Connecticut Lemon Law Firms and the Connecticut lemon law code.

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.

Primarily, the Lemon Laws stipulate that if you acquire (and in many states, lease) a new or used vehicle or other car with a warranty that is faulty, and the manufacturing business can't repair it in spite of persistent tries (inside a specified time limit that differs from state to state), or if the car is out of service for a defined period of time (generally 30 days) because of its troubles, you are qualified to a broad range of breaks, inclusive of:

1. Money restitution
2. A restitution of the purchase cost
3. A brand new automobile
Additionally, nearly all the Lemon Laws (and the Federal Warranty Law) have a fee switching element that says that if you win your suit, the original producer or dealer which sold you the lemon is required to compensate you for laywers' bills.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute differ, the common state Lemon Law statute affords help to a consumer with a unsound auto covered by a warranty if:

1. The dealership or original producer cannot indisputably correct a particular fault in the motor vehicle after a fair number of repair attempts (typically at least three);
2. The motor vehicle can't be used for at least 30 days due to defects in the car; or
3. The car dealership or original producer cannot remedy a failing that is a major safety hazard.

By and large, a faulty car is a car with a condition or affliction that frequently degrades its use, value, or safety to the consumer and doesn't maintain the standard of the written warranty. Typically, the time period in which the Lemon Laws apply are rather short; the flaws and resultant repair attempts (or out-of-service time) typically must take place during the first 2-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Furthermore, most states have notice and initiation prerequisites, such as requiring the consumer to send out registered post notice to the original maker of the faults and affording the dealer a period to remedy the vehicle. Moreover, several states demand that Lemon Law suits be resolved through an arbitration procedure.

Generally, state Lemon Law regulations also apply to leased automobiles and preowned cars bought whilst under the producers factory warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. depending upon the consumer's state of residence, or the state in which the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like electronics)
There are a number of powerful remedies available under the Lemon Laws. U.S. States most instances, if the original producer just can't correct the car, the consumer may either expect the original producer to replace the car, or demand the original producer to reposess the car and payback the original cost together with accompanying costs, such as all charges, towing fees, repair costs, associated travel charges and other charges incurred by the consumer as a consequence of the shortcomings in the car. Another important relief possible under most Lemon Laws is attorneys' expenses. In virtually all states, if you prevail in a Lemon Law lawsuit, you do not have to pay any legal expenses-the motor vehicle original equipment manufacturer that sold you your lemon is expected to pay legal charges.

The defendant motor vehicle manufacturer can use various defenses to a Lemon Law claim. The conventional statute provides that the original equipment manufacturer is not guilty if it can verify that the faults in dispute came about because of abuse, neglect, or the modification or alteration of a auto by persons other than the manufacturer, its agent, or an authorized dealership. In different words, if the consumer maltreats his or her own car, or the faults were a consequence of modifications or alterations executed by an unauthorized dealer, the manufacturer might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer merchandise warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires manufacturing business and sellers of consumer items to provide consumers comprehensive facts about warranty coverage. In addition, it sets both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an auto original maker to supply purchasers 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 consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting customers to recoup litigation charges and reasonable attorney's charges.

The Magnuson Moss Act is often relevant in a lemon suit where, for some reason, a state Lemon Law claim is unavailable or moreover unfavorable. For instance, contrary to the rather short time offered to public consumers inside most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed as long as the troubles occurred during the warranty period. Additionally, although a few Lemon Laws limit their coverage benefits to a very specific list of automobiles, the Magnuson Moss Act is relevant to almost all consumer items. The Magnuson Moss Act could also be applicable if you purchased or leased a used automobile without a manufacturing business warranty, or if the automobile 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 ratified in every state. It is the foundational foundation of law regulating warranties on consumer goods, including vehicles and other items. The UCC offers another legal route for consumers with lemon problems.

UCC code stipulates that the purchaser of a product is entitled to return goods which fail in any respect to the consumer warranty. Therefore, if your recently purchased car doesn't function as endorsed by the manufacturing business (your manufacturer warranty is a portion of your agreement), you can file a claim referencing the UCC in addition to any other claims you may have.

The time period for returning a vehicle with the UCC is not unlimited. If you identify a gremlin in your car within a fair posession time period, you can take back the motor vehicle. Unfortunately, brand new cars can be typically technically complex and you might not understand if your item conforms to the contract until long after you purchase the item and defects begin to come up. Thus, if After this posession time period you don't refuse the item, you will be deemed to have approved of it and will have no claim through the UCC.

The duration of the inspection period is not outlined in the regulation. Local courts decide how long the fair inspection period is based on the purchaser's expertise and experience, the purchaser's trouble in happening upon the fault, and the purchaser's opportunity to expose the failing.

In spite of this limit, the UCC states that in certain cases where a consumer is alleged to have approved of goods (i.e. the fair inspection period has elapsed), a consumer can still abrogate his approval of those goods where the non-conformity substantially impairs the value of the goods to him. Those instances include circumstances in which it proves burdensome to find the nonconformity or the consumer was told that the non-conformity would be repaired. In other words, the local court will excuse the consumer from not refusing the goods where the consumer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively gives out and you have to keep taking it back to the dealer for repair under the written warranty, the auto lemon law might be your next recourse. The failing should be substantial in which it interferes with your driving the motor vehicle or your safety. A motor vehicle stalling perpetually would be a substantial failing. This is exactly the type of defect that could impair your driving and your safety. Under the automobile lemon law you are not required to demonstrate why the vehicle is stalling, you just have to show clearly that it is stalling. Put simply you need to go over 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 not able to correct the vehicle when it is warranted.

If you own a product which is a lemon you can directly write to the original equipment manufacturer and ask for a replacement product. If this demand is not acceptable to the original equipment manufacturer, you can enter into an arbitration arrangement. A few makers use their own arbitration process. Other makers utilise external arbitration program such as Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original equipment manufacturer but not on the buyer. If unsatisfied with the opinion, the buyer can take the original equipment manufacturer to court.

Virtually all ordinances provide that the purchaser needs to be restored back to the financial position they were in before they purchased the motor vehicle, less the amount that the purchaser profited from by using the motor vehicle. To get the refund total many factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned motor vehicles might qualify under normal lemon laws. For example, a pre-owned vehicle might fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States which do have a used vehicle lemon law may be additionally generous with the age and amount of mileage. Still, the car must be sold by a dealer that offers a written warranty. Individual sales are not included, nor are cars sold under a stated purchase price. There could be other restrictions to a used car lemon law such as the purposes in which the motor vehicle is utilized or the categorization of motor vehicle. Older vehicles, are normally excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car ordinances. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the fee program. Many lemon law lawyers demand a rather modest retainer to cover a lemon law claim, and afterward, the lawyer's bills are charged to the manufacturing business. Essentially, lemon law claims are commonly very inexpensive to purchasers. The reimbursement of attorney invoices varies from state to state. About one-half of the states provide for you to recuperate your Attorney bills if you win. The attorney's fee is based upon actual time logged instead of being connected to any other percentage of the recuperation. In a few States, you have to pay the manufacturer's lawyer's bills if you lose.

Consumers should place their complaints in writing and retain a copy. In all written correspondence, always make clear how burdensome it is to return the car to the dealership for work and that the reliability that the customer believed He or she was acquiring has been non-existent. Any written correspondence with a dealership or manufacturing business needs to be sent using certified post. In most suits the makers claim that they have not had the required number of attempts to remedy the problem. They bet on the fact that the customer doesn't file repair receipts for each occurance they have driven the auto into the repair facility. They also bet on the possibility that the repair receipts have seperate things fixed each occurance establishing that they haven't repaired the same condition. Consumers ought to respond by demanding that authorized dealerships always hand them a warranty repair sheet. Consumers should also indicate that these unrecorded trips are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's book and warranty principles completely, along with the data pertaining lemon law rights that you ought to obtain when you acquire your automobile. Don't depend on your dealership to describe which troubles are covered by warranty. If your dealership states that a condition is not covered and you think that he or she is misleading you, be calm but assertive. Don't be afraid to point out the segment of the warranty that applies, or to call the original producer for verification utilizing the contact information included within your owner's book. You shouldn't have to pay for repairs related to lemon law complaints. It's also crucial to advise the original producer of a complaint as soon as possible. If you believe that your motor vehicle has a condition what just can not be remedied, check your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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