Connecticut Used Motor Vehicles Lemon Law

CHAPTER 743f* USED AUTOMOBILE WARRANTIES

Sec. 42-220-Definitions

As used in sections 42-220 to 42-226 of Connecticut lemon laws,

  1. "Dealer" means a person, firm or corporation entitled to repair or sale new and used cars on behalf of the manufacturer
  2. "Motor vehicle"
    • A self-propelled vehicle having four or more wheels which is used to fulfill, personal, family, or household needs
    • Every car, truck or any vehicle purchased for the use and operation on roads
    • A vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
  3. "Used motor vehicle" is,
    • A motor vehicle which has been sold out or exchanged for the second time or more
    • A vehicle whose title is already been assigned to a person
  4. "Cash purchase price" means the amount which a buyer pays to purchase a vehicle except a finance charge
  5. "Consumer" is,
    • A purchaser who purchases a vehicle for personal, family, or household use
    • Who has paid a handsome amount for purchasing that car
    • A person whom the title of the car or any other vehicle has been transferred
    • Who is entitled to enforce the obligations of the warranty

Sec. 42-221-Implied Warranties. Express Warranties. Exemptions. Waiver

  1. A dealer shall not be allowed to exclude, modify, disclaim or limit implied warranties who is selling a used motor vehicle which has a cash purchase price of three thousand dollars or more
  2. A contract between a dealer and consumer of a used car which has a cash purchase price of three thousand dollars or more but less than five thousand dollars must include an express warranty with full cost of labor and parts. It must also include that the vehicle is sound and will remain so for at least thirty days or one thousand five hundred miles of operation, expect any damages or misuse by the consumer. A dealer may not limit a warranty covered by this section by the use of such phrases as "fifty-fifty", "labor only", "drive train only", or other words attempting to disclaim his responsibility.
  3. The provisions of this section shall not apply to,
    • The cars having cash purchase price of less than three thousand dollars
    • The sale of such motor vehicles between dealers
    • The used vehicles which are seven years older, which age shall be calculated from the first day in January of the designated model year of such vehicle.
  4. The buyer is entitled to waive a warranty only as to a particular defect in the vehicle which the dealer has disclosed to the consumer as being defective. No such waiver shall be effective unless such waiver:
    • Is in writing
    • Is conspicuous, as defined in subdivision (10) of section 42a-1-201 of Connecticut lemon laws and is in simple language
    • Identifies the particular disclosed defect in the vehicle for which such warranty is to be waived
    • States what warranty, if any, shall apply to such disclosed defect
    • Is signed by both the customer and the dealer prior to sale.

(P.A. 87-393, S. 2.) Subsec. (b): Cited. 31 CA 634, 635.

Sec. 42-222-Effect of Notification of Breach of Warranty during Warranty Period

A dealer should entertain each warranty required by sections 42-220 to 42-226, inclusive, unless the warranty period has expired, provided the consumer notifies the dealer of a claimed breach of the warranty within the warranty period specified in subsection (b) of section 42-221.

(P.A. 87-393, S. 3.)

Sec. 42-223-Extensions of Warranty Period. Voidable Agreements

  1. The warranty period shall be extended any time during which the used motor vehicle is in the possession of the dealer for the purpose of repair under the terms and obligations of warranty.
  2. The term of any such warranty shall be extended if the repair services are not available due to war, invasion or strike, fire, flood or other natural disaster.
  3. according to Connecticut lemon laws, “any agreement entered into by a consumer for the purchase of a used motor vehicle which waives, limits or disclaims the rights set forth in sections 42-220 to 42-226, inclusive, except as provided in subsection (d) of section 42-221, shall be voidable at the option of the consumer. If a dealer fails to provide a written warranty as required by said sections, the dealer shall be deemed to have given said warranty”.
  4. Nothing shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(P.A. 87-393, S. 4.)

Sec. 42-224-"As is" Sales. Disclaimer

  1. A dealer should sale a used motor vehicle “as is” only if its cash purchase price is less than three thousand dollars or if such used motor vehicle is seven years older
  2. No "as is" disclaimer by a dealer shall be enforceable unless all of the following conditions are met:
    • A disclaimer should be on the first page like this,

      "AS IS"
      THIS VEHICLE IS SOLD "AS IS".
      THIS MEANS THAT YOU WILL LOSE YOUR IMPLIED WARRANTIES.
      YOU WILL HAVE TO PAY FOR ANY REPAIRS NEEDED AFTER SALE.
      IF WE HAVE MADE ANY PROMISES TO YOU,
      THE LAW SAYS WE MUST KEEP THEM, EVEN IF WE SELL "AS IS".
      TO PROTECT YOURSELF, ASK US TO PUT ALL PROMISES INTO WRITING.

    • The disclaimer font should be twelve-point boldface type and the heading should be in sixteen-point extra boldface type. The entire notice shall be boxed.
    • The consumer shall indicate his assent to the disclaimer by signing his name within the box containing the disclaimer.
  3. No warranty will be implied on a used motor vehicle which is sold "as is" but shall not waive any express warranties, whether oral or written, which may have been made nor shall it affect the dealer's responsibility for any representations which may have been made, whether oral or written, upon which the buyer relied in entering into the transaction.

(P.A. 87-393, S. 5.)

Sec. 42-225-Deceptive Statements. Motor Vehicle Declared Constructive Total Loss. Disclosure Required. Promise to Repair

  1. No dealer may make any false, misleading or deceptive statements about the condition or history of any used motor vehicle offered for sale.
  2. No dealer shall fail to disclose to a consumer in a contract for the sale of a used motor vehicle that such vehicle has been declared a constructive total loss, as defined in section 38a-353, if
    • The certificate of title must be stamped "totaled", "salvaged" or with a comparable designation
    • The invoice of such vehicle should clearly state that the vehicle has been declared a constructive total loss
    • Such dealer has been notified by (A) the seller of such vehicle or (B) the lender holding title to such vehicle that such vehicle has been declared a constructive total loss as defined in section 38a-353.
  3. If a dealer promises to repair any conditions of a used vehicle, then he should list such repairs in writing, attach a copy of such list to the contract and incorporate such list into the contract

Sec. 42-226-Independent Inspection

A consumer is entitled to have an independent inspection of a used car by a person chosen by him/her, but the dealer may establish reasonable conditions regarding the place, time and extent of the inspection.

Sec. 42-226a-Penalty

If a dealer violates any of the provisions of sections 42-221 to 42-226, he shall be subject to the penalties provided in section 14-64