| 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 essence, the Lemon Laws state that if you buy (and in some states, lease) a new or pre-owned vehicle or other vehicle covered by a manufacturer's warranty that is extremely unreliable, and the manufacturer just can't repair it despite recurring attempts (inside a defined time limit that varies from state to state), or if the vehicle is out of service for a set time (often 30 days) due to its problems, you are entitled to a broad number of costs, including:
1. Monetary damage settlements
2. A return of the original price
3. A brand new vehicle
Furthermore, just about all the Lemon Laws (as well as the Federal Warranty Law) feature a fee changing element that says that if you win your suit, the manufacturer or car dealership which sold you your lemon is obligated to repay you for court expenses.
Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the verbiage of each state's statute are different, the typical state Lemon Law statute affords assistance for buyers with a unsound car covered by a warranty if:
1. The dealership or manufacturer can't reliably fix a particular defect in the product after a fair number of repair attempts (ordinarily at least 3);
2. The motor vehicle can't be driven for at least 30 days due to problems in the car; or
3. The dealership or manufacturer cannot fix a problem that is a dangerous safety hazard.
More often than not, a bad automobile is a automobile with a problem or trouble that substantially degrades its function, marketability, or safety to the consumer and does not maintain the standard of the warranty. Frequently, the time period during which the Lemon Laws apply are rather short; the troubles and consequential repair attempts (or out-of-service period) typically must take place during the first 2-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Also, almost all states have notice and trigger prerequisites, such as expecting the consumer to give registered mail notice to the original producer of the shortcomings and giving the car dealership a chance to correct the car. Additionally, several states expect that Lemon Law suits be solved through an arbitration system.
Generally, state Lemon Law regulation codes also apply to leased vehicles and used vehicles bought whilst under the makers basic warranty. A good number of state Lemon Laws also are applicable to vehicles other than passenger vehicles. based on the buyer's home state, or the state where the consumer bought the motor vehicle, Lemon Laws may be applicable to:
-RV's
-Motorcycles
-Boats
-Other consumer goods (like electronics)
There are a number of powerful solutions possible under the Lemon Laws. American Statesently, if the original producer cannot fix the car, the consumer may either call for the original producer to replace the car, or insist the original producer to take the car and return the price paid together with incidental damages, such as all invoices, towing fees, repair charges, alternative travel costs and other damages incurred by the consumer as a consequence of the problems in the car. Another important solution possible under most Lemon Laws is litigation expenses. In many states, if you win in a Lemon Law suit, you will not have to pay any attorneys' fees-the car original equipment manufacturer that sold you your lemon is expected to pay all of your attorney's invoices.
The defendant automobile manufacturing business can use many defenses to a Lemon Law claim. The standard statute extends that the original producer is not guilty if it can prove that the shortcomings in dispute persisted due to misuse, carelessness, or the modification or alteration of a auto by anyone other than the original producer, its agent, or an authorized dealer. In other words, if the consumer dismantles his or her own motor vehicle, or the troubles were the fault of changing or changes performed by an unauthorized party, the original producer might not be guilty.
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 makers and vendors of consumer products to give consumers comprehensive data about warranty coverage. Additionally, it determines both the rights of public consumers and the obligations of warrantors under manufacturer warranties.
Although the Magnuson Moss Act doesn't require an vehicle original equipment manufacturer to provide customers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by permitting public consumers to recuperate legal charges and sensible laywers' expenses.
The Magnuson Moss Act is often effective in a lemon suit where, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For instance, contrary to the rather short time offered to consumers with virtually all Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired if the problems occurred during the warranty period. Furthermore, although a few Lemon Laws limit their coverage benefits to a very specific number of cars, the Magnuson Moss Act is relevant to just about all consumer goods. The Magnuson Moss Act might also be applicable if you purchased or leased a preowned car without a manufacturing business warranty, or if the car is covered by a third party service contract or other variety of extended warranty.
The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all states. It is the principal agent of law governing contracts dealing with the sale of products, including cars and other items. The UCC affords another legal course for customers with lemon troubles.
UCC code states that the purchaser of a product is entitled to return products that break in any respect to the agreement. In essence, if your brand new vehicle does not function as pledged by the original producer (your manufacturer warranty is part of your consumer agreement), you may have a claim referencing the UCC in addition to whatever additional claims you may have.
The time period for bringing back a automobile with the UCC is not unlimited. If you come across a flaw in your car inside a sensible inspection period, you may refuse the vehicle. Unfortunately, new automobiles are frequently mechanically complicated and you might not understand whether your item conforms to the consumer agreement until long after you acquire the item and troubles begin to come up. Essentially, if After this inspection time you don't reject the item, you will be said to have o.K.ed it and will have no claim through the UCC.
The duration of the review time period is not defined in the statute. Local courts decide how long the fair review period is based on the buyer's understanding and personal experience, the buyer's difficulty in noticing the gremlin, and the buyer's chance to come across the deficiency.
In spite of this limitation, the UCC says that in certain cases where a consumer is said to have accepted goods (i.e. the fair review time period has passed), a consumer may still repeal his acceptation of those product where the non-conformity largely degrades the economic value of the product to him. Those instances include cases in which it proves hard to notice the nonconformity or the consumer was promised that the non-conformity would be remedied. Put differently, the court will pardon the consumer from not having rejected the product where the consumer could not have fairly 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 taking it back to the dealer for repair under the warranty, the automobile lemon law can be your next refuge. The gremlin must be substantial in which it impedes your driving the product or your safety. A product stalling constantly is a substantial gremlin. This is exactly the type of defect that may hinder your driving and your safety. Under the vehicle lemon law you are not required to show why the car is stalling, you simply have to establish that it is stalling. Essentially you need to check over the lemon law in these 3 examples: the auto keeps breaking down inside the warranty time period, the auto is a safety risk, the dealer is not able to rebuild the auto when it is guaranteed.
If you have a vehicle which is a lemon you can directly write to the manufacturing business and ask for another equivalent vehicle. If this demand is not satisfactory to the manufacturing business, you may enter into an arbitration arrangement. A few makers incorporate their own arbitration process. Other makers have outside arbitration program such as 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 proposal, the purchaser can take the manufacturing business to court.
Virtually all laws state that the customer ought to be restored back to the financial position they were in before they purchased the motor vehicle, less the amount that the customer profited from by using the motor vehicle. To get the compensation amount many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned motor vehicles will qualify under normal lemon laws. For example, a pre-owned auto might fall under regular lemon laws if it is less than 1 year old and has got fewer than 12,000 miles on the odometer. States which do have a pre-owned auto lemon law may be extra cooperative with the age and amount of mileage. Still, the auto needs to be sold by a dealership that offers a written warranty. Personal sales aren't regulated, nor are vehicles sold under a stated purchase price. There could be additional restrictions to a used car lemon law such as the functions in which the motor vehicle is pre-owned or the categorization of motor vehicle. Classic automobiles, are normally excluded from pre-owned auto lemon laws. Used car lemon laws normally cover a much shorter time period than new car laws. They usually range from 30 to 90 days, based on your pre-owned automobile's mileage.
When choosing a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing system. Many lemon law attorneys demand a relatively minor retainer to manage a lemon law claim, and thenceforth, the lawyer's invoices are sent to the original equipment manufacturer. Thus, lemon law claims are commonly very low-cost to customers. The reimbursement of lawyer invoices differs from state to state. About one-half of the states let you to recoup your Attorney bills if you win. The lawyer's fee is based on actual time expended instead of being connected to any other percentage of the recovery. In many States, you will pay the manufacturer's lawyer's invoices if you lose.
Consumers should register their charges in writing and retain a copy. In any written correspondence, always describe how problematic it is to return the automobile to the dealership for corrections and that the reliableness that the buyer believed He was purchasing has been non-existent. Any written correspondence with a dealer or original equipment manufacturer needs to be sent using certified postal service. In most suits the makers claim that they have not had the requisite number of attempts to correct the problem. They bet on the fact that the buyer doesn't file repair orders for each instance they have driven the auto into the repair facility. They also bet on the fact that the repair orders have different things repaired each period showing that they have not fixed the same condition. Consumers ought to reply by demanding that sellers always grant them a warranty repair order. Consumers ought to also reason that these unwritten trips are efforts.
Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately read your owner's booklet and warranty references completely, and the information concerning lemon law rights that you ought to obtain when you acquire your vehicle. Don't depend on your car dealership to describe which problems are covered by warranty. If your car dealership states that a condition isn't covered and you believe that he is purposely misleading you, be polite but self-asserting. Don't be afraid to bring out the segment of the warranty that applies, or to call the original producer for verification applying the contact information included inside your owner's booklet. You should not be obligated pay for repairs associated to lemon law complaints. It's also necessary to give notice the original producer of a complaint as soon as possible. If you think that your automobile has a defect that can't be remedied, go over 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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