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.

Essentially, the Lemon Laws state that if you purchase (and in many states, lease) a new or pre-owned car or other vehicle covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturer just can't fix it even with recurring tries (in a specified time that differs from state to state), or if the motor vehicle is not usable for a limited time (usually 30 days) due to its shortcomings, you are entitled to a wide number of dismantles, inclusive of:

1. Money restitution
2. A payback of your purchase price
3. A new vehicle
In addition, almost all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee transferring component that states that if you win your case, the original maker or dealership that sold you the lemon is forced to repay you for laywers' fees.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the protections of each state's statute are different, the general state Lemon Law statute extends help to a consumer with a impared auto sold with a warranty if:

1. The dealership or original maker just can't genuinely repair a particular flaw in the automobile after a fair number of repair efforts (typically at least three);
2. The car cannot be used for at least 30 days due to problems in the motor vehicle; or
3. The dealership or original maker just can not repair a defect that is a significant safety risk.

By and large, a bad automobile is a automobile with a defect or condition that largely cripples its use, value, or safety to the consumer and does not comply with the warranty. Often times, the period in which the Lemon Laws are applicable are relatively short; the defects and subsequent repair efforts (or out-of-service time period) usually will take place during the first 2-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Moreover, almost all states have notification and trigger requirements, such as asking the consumer to send registered post notice to the original equipment manufacturer of the flaws and presenting the dealer an opportunity to fix the motor vehicle. Additionally, some states demand that Lemon Law claims be resolved through an arbitration process.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and used cars purchased while under the makers basic warranty. A number of state Lemon Laws also are applicable to automobiles other than passenger vehicles. depending upon the customer's home state, or the state in which the consumer purchased the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (such as televisions)
There are a number of powerful resolutions possible under the Lemon Laws. Frequently, if the original equipment manufacturer cannot correct the car, the consumer can either expect the original equipment manufacturer to replace the motor vehicle, or make the original producer to reposess the motor vehicle and refund the price paid plus accompanying damages, like all charges, towing charges, repair charges, associated travel costs and other costs incurred by the consumer as a result of the troubles in the motor vehicle. Another important relief available under most Lemon Laws is laywers' fees. In most states, if you win in a Lemon Law suit, you will not have to pay any litigation bills-the motor vehicle maker that sold you your lemon is forced to pay all of your court invoices.

The defendant automobile manufacturer can apply many defenses to a Lemon Law claim. The average regulation extends that the original equipment manufacturer is not guilty if it can affirm that the flaws in question persisted due to misuse, disregard, or the tampering or modification of a automobile by somone other than the maker, its agent, or an authorized dealership. Restated, if the consumer damages his or her own automobile, or the shortcomings were the fault of modifications or changes performed by an unauthorized dealer, the maker might not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Ratified by Congress in 1975, the Magnuson Moss Act requires makers and marketers of consumer products to provide customers itemized info about warranty coverage claims. Additionally, it affects both the rights of customers and the obligations of warrantors under written warranties.

Although the Magnuson Moss Act doesn't demand an vehicle original maker to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act extends numerous protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by permitting consumers to recover litigation costs and reasonable laywers' fees.

The Magnuson Moss Act is typically helpful in a lemon situation in which, for some reason, a state Lemon Law claim is not applicable or otherwise unsuited. For instance, divaricate from the relatively short period of time offered to consumers within most Lemon Laws, you could record a claim for breach of warranty after the warranty period has expired if the problems happened during the warranty period. Furthermore, although some Lemon Laws restrict their coverage to a narrow list of cars, the Magnuson Moss Act applies to nearly all consumer products. The Magnuson Moss Act might also apply if you bought or leased a preowned vehicle without a manufacturer's warranty, or if the vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 US States. It is the primary source of law governing consumer warranties, including automobiles and other items. The UCC offers a legal channel for consumers with lemon troubles.

UCC code stipulates that the buyer of a product is entitled to return merchandise which break in any way to the contract. Therefore, if your new item does not work as established by the original producer (your manufacturer warranty is a portion of your agreement), you may have a claim referencing the UCC in addition to whatever other claims you might have.

The time period for bringing back a motor vehicle with the UCC is not unlimited. If you expose a failing in your automobile within a reasonable ownership time period, you may reject the car. Unfortunately, brand new motor vehicles are oftentimes technically complicated and you may not acknowledge if your automobile conforms to the consumer warranty until long after you buy the automobile and troubles begin to develop. Essentially, if Following this ownership time you do not refuse the automobile, you will be deemed to have accepted it and may have no claim through the UCC.

The duration of the inspection time period is not defined in the regulation. The Courts determine how long the sensible review period is based on the consumer's familiarity and personal experience, the consumer's difficulty in exposing the fault, and the consumer's opportunity to come across the gremlin.

In spite of this limit, the UCC stipulates that in certain examples where a purchaser is stated to have approved of products (i.e. the sensible review time period has expired), a purchaser can still renounce his favorable reception of those products where the non-conformity often cripples the marketability of the products to him. Those examples include cases in which it proves burdensome to come across the nonconformity or the purchaser was guaranteed that the non-conformity would be remedied. Put differently, the court will relieve the purchaser from not having rejected the products where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a vehicle excessively gives out and you have to keep bringing it back to the dealership for repair under the warranty, the vehicle lemon law can be your next recourse. The problem ought to be significant where it interferes with your driving the motor vehicle or your safety. A motor vehicle stalling often would be a significant problem. This is precisely the type of defect that could hamper your driving and your safety. Under the auto lemon law you are not obliged to demonstrate why the auto is stalling, you just have to prove that it is stalling. Essentially you need to look into the lemon law in these three situations: the auto keeps breaking within the warranty period, the auto is a safety risk, the dealership is unable to correct the auto when it is warranted.

If you have a car which is a lemon you can directly write to the manufacturing business and ask for a replacement car. If this request is not satisfactory to the manufacturing business, you can move into an arbitration program. A few makers have their own arbitration program. Other makers utilize external arbitration program including Autoline by the BBB. The proposal of the arbitrators is binding on the manufacturing business but not on the buyer. If unsatisfied with the opinion, the buyer can take the manufacturing business to court.

Virtually all regulations state that the purchaser ought to be returned back to the fiscal status they were in prior to purchasing the vehicle, less the sum that the purchaser profited from by using the vehicle. To get the payback amount several components 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 basic lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States which do have a pre-owned car lemon law might be more generous with the age and measure of mileage. Still, the car needs to be sold by a car dealership that extends a written warranty. Private sales aren't included, neither are vehicles sold under a declared original cost. There may be other restrictions to a used car lemon law such as the functions in which the vehicle is pre-owned or the categorization of vehicle. Older cars, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car regulations. They often range from 30 to 90 days, depending on your pre-owned car's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that cover to your state. Also enquire about the fee structure. Many lemon law lawyers take a generally modest retainer to manage a lemon law claim, and thenceforth, the attorney's invoices are billed to the original maker. Thus, lemon law claims are commonly very inexpensive to customers. The reimbursement of attorney bills varies from state to state. About half of the states permit you to recoup your Lawyer expenses if you win. The attorney's fee is based upon actual time spent instead of being connected to any percentage of the recuperation. In a select few States, you must pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to register their charges in writing and save a copy. In every written communication, always delineate how problematic it is to return the auto to the car dealership for corrections and that the reliableness that the buyer thought He or she was buying has been non-existent. Any written communication with a dealership or original maker must be sent using certified mail. In many instances the makers claim that they haven't had the essential number of attempts to correct the problem. They assume on the reality that the buyer doesn't file repair orders for each instance they have brought the motor vehicle into the dealership. They also bet on the fact that the repair orders have seperate parts repaired every time establishing that they haven't repaired the same defect. Consumers should respond by asking that authorized dealerships always hand them a warranty repair ticket. Consumers ought to also indicate that these unrecorded visits are attempts.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately read your owner's manual and warranty references entirely, along with the data with respect to lemon law rights that you should get when you purchase your motor vehicle. Don't bet on your car dealership to teach you what problems are covered by warranty. If your car dealership states that a defect is not covered and you believe that she is purposely deceiving you, be genteel but self-assertive. Don't be afraid to go over the segment of the warranty that is relevant, or to call the original producer for confirmation applying the contact info included with your owner's manual. You shouldn't be obliged pay for work connected to lemon law complaints. It's also crucial to give notice the original producer of a complaint immediately. If you are suspicious that your automobile has a defect what just can not be fixed, check into 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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