing business* lawyer's bills if you lose.
Consumers should record their charges in writing and save a copy. In any written communication, always outline how taxing it is to bring the automobile to the dealer for work and that the reliableness that the consumer thought He or she was getting has been non-existent. Any written communication with a dealer or original equipment manufacturer needs to be sent using certified postal service. In most instances the makers claim that they have not had the necessary number of endeavors to fix the defect. They bet on the reality that the consumer doesn't keep repair receipts for each instance they have brought the vehicle into the authorized dealership. They also count on the possibility that the repair receipts have seperate things repaired each period showing that they haven't repaired the same defect. Consumers should respond by expecting that dealerships always send them a warranty repair sheet. Consumers ought to also reason that these unrecorded trips are attempts.
Make sure to be mindful of your rights under the lemon laws. Upon purchase, immediately page through your owner's booklet and warranty references entirely, along with the info pertaining lemon law rights which you should obtain when you choose your motor vehicle. Don't rely on your dealership to explain what troubles are covered by warranty. If your dealership states that a defect isn't covered and you think that she is misleading you, be calm but self-asserting. Don't be frighted to point out the section of the warranty that is relevant, or to call the original maker for substantiation applying the contact information included with your owner's booklet. You should not be obliged pay for corrections associated to lemon law complaints. It's also essential to give notice the original maker of a complaint promptly. If you suspect that your automobile has a problem which can't be remedied, look into your lemon law rights to see when you are able to submit 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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