Connecticut New Car Lemon Law

CHAPTER 743b* NEW AUTOMOBILE WARRANTIES

Sec. 42-179-New Motor Vehicle Warranties. Leased Vehicles. Resales. Transfers. Manufacturer Buybacks

  1. As written in this section:
    1. "Consumer" is
      • A person who buys a vehicle to fulfill personal, family or household needs not with the intention to resale
      • Any person to whom such motor vehicle is transferred during the duration of an express warranty
      • Any person entitled by the terms of such warranty to enforce the obligations of the warranty
    2. "Motor vehicle" means a wheeler which is self-propelled and through which people move from one place to another or which is used to carry goods to the required destination and which is sold or leased in this state.
  2. If a motor vehicle is defective or doesn’t conform to the warranty and the consumer informs the manufacturer or repairing agent about that condition within the warranty period or during two years from the date of delivery of the vehicle or within the period of first 24000 miles whichever occurs first, then, the dealer or manufacturer must fix those conditions affecting the use and market value of that vehicle.
  3. according to Connecticut lemon laws, “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”.
  4. if the consumer thinks that the vehicle is not working properly and the manufacturer or dealer is unable to fix the nonconformity after a number of attempts within the express warranty which impairs the utilities and value of the vehicle, then the manufacturer should replace the vehicle with a vehicle of the same standard or offer a refund to the consumer, if any, as their interests may appear, the following:
    1. The full contract price, including charges for undercoating, dealer preparation and transportation and installed options
    2. All collateral charges, including 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 for repair
    4. All incidental damages as defined in section 42a-2-715, less a reasonable allowance for the consumer's use of the vehicle. It shall be an affirmative defense to any claim under this section, if:
      • The nonconformity does not significantly affects the use and market value of a motor vehicle
      • Nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.
  5. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if
    • The manufacturer has attempted the repairs four times or more within the period of warranty or within one year from the date of delivery and the nonconformity continues to exist
    • The motor vehicle is out of service or in custody of the manufacturer or repairing agent for 30 or more business days for repair during the warranty period or within one year.
    • The manufacturer has held the car in his custody for the purpose of repair of nonconformity for more than 30 calendar days. This time period shall be extended due to conditions beyond the control of the manufacturer or its agents like, war, invasion, strike, or fire, flood, or other natural disaster.
  6. if a motor vehicle is defective which if used, can cause death or serious bodily injury and it shall be presumed that a reasonable number of attempts have been undertaken to conform such vehicle to the applicable express warranties and the nonconformity continues to exist, then the consumer would be at an option either to return the vehicle to the manufacturer and get a new one or get a refund.
    • According to Connecticut lemon laws, no returned or non-conformed vehicle can be resold or transferred within the state without the written disclosure of the fact that such motor vehicle was so returned. The disclosure will be included in the contract letter of any sale. 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.
    • If a manufacturer has accepted the return of a motor vehicle, such manufacturer shall stamp the word "MANUFACTURER BUYBACK" clearly and conspicuously on the main page of the original title in letters at least one-quarter inch high and, within ten days of receipt of the title and submit a copy of the stamped title to the Department of Motor Vehicles.
    • 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.
  8. 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.
  9. Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
  10. as sated in Sec. 42-179 of Connecticut lemon laws, “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”.

Sec. 42-179a-Copies of Paperwork or Invoices

The consumer is entitled to ask for copies of paperwork or invoices of repair work in accordance with the provisions of subsection (b) of section 42-179.

Sec. 42-179b-Dealers and Lessors to Deliver Information

Each motor vehicle dealer, as defined in 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.

Sec. 42-180-Costs and Attorney's Fees in Breach of Warranty Actions

If the manufacturer breaches the warranty offered in connection with the sale or lease of such motor vehicle then the consumer is entitled to sue against him, the court may award to the plaintiff his costs and reasonable attorney's fees and, if the court determines that the action was brought without any substantial justification, it may award costs and reasonable attorney's fees to the defendant.

Sec. 42-181-Department Arbitration Procedure-Records-Appeals

  1. The Department of Consumer Protection also works as an arbitrator to settle down the disputes between consumers and manufacturers of motor vehicles which do not conform to all applicable warranties under the terms of section 42-179. The commissioner of Department of Consumer Protection establishes one or more automobile dispute settlement panels which consists of three members and out of them, only one may be directly involved in the manufacture, distribution, sale or service of a vehicle. Instead of referring an arbitration dispute to a panel established under the provisions of this section, the Department of Consumer Protection may refer an arbitration dispute to the American Arbitration Association in accordance with regulations adopted in accordance with the provisions of chapter 54.
  2. If any motor vehicle which is purchased at October 1, 1984 or after, or leased at any time on or after June 17, 1987, fails to conform to such applicable warranties, then, a consumer may bring an accusation to an arbitration panel. The consumer shall submit a complaint to an arbitration panel. The Department of Consumer Protection shall review and determine whether the complaint should be accepted or rejected for arbitration. The filing fee shall be refunded if the department determines that a complaint does not allege a violation of any applicable warranty under the requirements of said section 42-179.
  3. It is found in Sec. 42-181 of Connecticut lemon laws that “The Department of Consumer Protection shall investigate, gather and organize all information necessary for a fair and timely decision in each dispute. The commissioner may issue subpoenas on behalf of any arbitration panel to compel the attendance of witnesses and the production of documents, papers and records relevant to the dispute. The department shall forward a copy of all written testimony, including all documentary evidence, to an independent technical expert certified by the National Institute of Automotive Service Excellence or having a degree or other credentials from a nationally recognized organization or institution attesting to automotive expertise, who shall review such material and be available to advise and consult with the arbitration panel. An expert shall sit as a nonvoting member of an arbitration panel whenever oral testimony is presented. Such experts may be recommended by the Commissioner of Motor Vehicles at the request of the Commissioner of Consumer Protection. An arbitration panel shall, as expeditiously as possible, but not later than sixty days after the time the consumer files the complaint form together with the filing fee, render a fair decision based on the information gathered and disclose its findings and the reasons therefore to the parties involved. The failure of the arbitrators to render a decision within sixty days shall not void any subsequent decision or otherwise limit the powers of the arbitrators. The arbitration panel shall base its determination of liability solely on whether the manufacturer has failed to comply with section 42-179. The arbitration decision shall be final and binding as to the rights of the parties pursuant to section 42-179, subject only to judicial review as set forth in this subsection”. The decision shall provide appropriate remedies, including, one or more of the following:
    • Replacement of the vehicle
    • Refund of the full contract price, plus collateral charges as specified in subsection (d) of said section 42-179
    • Reimbursement for expenses and compensation for incidental damages
  4. The Department of Consumer Protection keeps record of each dispute with manufacturer name and model. The record is compiled annually indicating the arbitration attempts and number of replacement or refund. A copy of the statistical summary shall be filed with the Commissioner of Motor Vehicles and shall be considered by him in determining the issuance of any manufacturer license as required under section 14-67a. The summary shall be a public record.
  5. If a manufacturer has not established an informal dispute settlement procedure certified by the Attorney General as complying with the requirements of said section 42-179, public notice of the availability of the department's automobile dispute settlement procedure shall be prominently posted in the place of business of each new car dealer licensed by the Department of Motor Vehicles to engage in the sale of such manufacturer's new motor vehicles. Display of such public notice shall be a condition of licensure under sections 14-52 and 14-64. The Commissioner of Consumer Protection shall determine the size, type face, form and wording of the sign required by this section, which shall include the toll-free telephone number and the address to which requests for the department's arbitration services may be sent.
  6. Any consumer injured by the operation of any procedure which does not conform with procedures established by a manufacturer pursuant to subsection (b) of section 42-182 and the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, may appeal any decision rendered as the result of such a procedure by requesting arbitration de novo of the dispute by an arbitration panel. Filing procedures and fees for appeals shall be the same as those required in subsection (b) of this section. The findings of the manufacturer's informal dispute settlement procedure may be admissible in evidence at such arbitration panel hearing and in any civil action subsequently arising out of any warranty obligation or matter related to the dispute. Any consumer so injured may, in addition, request the Attorney General to investigate the manufacturer's procedure to determine whether its certification shall be suspended or revoked after proper notice and hearing. The Attorney General shall establish procedures for processing such consumer complaints and maintain a record of the disposition of such complaints, which record shall be included in the annual report prepared in accordance with the provisions of subsection (a) of section 42-182.
  7. The Commissioner of Consumer Protection shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section. Written copies of the regulations and appropriate arbitration hearing procedures shall be provided to any person upon request.

Sec. 42-182-Certification of Manufacturer's Informal Dispute Settlement Procedures

  1. Every year, the Attorney General prepares a report evaluating the whole year’s operations of informal dispute settlement procedures established by the manufacturers and issues a certificate of approval to those manufacturers whose settlement procedures comply with the provisions of Title 16 Code of Federal Regulations Part 703. The Attorney General or any authorized person can carry out investigation for the certification of manufacturer’s informal dispute settlement procedure and may hold hearings, issue subpoenas requiring the attendance of witnesses and the production of records, documents or other evidence in connection therewith. Service of subpoenas compelling testimony or the production of documents and written interrogatories as provided herein, may be made by
    • Personal service
    • A certified mail, return receipt requested and a duplicate of which will be addressed to the person to be served at his principal place of business in this state. If any person fails to conform to a subpoena or interrogatories issued according to this section, then, the Attorney General may apply to the superior court for the judicial district of Hartford for compliance, which court may, upon notice to such person, issue an order requiring such compliance, which shall be served upon that person
  2. A manufacturer's informal dispute procedure shall not include any practices which:
    • Holds up a judgment of a dispute further than sixty days after the date on which the consumer initially chooses the informal dispute settlement procedure either by a telephone call or by written notification that a dispute exists
    • delay implication of the cures decided by in a dispute settlement beyond ten days after receipt of notice of the consumer's acceptance of the decision, but the manufacturer has been granted thirty days to deliver a replacement of a motor vehicle or to refund the full contract price of the vehicle together with all collateral charges
    • require the consumer to make the vehicle available more than once for inspection by a manufacturer's representative, and more than once for repair of the same defect by a dealer, in which cases, and upon proof of the consumer's financial responsibility in accordance with the provisions of section 14-112, the manufacturer of the defective vehicle shall provide for the loan of a reliable vehicle, not more than two years old, for use during the periods required for inspection or repair
    • fail to consider in decisions any remedies provided by sections 42-179 and 42-181, this section and sections 42-183 and 42-184, such remedies to include
      1. Repair, replacement and refund,
      2. Reimbursement for expenses and collateral charges,
      3. Compensation for consequential and incidental damages as defined in said section 42-179
  3. All the manufacturers participating in an informal dispute settlement procedure to resolve disputes with consumers in this state shall be required to maintain records which indicate the number of:
    • vehicles sold in this state during the reporting period
    • telephone and written requests from consumers
    • requests rejected as ineligible for the program
    • requests accepted for resolution by the program
    • cases in which a decision was reached and the manufacturer has complied with the decision within the time period for compliance established by the decision
    • cases in which a decision was reached and the manufacturer's compliance occurred after the expiration of the time period for compliance established by the decision
    • cases in which a decision was reached, the time period for compliance has expired and the manufacturer has not complied with such decision
    • cases in which a decision was reached and the time period for compliance has not yet expired
    • cases in which a decision awarded no relief to the consumer
    • cases in which a decision awarded the consumer further repair or extended warranty
    • cases in which a decision required the manufacturer to accept the return of the vehicle and a refund was issued to the consumer
    • cases in which a decision required the manufacturer to accept the return of the vehicle and a replacement vehicle was provided to the consumer
    • cases in which a decision is pending
    • cases in which the consumer accepted the decision
    • cases in which the consumer rejected the decision
    • cases resolved by pre-decision settlement

Sec. 42-183-Institution of Proceedings

The Commissioner of Consumer Protection may, consults with the Commissioner of Motor Vehicles and requests institution of proceedings under section 14-67c against any manufacturer found to have failed to comply with the provisions of sections 42-179, 42-181 and 42-182, this section and section 42-184.

(P.A. 84-338, S. 4, 8; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

Sec. 42-184-Unfair Trade Practices

No one has given authority to violate any of the provisions of sections 42-179 and 42-181 to 42-183

Sec. 42-185-Waiver of Filing Fees, Statement Prohibited

Apart from the restrictions of any general law, no filing fee shall be waived, refunded or reduced from use, by the state in agreement to any contract, consent order, administrative directive or by any other means except as provided in this chapter or by order of a court of competent jurisdiction made upon proof of economic hardship and a finding that such settlement, consent order, directive or other action is in the public interest.

Sec. 42-186-Action Brought By Lessee Against Manufacturer-Lessee To Notify Lessor-Lessor Authorized To Petition To Be Made A Party To Proceeding.

If a consumer is a lessee who brings an action against manufacturer or its agent which is based upon the alleged breach of implied or express warranty offered at the time of lease under section 42-179 of Connecticut lemon laws, the lessee must notify the lessor of such action by registered or certified mail, return receipt requested, and such lessor may petition the court to be made a party to the proceedings.

(P.A. 87-342, S. 4, 5.)

Sections-42-187 to 42-189-Reserved For Future Use

Sec. 42-190-New Automobile Warranties Account Surcharge. Account

  1. Connecticut lemon laws state that “a new automobile warranties account surcharge is hereby imposed on the sale or lease of each new motor vehicle, as defined in section 42-179, sold or leased in this state by any person licensed to offer such vehicles for sale under section 14-52. Such surcharge shall be in addition to any tax otherwise applicable to any such sales transaction”.
  2. The surcharge shall be at a rate of three dollars per motor vehicle, as defined in section 42-179. Licensee engaged in the sale or lease of motor vehicles shell be responsible for the collection of such surcharge, as defined in section 42-179.
  3. The surcharge collected shall be deposited in the new automobile warranties account established pursuant to subsection (d) of Connecticut lemon laws.
  4. An account with a title "new automobile warranties account” is established which may contain any moneys required by law to be deposited in the account. The moneys in said account shall be allocated to the Department of Consumer Protection to carry out the purposes of this chapter.