Connecticut Lemon Law Firms:
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Connecticut General Statutes Annotated § 42-179 to 180

42-179 New motor vehicle warranties.

Leased vehicles. Resales. Transfers. Manufacturer buybacks.

(a) As used in this chapter:

(1) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to such motor vehicle, and any person entitled by the terms of such warranty to enforce the obligations of the warranty; and

(2) "motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle, as defined in section 14-1, which is sold or leased in this state.

(b) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first eighteen thousand miles of operation, whichever period ends first, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of the applicable period.

(c) No consumer shall be required to notify the manufacturer of a claim under this section and sections 42-181 to 42-184, inclusive, unless the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner's manual, that written notification of the nonconformity is required before the consumer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.

(d) If the manufacturer, or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, safety or value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle acceptable to the consumer, or accept return of the vehicle from the consumer and refund to the consumer, lessor and lien holder, if any, as their interests may appear, the following:

(1) The full contract price, including but not limited to, charges for undercoating, dealer preparation and transportation and installed options,

(2) all collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges,

(3) all finance charges incurred by the consumer after he first reports the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is out of service by reason of repair, and

(4) all incidental damages as defined in section 42a-2-715, less a reasonable allowance for the consumer's use of the vehicle. No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturers' instructions. Refunds or replacements shall be made to the consumer, lessor and lien holder if any, as their interests may appear. A reasonable allowance for use shall be that amount obtained by multiplying the total contract price of the vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return. It shall be an affirmative defense to any claim under this section

(1) that an alleged nonconformity does not substantially impair such use, safety or value or

(2) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.

(e) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if

(1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first eighteen thousand miles of operation, whichever period ends first, but such nonconformity continues to exist or

(2) the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the applicable period, determined pursuant to subdivision (1) of this subsection. Such two-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster. No claim shall be made under this section unless at least one attempt to repair a nonconformity has been made by the manufacturer or its agent or an authorized dealer or unless such manufacturer, its agent or an authorized dealer has refused to attempt to repair such nonconformity.

(f) If a motor vehicle has a nonconformity which results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, it shall be presumed that a reasonable number of attempts have been undertaken to conform such vehicle to the applicable express warranties if the nonconformity has been subject to repair at least twice by the manufacturer or its agents or authorized dealers within the express warranty term or during the period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever period ends first, but such nonconformity continues to exist. The term of an express warranty and such one-year period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike or fire, flood or other natural disaster.

(g)

(1) No motor vehicle which is returned to any person pursuant to any provision of this chapter or in settlement of any dispute related to any complaint made under the provisions of this chapter and which requires replacement or refund shall be resold, transferred or leased in the state without clear and conspicuous written disclosure of the fact that such motor vehicle was so returned prior to resale or lease. Such disclosure shall be affixed to the motor vehicle and shall be included in any contract for sale or lease. The Commissioner of Motor Vehicles shall, by regulations adopted in accordance with the provisions of chapter 54, prescribe the form and content of any such disclosure statement and establish provisions by which the commissioner may remove such written disclosure after such time as the commissioner may determine that such motor vehicle is no longer defective.

(2) If a manufacturer accepts the return of a motor vehicle or compensates any person who accepts the return of a motor vehicle pursuant to subdivision (1) of this subsection such manufacturer shall stamp the words "MANUFACTURER BUYBACK" clearly and conspicuously on the face of the original title in letters at least one-quarter inch high and, within ten days of receipt of the title, shall submit a copy of the stamped title to the Department of Motor Vehicles. The Department of Motor Vehicles shall maintain a listing of such buyback vehicles and in the case of any request for a title for a buyback vehicle, shall cause the words "MANUFACTURER BUYBACK" to appear clearly and conspicuously on the face of the new title in letters which are at least one-quarter inch high. Any person who applies for a title shall disclose to the department the fact that such vehicle was returned as set forth in this subsection.

(3) If a manufacturer accepts the return of a motor vehicle from a consumer due to a nonconformity or defect, in exchange for a refund or a replacement vehicle, whether as a result of an administrative or judicial determination, an arbitration proceeding or a voluntary settlement, the manufacturer shall notify the Department of Motor Vehicles and shall provide the department with all relevant information, including the year, make, model, vehicle identification number and prior title number of the vehicle. The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 specifying the format and time period in which such information shall be provided and the nature of any additional information which the commissioner may require.

(4) The provisions of this subsection shall apply to motor vehicles originally returned in another state from a consumer due to a nonconformity or defect in exchange for a refund or replacement vehicle and which a lessor or transferor with actual knowledge subsequently sells, transfers or leases in this state.

(h) All express and implied warranties arising from the sale of a new motor vehicle shall be subject to the provisions of part 3 of article 2 of title 42a.

(i) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(j) If a manufacturer has established an informal dispute settlement procedure which is certified by the Attorney General as complying in all respects with the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, and with the provisions of subsection (b) of section 42-182, the provisions of subsection (d) of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

42-179a Copies of paperwork or invoices.

A dealer or authorized agent of a manufacturer shall, upon the request of a consumer, provide such consumer with copies of any paperwork or invoices related to repair work performed on such consumer's automobile in accordance with the provisions of subsection (b) of section 42-179. Any person who violates the provisions of this section shall be guilty of an infraction.

42-179b Dealers and lessors to deliver information.

Each motor vehicle dealer, as defined in subsection (11) of section 14-1, and each person engaged in the business of leasing new motor vehicles shall, at the time of sale or execution of the lease of any new motor vehicle, deliver to the consumer, as defined in subdivision (1) of subsection (a) of section 42-179, of such vehicle written information, in a form approved by the Commissioner of Consumer Protection, which explains the new automobile warranty and dispute settlement program established pursuant to this chapter.

42-180 Costs and attorney's fees in breach of warranty actions.

In any action by a consumer against the manufacturer of a motor vehicle, or the manufacturer's agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff his costs and reasonable attorney's fees or, if the court determines that the action was brought without any substantial justification, may award costs and reasonable attorney's fees to the defendant.

Essentially, the Lemon Laws provide that if you acquire (and in most states, lease) a brand new or used vehicle or other vehicle covered by a manufacturer's warranty that proves to be defective, and the manufacturer cannot fix it in spite of persistent tries (in a defined time limit that varies from state to state), or if the automobile is in the shop for a limited time (generally 30 days) due to its problems, you are entitled to a wide range of maltreats, inclusive of:

1. Money damages
2. A restitution of the cost
3. A new vehicle
Furthermore, virtually all the Lemon Laws (and the Federal Warranty Law) feature a fee transferring component that states that if you win your suit, the original equipment manufacturer or car dealership that sold you your lemon is forced to pay your attorneys' expenses.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute differ, the conventional state Lemon Law statute extends help for consumers with a unsound automobile purchased with a warranty if:

1. The dealer or original equipment manufacturer can't genuinely correct a particular problem in the vehicle after a sensible number of repair attempts (typically at least three);
2. The vehicle cannot be driven for at least 30 days due to faults in the car; or
3. The dealer or original equipment manufacturer cannot correct a flaw that is a good safety risk.

More often than not, a defective car is a car with a condition or trouble that often degrades its use, marketability, or safety to the consumer and doesn't maintain the standard of the written warranty. Typically, the period in which the Lemon Laws are applicable are relatively short; the faults and resultant repair efforts (or out-of-service period) typically will occur during the first two-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter periods. Moreover, most states have notice and trigger requirements, such as wanting the consumer to send registered mail notice to the manufacturing business of the flaws and affording the dealer an option to correct the car. Also, numerous states require that Lemon Law suits be adjudicated through an arbitration process.

Generally, state Lemon Law ordinances also are applicable to leased vehicles and used automobiles bought while under the makers basic warranty. A good number of state Lemon Laws also are applicable to cars other than passenger vehicles. based upon the buyer's home residence, or the state where the consumer purchased the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (like televisions)
There are a number of powerful resolutions available under the Lemon Laws. In most instances, if the manufacturing business just can't fix the car, the consumer can either expect the manufacturing business to replace the automobile, or force the 'last to reposess the automobile and payback the price paid together with incidental costs, like all expenses, towing charges, repair charges, related transportation costs and other charges incurred by the consumer as a consequence of the faults in the automobile. Another important solution possible 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 laywers' bills-the automobile original equipment manufacturer that sold you your lemon is obligated to pay your attorney's fees.

The defendant motor vehicle manufacturer can employ many defenses to a Lemon Law claim. The conventional regulation provides that the manufacturing business is not guilty if it can establish that the flaws in question came about because of malevolence, disregard, or the tampering or alteration of a vehicle by a party other than the manufacturer, an agent, or an authorized dealership. In different words, if the consumer dismantles his or her own car, or the shortcomings were a consequence of tampering or changes executed by an unauthorized person, the manufacturer may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer items to provide consumers with explanatory facts about warranty coverage benefits. Also, it infects both the rights of consumers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't call for an automobile original producer to furnish buyers with a warranty, if a warranty is offered, the Magnuson Moss Act extends a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing for purchasers to recuperate litigation costs and reasonable attorney's charges.

The Magnuson Moss Act is typically valuable in a lemon situation in which, for some reason, a state Lemon Law claim is not available or otherwise unfit. For example, contrary to the relatively short period of time offered to public consumers inside many Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired if the troubles occurred during the warranty period. Moreover, although a few Lemon Laws restrict their coverage to a narrow list of cars, the Magnuson Moss Act applies to virtually all consumer goods. The Magnuson Moss Act could also be applicable if you purchased or leased a used car without a manufacturer's warranty, or if the car is covered by a service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 U.S. states. It is the primary source of law governing consumer warranties, including cars and other items. The UCC offers another legal course for public consumers with lemon troubles.

UCC code says that the consumer of a product is entitled to return goods that fail in any respect to the warranty. In essence, if your brand new motor vehicle does not work as pledged by the original maker (your manufacturer warranty is a portion of your agreement), you can have a claim referencing the UCC in addition to any other claims you may have.

The period for returning a motor vehicle with the UCC is not limitless. If you find a failing in your car inside a reasonable ownership period, you may take back the automobile. Unfortunately, new vehicles are frequently mechanically enigmatic and you might not recognize if your motor vehicle conforms to the agreement until long after you acquire the motor vehicle and defects begin to come up. Fundamentally, if After this ownership time period you do not return 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 specified in the statute. Courts decide how long the fair inspection period is based on the consumer's understanding and experience, the consumer's difficulty in exposing the gremlin, and the consumer's chance to expose the problem.

In spite of this restriction, the UCC provides that in certain cases where a purchaser is pronounced to have accepted products (i.e. the fair inspection period has elapsed), a purchaser can still take back his favorable reception of those goods where the non-conformity substantially degrades the marketability of the goods to him. Those instances include instances where it was difficult to identify the nonconformity or the purchaser was assured that the non-conformity would be fixed. In different words, the local court will excuse the purchaser from not having rejected the goods where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively gives out and you have to keep taking it back to the dealership for repair under the warranty, the automobile lemon law might be your next course. The gremlin should be substantial where it prohibits your driving the vehicle or your safety. A vehicle stalling often would be a substantial gremlin. This is precisely the type of problem that could stymie your driving and your safety. Under the motor vehicle lemon law you are not obligated to prove why the vehicle is stalling, you simply have to prove that it is stalling. In essence you need to check into the lemon law in these 3 situations: the vehicle keeps dying within the warranty period, the vehicle is a safety risk, the car dealership is unable to repair the vehicle when it is warranted.

If you own a vehicle which is a lemon you can immediately write to the original producer and ask for a replacement vehicle. If this request is not satisfactory to the original producer, you may enter into an arbitration arrangement. A few manufacturers incorporate their own arbitration program. Other manufacturers utilize external arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the original producer but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original producer to court.

Virtually all regulations state that the customer must be returned back to the financial status they were in prior to purchasing the motor vehicle, less the amount of money that the customer profited from by using the motor vehicle. To get the payback total 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 automobiles will qualify under basic lemon laws. For example, a pre-owned vehicle may fall under regular lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States that do have a pre-owned vehicle lemon law will be additionally cooperative with the age and amount of mileage. Still, the vehicle needs to be sold by a dealer that provides a written warranty. Private party sales aren't involved, neither are cars sold under a specific purchase price. There might be other restrictions to a used car lemon law such as the purposes for which the motor vehicle is pre-owned or the categorization of motor vehicle. Vintage vehicles, are commonly excluded from used vehicle lemon laws. Used vehicle lemon laws ordinarily cover a much shorter time period than brand new vehicle regulations. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that cover to your state. Also enquire about the fee structure. Many lemon law attorneys take a relatively minor retainer to handle a lemon law claim, and thereafter, the lawyer's fees are charged to the original producer. Basically, lemon law claims are oftentimes very low-cost to customers. 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 upon actual time spent instead of being connected to any other percent of the recuperation. In a few States, you will pay the manufacturer's attorney's fees if you lose.

Consumers ought to record their charges in writing and keep a copy. In any written communication, always explain how burdensome it is to return the automobile to the car dealership for corrections and that the reliability that the purchaser thought He was buying has been non-existent. Any written communication with a car dealership or original producer must be sent using certified mail service. In many instances the manufacturers claim that they haven't had the required number of efforts to remedy the problem. They count on the fact that the purchaser does not keep repair receipts for each time they have taken the car into the shop. They also assume on the possibility that the repair receipts have different parts repaired every time evidencing that they haven't fixed the same defect. Consumers should reply by requiring that dealers always send them a warranty repair order. Consumers must also reason that these unwritten visits are attempts.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately page through your owner's book and warranty principles thoroughly, as well as the data with respect to lemon law rights which you should receive when you buy your automobile. Don't depend on your dealer to show you what defects are covered by warranty. If your dealer states that a defect isn't covered and you believe that he is being deceptive, be polite but self-assertive. Don't be scared to point out the segment of the warranty that is relevant, or to call the original equipment manufacturer for substantiation applying the contact references included within your owner's book. You should not be obliged pay for repairs connected to lemon law complaints. It's also important to advise the original equipment manufacturer of a complaint as soon as possible. If you are suspicious that your car has a condition what just can not be remedied, check out 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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