| 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.
Put simply, the Lemon Laws specify that if you acquire (and in several states, lease) a brand new or used vehicle or other car with a warranty that does not work consistently, and the original producer cannot fix it even with recurrent attempts (within a defined time limit that differs from state to state), or if the vehicle is out of service for a specified period (usually 30 days) due to its shortcomings, you are entitled to a broad range of maltreats, including:
1. Monetary damages
2. A refund of the original money paid
3. A brand new automobile
Furthermore, just about all of the Lemon Laws (as well as the Federal Warranty Law) feature a fee switching component which says that if you win your suit, the original producer or dealer that sold you your lemon is forced to pay your attorneys' bills.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the attributes of each state's statute are different, the conventional state Lemon Law statute provides help for consumers with a defective auto covered by a warranty if:
1. The car dealership or original producer just can't rightly fix a specific failing in the car after a sensible number of repair tries (usually at least 3);
2. The motor vehicle cannot be driven for at least 30 days due to shortcomings in the car; or
3. The car dealership or original producer just can't repair a deficiency that is a considerable safety risk.
Most of the time, a bad automobile is a automobile with a defect or condition that often impairs its drivability, economic value, or safety to the consumer and does not conform to the warranty. In most instances, the period during which the Lemon Laws apply are rather short; the troubles and resultant repair attempts (or out-of-service time) 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 periods. Moreover, many states have notice and activation requirements, such as wanting the consumer to send registered mail notice to the original equipment manufacturer of the troubles and giving the car dealership an opportunity to repair the vehicle. Additionally, many states necessitate that Lemon Law cases be settled through an arbitration system.
Generally, state Lemon Law ordinances also are applicable to leased vehicles and used vehicles bought whilst under the manufacturing business* written warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger cars. based on the consumer's state of residence, or the state in which the consumer bought the automobile, Lemon Laws may apply to:
-RV's
-Motorcycles
-Pleasure Craft
-Other consumer commodities (like televisions)
There are many effective resolutions possible under the Lemon Laws. U.S. Statesently, if the original equipment manufacturer can't fix the car, the consumer may either call for the original equipment manufacturer to replace the car, or force the original equipment manufacturer to take the car and return the original price paid together with incidental damages, including all bills, towing fees, repair costs, related travel charges and other costs incurred by the consumer as a result of the faults in the car. Another important remedy available under most Lemon Laws is attorneys' expenses. In virtually all states, if you prevail in a Lemon Law suit, you do not have to pay any legal expenses-the car maker that sold you your lemon is required to pay your laywers' fees.
The defendant motor vehicle manufacturer can utilize several defenses to a Lemon Law claim. The average statute affords that the maker is not guilty if it can show clearly that the problems in dispute were caused by harm, negligence, or the modification or tampering of a vehicle by a party other than the maker, an agent, or an authorized dealership. Put differently, if the consumer abuses his or her own car, or the shortcomings were a consequence of changing or adjustments executed by an unauthorized dealer, the maker may not be responsible.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer merchandise warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer products to provide consumers comprehensive data about warranty coverage benefits. Also, it sets both the rights of consumers and the obligations of warrantors under manufacturer warranties.
Although the Magnuson Moss Act doesn't call for an vehicle original maker to furnish buyers with a warranty, if a warranty is offered, the Magnuson Moss Act provides some protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing public consumers to recover legal charges and fair attorney's charges.
The Magnuson Moss Act is frequently useful in a lemon suit where, for some reason, a state Lemon Law claim is not applicable or otherwise unsuited. For instance, divaricate from the rather short time offered to public consumers inside most Lemon Laws, you could file a claim for breach of warranty after the warranty period has passed if the troubles occured during the warranty period. Moreover, although many Lemon Laws restrict their coverage to a small list of cars, the Magnuson Moss Act is relevant to virtually all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party contract or other variant of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the prime basis of law regulating warranties on consumer goods, including automobiles and other items. The UCC affords an alternative legal course for consumers with lemon problems.
UCC code says that the buyer of a good is entitled to return goods that do not perform in any way to the agreement. Fundamentally, if your brand new product doesn't function as bound by the original maker (your manufacturer warranty is part of your consumer agreement), you can have a claim citing the UCC in addition to whatever other claims you might have.
The time period for taking back a vehicle with the UCC is not unlimited. If you find a fault in your vehicle within a fair inspection period, you can reject the vehicle. Unfortunately, brand new vehicles are typically technically complicated and you may not recognize if your car conforms to the consumer agreement until long after you buy the car and problems begin to develop. Basically, if After this inspection time period you fail to return the car, you will be deemed to have approved of it and may have no claim through the UCC.
The length of the review period is not outlined in the statute. Local courts determine how long the sensible review period is based on the purchaser's proficiency and personal experience, the purchaser's difficulty in exposing the problem, and the purchaser's opportunity to observe the deficiency.
In spite of this restriction, the UCC provides that in certain examples where a consumer is pronounced to have approved of products (i.e. the sensible review time has passed), a consumer may still renounce his approval of those product where the non-conformity largely cripples the economic value of the product to him. Those cases include situations in which it proves hard to identify the nonconformity or the consumer was promised that the non-conformity would be remedied. Put differently, the local court will relieve the consumer from not rejecting the product where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively breaks down and you have to keep bringing it back to the dealer for repair under the warranty, the automobile lemon law may be your next course. The problem must be significant where it hinders your driving the car or your safety. A car stalling for no reason is a significant problem. This is exactly the type of condition that may diminiah your driving and your safety. Under the car lemon law you are not obliged to demonstrate why the car is stalling, you merely have to prove that it is stalling. Basically you need to check out the lemon law in these 3 examples: the car keeps breaking down inside the warranty time period, the car is a safety risk, the car dealership is unable to rebuild the car when it is warranted.
If you have a motor vehicle which is a lemon you can directly write to the original maker and ask for another equivalent motor vehicle. If this request is not acceptable to the original maker, you may move into an arbitration program. A few manufacturing business* have their own arbitration process. Other manufacturing business* use outside arbitration program including Autoline by the BBB. The recommendation of the arbitrators is binding on the original maker but not on the buyer. If unsatisfied with the opinion, the buyer can take the original maker to court.
Virtually all regulations stipulate that the buyer needs to be restored back to the financial position they were in prior to purchasing the vehicle, less the sum that the buyer profited from by using the vehicle. To get the repayment amount a number of components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned cars may qualify under normal lemon laws. For example, a pre-owned car 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 which do have a pre-owned car lemon law may be more accommodative with the age and measure of mileage. Still, the car has to be sold by a car dealership that provides a written warranty. Individual sales aren't regulated, neither are motor vehicles sold under a declared original cost. There may be other restrictions to a used car lemon law such as the functions in which the vehicle is utilized or the categorisation of vehicle. Classic vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than brand new car regulations. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee program. Many lemon law lawyers take a rather minor retainer to cover a lemon law claim, and thenceforth, the lawyer's bills are charged to the original maker. Basically, lemon law claims are commonly very inexpensive to public consumers. The reimbursement of lawyer expenses varies from state to state. About half of the states allow for you to recover your Lawyer bills if you win. The lawyer's fee is based on actual time spent instead of being connected to any other percent of the recuperation. In a few States, you must pay the manufacturer's attorney's fees if you lose.
Consumers ought to record their complaints in writing and retain a copy. In all written correspondence, always make clear how difficult it is to return the auto to the dealership for repairs and that the reliability that the purchaser believed She was acquiring has been non-existent. Any written correspondence with a car dealership or original maker ought to be sent using certified mail. In almost all situations the manufacturing business* claim that they haven't had the requisite number of attempts to correct the problem. They rely on the fact that the purchaser does not file repair tickets for each occurance they have driven the auto into the authorized repair facility. They also bet on the fact that the repair tickets have different parts fixed every period demonstrating that they have not fixed the same condition. Consumers ought to reply by expecting that dealers always present them a warranty repair ticket. Consumers must also argue that these undocumented visits are efforts.
Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's book and warranty principles thoroughly, as well as the information with respect to lemon law rights that you ought to receive when you choose your car. Don't count on your dealer to describe what defects are covered by warranty. If your dealer states that a condition is not covered and you believe that he is purposely deceiving you, be polite but assertive. Don't be afraid to produce the part of the warranty that applies, or to call the original equipment manufacturer for verification utilizing the contact references included inside your owner's book. You should not be obligated pay for repairs connected to lemon law complaints. It's also crucial to notify the original equipment manufacturer of a complaint as soon as possible. If you believe that your automobile has a condition what just can not be fixed, check 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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