Lemon Law - Connecticut
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state.
They are not and should not be considered legal opinions or advice
as to whether you have rights under lemon law or whether you should
pursue "a lemon law case". If after reading
this information, you believe you qualify, you should seek the
advice and counsel of an attorney specializing in lemon law in your
state. Remember that each state's lemon laws vary.
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.
