| 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.
Fundamentally, the Lemon Laws state that if you acquire (and in various states, lease) a new or pre-owned vehicle or other car covered by a manufacturer's warranty that does not work as intended, and the manufacturing business just can not correct it even with persistent efforts (inside a fixed time that fluctuates from state to state), or if the automobile is in the shop for a limited time (often 30 days) due to its flaws, you are eligible to a wide range of damage settlements, inclusive of:
1. Money restitution
2. A restitution of your purchase price
3. A new car
Moreover, virtually all the Lemon Laws (and the Federal Warranty Law) contain a fee shifting element that provides that if you win your suit, the manufacturer or dealer that sold you your lemon is required to repay you for legal expenses.
Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute differ, the standard state Lemon Law statute extends remedy for owners with a dilapidated car purchased with a warranty if:
1. The car dealership or manufacturer just can't completely repair a specific deficiency in the car after a reasonable number of repair attempts (ordinarily at least three);
2. The vehicle can't be used for at least 30 days due to flaws in the vehicle; or
3. The car dealership or manufacturer cannot repair a flaw that is a significant safety risk.
Generally, a faulty automobile is a automobile with a problem or trouble that frequently impairs its drivability, value, or safety to the consumer and doesn't conform to the warranty. In most instances, the period of time in which the Lemon Laws apply are rather short; the troubles and resultant repair efforts (or out-of-service time period) occasionally will happen during the first 2-years or 24,000 miles that you own the motor vehicle. However, a number of states have even shorter time periods. Furthermore, most states have notice and initiation requirements, such as wanting the consumer to send out registered mail notice to the maker of the faults and presenting the dealer an opportunity to remedy the motor vehicle. Additionally, numbers of states demand that Lemon Law lawsuits be solved through an arbitration proceeding.
Generally, state Lemon Law regulations also are applicable to leased vehicles and preowned cars purchased while under the manufacturing business* basic warranty. A lot of state Lemon Laws also apply to cars other than passenger vehicles. based upon the buyer's home residence, or the state in which the consumer bought the motor vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as computers)
There are a number of powerful remedies available under the Lemon Laws. US Statesten times, if the maker just can not correct the car, the consumer can either require the maker to replace the car, or demand the original producer to take the vehicle and payback the price paid including incidental damages, such as all fees, towing charges, repair costs, associated travel charges and other costs incurred by the consumer as a result of the defects in the vehicle. Another important remedy available under most Lemon Laws is laywers' expenses. In most states, if you prevail in a Lemon Law case, you won't have to pay any attorneys' bills-the car manufacturing business that sold you your lemon is forced to pay court bills.
The defendant automobile manufacturer can employ various defenses to a Lemon Law claim. The common statute affords that the original maker is not liable if it can affirm that the shortcomings in dispute were caused by abuse, carelessness, or the alteration or modification of a motor vehicle by anybody other than the maker, its agent, or an authorized dealership. Put differently, if the consumer breaks his or her own vehicle, or the problems were a consequence of modifications or changes performed by an unauthorized party, the maker may not be guilty.
Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturers and dealers of consumer commodities to give consumers explanatory data about warranty coverage. Additionally, it regulates both the rights of customers and the obligations of warrantors under original warranties.
Even though the Magnuson Moss Act does not demand an automobile original equipment manufacturer to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides various protections for the consumer. The Magnuson Moss Act makes it more easy for buyers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing public consumers to recover legal costs and reasonable laywers' charges.
The Magnuson Moss Act is often helpful in a lemon case where, for some reason, a state Lemon Law claim is unavailable or otherwise unsuited. For example, unlike the generally short time provided to consumers inside almost all Lemon Laws, you can register a claim for breach of warranty after the warranty period has expired if the troubles came about during the warranty period. Additionally, although a few Lemon Laws limit their coverage to a narrow number of automobiles, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act might also be applicable if you purchased or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a service agreement or other variant of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the primary source of law regulating product warranties, including motor vehicles and other items. The UCC offers another legal route for public consumers with lemon troubles.
UCC code says that the buyer of a good is entitled to return products which break in any sense to the agreement. Essentially, if your brand new product doesn't operate as pledged by the original maker (your written warranty is part of your agreement), you can file a claim referencing the UCC in addition to whatever additional claims you might have.
The time period for rejecting a automobile with the UCC is not limitless. If you find a problem in your automobile inside a sensible posession period, you may return the vehicle. Unfortunately, brand new vehicles can be often mechanically enigmatic and you may not recognize if your motor vehicle conforms to the consumer warranty till after you purchase the motor vehicle and troubles begin to arise. Essentially, if Long after this posession time you fail to refuse the motor vehicle, you will be said to have o.K.ed it and may have no claim through the UCC.
The length of the inspection time period is not defined in the statute. The Courts determine how long the sensible inspection period is based on the consumer's understanding and past experience, the consumer's difficulty in coming upon the gremlin, and the consumer's chance to reveal the problem.
In spite of this restriction, the UCC says that in certain examples where a buyer is alleged to have accepted products (i.e. the sensible inspection period has expired), a buyer may still disclaim his approval of those products where the non-conformity often impares the economic value of the products to him. Those instances include situations where it was hard to discover the nonconformity or the buyer was promised that the non-conformity would be fixed. In other words, the local court will exempt the buyer from not rejecting the products where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively gives out and you have to keep taking it back to the dealer for repair under the written warranty, the vehicle lemon law might be your next course. The failing must be substantial in which it interferes with your driving the vehicle or your safety. A vehicle stalling frequently would be a substantial failing. This is precisely the type of defect that could hinder your driving and your safety. Under the vehicle lemon law you are not expected to indicate why the car is stalling, you simply have to prove that it is stalling. In essence you need to check out the lemon law in these three instances: the car keeps dying inside the warranty period, the car is a safety hazard, the dealership is unable to repair the car when it is warranted.
If you own a vehicle which is a lemon you can directly write to the manufacturing business and ask for a replacement vehicle. If this demand is not satisfactory to the manufacturing business, you may enter into an arbitration process. A few manufacturing business* have their own arbitration program. Other manufacturing business* utilize third party arbitration program including Autoline by the BBB. The judgment of the arbitrators is binding on the manufacturing business but not on the consumer. If unsatisfied with the assessment, the consumer can take the manufacturing business to court.
Virtually all ordinances provide that the owner must be restored back to the fiscal position they were in prior to purchasing the automobile, less the measure that the owner benefited from by using the automobile. To get the refund total many components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used vehicles will qualify under basic lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a used car lemon law might be extra cooperative with the age and amount of mileage. Still, the car has to be sold by a dealer that extends a warranty. Personal sales aren't involved, neither are vehicles sold under a certain original cost. There may be other restrictions to a used car lemon law such as the purposes for which the automobile is driven or the categorisation of automobile. Classic vehicles, are commonly excluded from used car lemon laws. Used car lemon laws ordinarily cover a much shorter period of time than brand new car laws. They usually range from 30 to 90 days, depending on your pre-owned car's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the fee program. Many lemon law attorneys need a relatively small retainer to handle a lemon law claim, and thenceforth, the lawyer's fees are sent to the original equipment manufacturer. Essentially, lemon law claims are normally very affordable to public consumers. The reimbursement of attorney invoices differs from state to state. About half of the states allow you to recoup your Lawyer fees if you win. The attorney's fee is based upon actual time used instead of being connected to any percentage of the recovery. In some States, you will pay the manufacturing business* attorney's bills if you lose.
Consumers ought to record their charges in writing and hold a copy. In all written communication, always explain how burdensome it is to return the auto to the dealer for repairs and that the reliability that the customer thought He or she was receiving has been non-existent. Any written communication with a dealer or original equipment manufacturer should be sent using certified post. In virtually all instances the manufacturing business* claim that they haven't had the necessary number of tries to correct the problem. They count on the reality that the customer does not file repair orders for each instance they have driven the auto into the authorized repair facility. They also bet on the possibility that the repair orders have seperate things repaired every instance showing that they have not fixed the same condition. Consumers should respond by requiring that dealerships always hand them a warranty repair sheet. Consumers should also debate that these undocumented trips are tries.
Make sure to be aware of your lemon law rights. Upon purchase, immediately scan your owner's booklet and warranty info thoroughly, as well as the data pertaining lemon law rights that you should get when you buy your vehicle. Don't bet on your dealer to explain what problems are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is decieving you, be calm but self-assertive. Don't be afraid to point out the section of the warranty that is relevant, or to call the original equipment manufacturer for confirmation using the contact info included in your owner's booklet. You should not be obliged pay for work associated to lemon law complaints. It's also necessary to notify the original equipment manufacturer of a complaint straightaway. If you believe that your car has a condition what just can not be repaired, 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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