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Connecticut

Connecticut Lemon Law

Connecticut Lemon law Title 42, Chapter 743b

CHAPTER 743b* NEW AUTOMOBILE WARRANTIES

Connecticut Lemon law Sec. 42-179. New motor vehicle warranties.

Leased vehicles. Resales. Transfers. Manufacturer buybacks.

(P.A. 82-287; P.A. 83-351, S. 1; 83-458; P.A. 84-338, S. 3, 8; 84-429, S. 75; P.A. 85-331, S. 1, 6; 85-613, S. 132, 154; P.A. 87-342, S. 1, 5; 87-522, S. 2, 6; P.A. 89-173, S. 1, 2; P.A. 92-190; P.A. 93-435, S. 14, 95.)

History: P.A. 83-351 amended Subsec. (a) to provide that the definitions therein also apply to Sec. 42-180; P.A. 83-458 amended Subsec. (c) by prohibiting manufacturers from holding dealers liable for refunds or vehicle replacements under certain circumstances; P.A. 84-338 created a period during which a consumer may require a manufacturer or dealer to repair a nonconformity existing in a new motor vehicle sold on or after July 1, 1984, outlined requirements concerning notifying the manufacturer of a nonconformity, specified the elements included in a refund of the contract price, required that a replacement vehicle be acceptable to the consumer, defined a defect as anything which impairs the use, safety or value of the vehicle, redefined the amount deducted for reasonable allowance for use, required disclosure that any vehicle which requires refund or replacement and which is being resold has been returned, and established that a manufacturer’s informal dispute resolution procedure must comply with Title 16, Code of Federal Regulations Part 703 as in effect on October 1, 1982; P.A. 84-429 made technical changes for statutory consistency; P.A. 85-331 amended Subsec. (i) by specifying that a manufacturer’s informal dispute resolution procedure must be certified by the attorney general as complying with Title 16 Code of Federal Regulations, Part 703, as in effect on October 1, 1982, and with the provisions of Subsec. (b) of Sec. 42-182, or order to come within the provision of this section; P.A. 85-613 made technical changes in Subsec. (e); P.A. 87-342 extended the provisions of the section to leased vehicles, removed obsolete language and made technical changes; P.A. 87-522 amended Subsecs. (b) and (e) by removing archaic language and making other technical changes, inserted a new Subsec. (f) concerning motor vehicles which have a nonconformity which results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, relettered the remaining existing Subsecs. and amended the relettered Subsec. (g) by requiring a manufacturer who accepts the return of a motor vehicle due to a defect or nonconformity to notify the department of motor vehicles; P.A. 89-173 amended Subsec. (e) to require at least one repair attempt prior to making of a claim and amended Subsec. (g) to require persons other than manufacturers to make disclosures and to provide for regulations by the commissioner of motor vehicles concerning the format, nature and time period of information required; P.A. 92-190 amended Subsec. (g) to make chapter apply to “transferred” vehicles and to specify that the required written disclosure “shall be affixed to the motor vehicle and shall be included in any contract for sale or lease”, dividing Subsec. into Subdivs. and adding provisions designated as Subdiv. (2) which, among other things, provided for the stamping of the words “manufacturer buyback” on the original title of any buyback vehicle and added Subdiv. (4) specifying applicability to vehicles returned in another state because of nonconformity or defect and subsequently sold in this state; P.A. 93-435 reinstated language last printed in the 1991 revision, but dropped in the 1993 revision due to a clerical error, effective June 28, 1993.

Cited. 203 C. 63, 67, 69, 71, 73, 74, 78. Cited. 209 C. 579, 584587. Lemon law I cited. Id. Cited. 212 C. 83, 88. Motorcycles fall within definition of “motor vehicle”. 40 CS 156158. Subsec. (a): Cited. 40 CS 156, 157. Subsec. (d): Cited. 203 C. 63, 78, 79. Cited. 209 C. 579, 587. Cited. 213 C. 136, 140, 142, 143. Subsec. (g): Cited. 209 C. 579, 587. Subsec. (i): Cited. 209 C. 579, 587. Cited. 212 C. 83, 88, 89, 93.

Sec. 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.

(P.A. 85-331, S. 4, 6.) Cited. 203 C. 63, 73, 74. Cited. 209 C. 579, 585.

Sec. 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.

(P.A. 89-173, S. 4.)

Sec. 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.

(P.A. 83-351, S. 2; P.A. 87-342, S. 2, 5.) History: P.A. 87-342 extended provisions of section to leased vehicles. Cited. 209 C. 579, 586, 587.

Sec. 42-181. Department arbitration procedure.

Records. Appeals.

(P.A. 84-338, S. 1; P.A. 85-331, S. 2, 6; P.A. 87-342, S. 3, 5; 87-522, S. 3, 6; P.A. 89-173, S. 3, 7; P.A. 90-8, S. 1, 2; P.A. 96-259, S. 1.)

History: P.A. 85-331 changed department panel to arbitration panel, deleted the requirement that a consumer return the complaint form within five days from Subsec. (b), sanctioned the use of a technical expert with credentials from a nationally recognized organization, prohibited the commissioner from altering the decision of an arbitration panel, and allowed either party to appeal the decision of an arbitration panel to superior court in Subsec. (c), and in Subsec. (f) required the attorney general to establish procedures for processing consumer complaints and maintaining records; P.A. 87-342 amended Subsec. (b) by extending the provisions of the section to leased vehicles; P.A. 87-522 amended Subsec. (b) by providing that the department of consumer protection shall conduct an initial review of a complaint, and that such initial review may be reviewed by an arbitration panel upon written request of a consumer, provided such panel may determine that the complaint does not allege a violation of Sec. 42-179 at any time and amended Subsec. (c) by providing that the failure of the arbitrators to render a decision within sixty days shall not void any subsequent decision or otherwise limit the power of the arbitrators, eliminated the remedy of repair of the vehicle, requiring a party moving for an order confirming or modifying any award to mail a copy of the application as subsequent entry of judgment to the attorney general and provided that each day a manufacturer fails to perform all awarded remedies shall be deemed a separate violation for purposes of Sec. 42-184; P.A. 89-173 amended Subdiv. (4) of Subsec. (c) to exclude repair from the list of remedies; P.A. 90-8 amended Subsec. (c) to specify that arbitration panel is to base its determination of liability solely on question of compliance with Sec. 42-179, to specify that decision is final and binding subject only to judicial review and to specify limits of inquiry under judicial review; P.A. 96-259 amended Subsec. (d) to require the department to compile statistics annually rather than at intervals of no more than six months.

Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579581, 583, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8894, 97. Lemon Law II cited. Id. Cited. 213 C. 136138, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec. (a): Cited. 212 C. 83, 88. Subsec. (b): Cited. 203 C. 63, 66, 73. Cited. 209 C. 579, 585, 595. Cited. 212 C. 83, 88, 90, 98. Subsec. (c): Cited. 203 C. 63, 66, 73, 78. Court concluded general assembly intended to authorize arbitrators to award reasonable attorneys’ fees to consumers who prevail. 209 C. 579, 585, 595. Subdiv. (5) cited. Id., 579, 587, 588, 593. Subdiv. (4) cited. Id., 579, 589. Judicial review procedures are constitutionally insufficient. 212 C. 83, 84, 8890, 93, 9597. Subdiv. (2) cited. 213 C. 136, 142. Cited. 226 C. 475, 492. Subsec. (e): Cited. 212 C. 83, 88. Subsec. (g): Cited. 203 C. 63, 66.

Connecticut Lemon law Sec. 42-182. Certification of manufacturer’s informal dispute settlement procedures.

(P.A. 84-338, S. 2, 8; P.A. 85-331, S. 3, 6; P.A. 87-522, S. 5, 6; P.A. 88-230, S. 1, 12; 88-317, S. 94, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 46.) *Note: On and after September 1, 1998, the phrase “judicial district of Hartford” shall be substituted for “judicial district of Hartford-New Britain”.

History: P.A. 85-331 empowered the attorney general to conduct hearings in connection with the certification or evaluation of manufacturer’s informal dispute settlement procedures, prohibited informal dispositions, unless such proceeding is open to the public, provided for the revocation of certification, appeals from decisions of the attorney general, required meetings relating to certification or evaluation to be open to the public, deleted the attorney general’s power to adopt regulations, prohibited manufacturer’s settlement procedures from failing to conform to standards of this chapter in processing consumer complaints; P.A. 87-522 amended Subsec. (a) by authorizing the attorney general to issue written interrogatories and prescribing the manner in which subpoenas may be served, and amended Subsec. (c) by specifying the type of records which manufacturers operating or participating in informal dispute settlement procedure are required to keep; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (a) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 8385, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec. (b): Cited. 209 C. 579, 587.

Connecticut Lemon law Sec. 42-183. Institution of proceedings.

The Commissioner of Consumer Protection may, in consultation with the Commissioner of Motor Vehicles, request 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.) Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.

Connecticut Lemon law Sec. 42-184. Unfair trade practices.

A violation of any of the provisions of sections 42-179 and 42-181 to 42-183, inclusive, shall be deemed an unfair or deceptive trade practice under chapter 735a.

(P.A. 84-338, S. 5, 8.) Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.

Connecticut Lemon law Sec. 42-185. Waiver of filing fees, statement prohibited.

Notwithstanding the provisions of any general statute, regulation or grant of authority to the contrary, no filing fee or statement required under the provisions of this chapter shall be waived, refunded, reduced or withheld from use, by the state pursuant to any contract, stipulated settlement, 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.

(P.A. 85-331, S. 5, 6.) Cited. 203 C. 63, 73. Cited. 209 C. 579, 585. Cited. 212 C. 83, 84, 8893, 97, 99. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.

Connecticut Lemon law Sec. 42-186. Action brought by lessee against manufacturer.

Lessee to notify lessor. Lessor authorized to petition to be made a party to proceeding. In any action by a consumer who is a lessee 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 lease of such motor vehicle pursuant to section 42-179, the lessee shall, at the time of the service of process upon such manufacturer, manufacturer’s agent or authorized dealer, notify the lessor of such motor vehicle 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.)

Connecticut Lemon law Secs. 42-187 to 42-199.

Reserved for future use.