Alaska loi de citron

31 août 2006 à 11:35 am · Classé sous Lemon lois

Les éléments qui sont couverts par la loi de citron de l'Alaska:

• Les véhicules à quatre roues normalement utilisé à des fins personnelles, familiales ou domestiques, doivent être enregistrés. Non compris les tracteurs, véhicules agricoles, motocyclettes ou les véhicules hors route.
• Alaska loi de citron peut s'appliquer si les conditions suivantes soient
• 3 tentatives de réparation - 30 jours ouvrables hors service
• Longueur de temps ou de miles devant la loi de l'Alaska au citron s'épuise
• période de garantie, expresse ou 1 an, selon la première éventualité.

Loi de citron en Alaska

AS 45.45.305. Remplacement ou un remboursement. Si, pendant la durée de la garantie, expresse ou moins d'un an à compter de la date de livraison du véhicule automobile à son propriétaire d'origine, selon la période se termine d'abord, le fabricant, revendeur distributeur, ou la réparation de l'agent n'est pas en mesure de se conformer au véhicule à moteur à une garantie applicable Express après un nombre raisonnable de tentatives, le fabricant ou le distributeur doit accepter le retour du véhicule à moteur non conforme, et, au choix du propriétaire, doit remplacer le véhicule non conforme avec un nouveau véhicule comparable ou rembourse la prix d'achat total pour le propriétaire moins une allocation raisonnable pour l'utilisation du véhicule à moteur à partir du moment où il a été remis au propriétaire initial. Un remboursement en vertu du présent article doit être faite à un titulaire de privilège de l'enregistrement, le cas échéant, et le propriétaire, que leurs intérêts peuvent apparaître.

AS 45.45.310. Avis donné par le propriétaire.

Pour demander un remboursement ou un remplacement sous AS 45.45.305, le propriétaire doit donner un avis écrit par courrier certifié, au constructeur et son concessionnaire ou la réparation de l'agent à tout moment avant 60 jours se sont écoulés après l'expiration de la garantie, expresse ou celui période de l'année après la date de livraison du véhicule automobile à son propriétaire d'origine, selon la période se termine premier (1) indiquant que le véhicule a une non-conformité; (2) fournir une description raisonnable de la non-conformité; (3) indiquant que le fabricant, distributeur, revendeur, agent ou la réparation a fait un nombre raisonnable de tentatives pour se conformer le véhicule, et (4) indiquant que le propriétaire exige un remboursement ou le remplacement de véhicules à livrer sur le 60 e jour après l'envoi de l'avis écrit. Dans les 30 jours suivant la réception de l'avis exigé par le présent article, le fabricant peut faire une dernière tentative pour se conformer le véhicule avant le remboursement ou le remplacement est pris en vertu de l'AS 45.45.305.

AS 45.45.315. Exceptions.

Un propriétaire ne peut recevoir un remboursement ou un remplacement sous AS 45.45.300 - 45.45.360 si le fabricant ou le distributeur indique que la non-conformité s'est plaint de

• (1) ne pas affecter soit l'utilisation ou la valeur marchande du véhicule automobile;
• (2) est le résultat de l'altération du véhicule automobile par le propriétaire ou une personne autre qu'un concessionnaire ou un agent de la réparation qui n'est pas autorisé par le fabricant ou le distributeur, ou d'abus ou de négligence par le propriétaire ou une personne autre que le concessionnaire ou réparation de l'agent.

AS 45.45.320. Présomption.

Une présomption selon laquelle un nombre raisonnable de tentatives ont été faites en conformité d'un véhicule automobile en vertu d'une garantie applicable Express est établi si:

• (1) la non-conformité même a fait l'objet de réparer trois fois ou plus par le fabricant, distributeur, revendeur, agent ou la réparation pendant la durée de la garantie, expresse ou la période d'un an après la livraison du véhicule automobile à son propriétaire d'origine, selon la période se termine premier, mais la non-conformité continue d'exister; ou
• (2) le véhicule est hors service pour réparation, pour un total de 30 jours ouvrables ou plus pendant la durée de garantie, expresse ou la période d'un an visé au (1) du présent article, le délai se termine première de toute période de temps que les réparations ne sont pas effectuées pour des raisons qui échappent au contrôle du fabricant, distributeur, revendeur, agent ou la réparation est exclue de la période de 30 jours visé au présent paragraphe.

AS 45.45.325. La disponibilité des pièces.

Un fabricant dont les véhicules sont vendus en l'état par un revendeur agréé doit fournir son concessionnaire ou la réparation de l'agent avec une partie nécessaire de faire une réparation d'une non-conformité couverts par une garantie expresse, dès que possible, sans frais supplémentaires pour le fret ou de la manipulation, si la partie n'est pas dans le concessionnaire ou un agent de l'inventaire lorsque le véhicule non conforme est porté à votre revendeur ou agent de réparation pour la réparation.

AS 45.45.335. Revente sans divulgation interdite.

Un véhicule à moteur remis en vertu AS 45.45.305 ne peuvent être revendus par le fabricant ou le distributeur dans l'État sauf si la divulgation complète de la raison pour laquelle la déclaration est faite à l'acheteur éventuel avant la revente est conclu.

AS 45.45.340. Autres droits et recours.

Les dispositions de l'AS 45.45.300 - 45.45.360 ne limitent pas les autres droits et recours qui peuvent être à la disposition du propriétaire d'un véhicule automobile en vertu d'autres dispositions de la loi. Le présent article ne crée pas une nouvelle cause d'action contre le concessionnaire ou la réparation agent qui vend ou tente de réparer un véhicule automobile jugée non conforme en vertu de l'AS 45.45.300 - 45.45.360.

AS 45.45.345. Services de réparation.

Un fabricant ou un distributeur ou véhicules à moteur qui autorise la vente du fabricant ou de véhicules à moteur du distributeur à l'Etat est de maintenir leurs installations autorisées de concessionnaire dans l'Etat qui sont en mesure d'accomplir le service et effectuer les réparations requises par la garantie expresse du fabricant et par AS 45,45 0.300 - 45.45.360.

AS 45.45.350. Remboursement des frais de port.

Un fabricant ou un distributeur qui accepte le retour d'un véhicule automobile non conformes en vertu de l'AS 45.45.305 doit rembourser le propriétaire pour tous les coûts raisonnables engagés dans l'expédition du véhicule et de la plus proche établissement autorisé pour le service de garantie et de réparation d'un défaut de conformité qui provoque le retour du véhicule.

AS 45.45.355. Arbitrage ou de médiation.

Si le fabricant ou le distributeur a mis en place une procédure de règlement amiable des différends qui est conforme substantiellement aux exigences de la norme 16 CFR 703, tel que cet article peut être modifié, ou si le fabricant ou le distributeur, après réception de l'avis requis par AS 45.45.310, offre en écrit à participer à un arbitrage ou de médiation avec le propriétaire et l'arbitrage ou de médiation décision est contraignante pour le fabricant ou le distributeur, mais pas sur le propriétaire, et si le règlement informel des différends ou d'arbitrage ou de médiation est approuvé par le procureur général, le dispositions de l'AS 45.45.305 remboursement concernant la ou le remplacement ou AS 45.45.350 concernant les frais d'expédition ne s'appliquent pas à un propriétaire qui n'a pas d'abord eu recours à la procédure de règlement des différends à l'amiable ou d'arbitrage ou de médiation.

AS 45.45.360. Définitions.

Définitions dans AS 45.45.300 - 45.45.360:

• (1) «courtier» désigne une personne qui a obtenu une franchise de, ou est autorisé par un constructeur automobile à s'engager dans la vente au détail et réparation sous garantie des véhicules du constructeur automobiles neufs dans l'État;
• (2) «distributeur» désigne une personne qui est autorisée par un fabricant de s'engager dans la distribution des grossistes de véhicules du fabricant automobiles neufs dans l'État;
• (3) "garantie expresse» ou «garantie» désigne une garantie expresse écrite fournie par le fabricant d'un véhicule automobile neuf;
• (4) «prix d'achat intégral» désigne le prix total payé pour un véhicule automobile par le propriétaire d'origine, y compris les frais ajoutés au prix de détail, tels que les frais d'inscription initiale, les frais de transport, préparation par le concessionnaire et distributeur options installées;
• (5) «fabricant» désigne une personne qui par le travail transforme les matières premières et composants dans les véhicules automobiles pour la vente en gros ou au détail;
• (6) «véhicule automobile» ou «véhicule» désigne un véhicule terrestre à quatre roues ou plus, qui est auto-propulsé par un moteur, est normalement utilisé à des fins personnelles, familiales ou domestiques, et il est nécessaire d'être enregistré en vertu de l'AS 28,10; mais ne comprend pas un tracteur, le véhicule agricole, ou un véhicule conçu principalement pour une utilisation hors route;
• (7) "non-conformité» désigne une défectuosité ou dans un véhicule automobile causé par un fabricant, distributeur, revendeur, agent ou de la réparation qui altère sensiblement l'utilisation ou la valeur marchande d'un véhicule;
• (8) «propriétaire» désigne un acheteur, autres que pour la revente, d'un véhicule automobile neuf, et une personne à laquelle la propriété du véhicule est transféré en conformité avec l'AS 28;
• (9) «indemnité raisonnable» signifie un montant attribuable à l'utilisation d'un propriétaire d'un véhicule automobile; une indemnité «raisonnable» ne peut excéder un montant égal à la dépréciation de la valeur du véhicule pour la période pendant laquelle le véhicule est disponible pour une utilisation par le propriétaire, calculé selon une méthode d'amortissement linéaire sur sept ans, plus un montant égal à la dépréciation de la valeur du véhicule qui est causée par une négligence ou d'abus par le propriétaire ou le corps des dommages non causés par une non-conformité;
• (10) «agent de réparation" désigne une personne qui a été expressément autorisée par un constructeur automobile ou d'un distributeur pour effectuer des réparations sous garantie en l'état sur un ou plusieurs du fabricant ou de véhicules à moteur du distributeur;
• (11) "amoindrit substantiellement la valeur de marché» désigne une non-conformité qui diminue sensiblement la valeur d'un véhicule à son propriétaire par rapport à la valeur d'un véhicule similaire qui n'a pas la non-conformité;
• (12) "entrave considérablement l'utilisation» désigne une non-conformité qui empêche un véhicule à moteur d'être exploités ou rend le véhicule dangereux à utiliser.

Commentaires

Arizona loi de citron

31 août 2006 à 11:35 am · Classé sous Lemon lois

Les éléments qui sont couverts en vertu de l'Arizona loi de citron
Véhicules de moins de 10.000 livres. PTC, qui sert à transporter des personnes ou des biens sur les routes, vaut également pour les véhicules automoteurs et le châssis d'un camping-car. (M)
Arizona loi de citron peut s'appliquer si les conditions suivantes soient
4 tentatives de réparation ou 30 jours calendaires hors service.
Longueur de temps ou de miles avant la loi de l'Arizona au citron s'épuise
période de garantie, expresse ou 2 ans ou 24,000 miles, selon la première éventualité.

Loi de citron dans l'Arizona

44-1261. Définitions; exemptions

A. Dans cet article, à moins que le contexte ne s'y oppose:

• 1. "Consommateur" désigne l'acheteur, autres que des fins de revente, un véhicule à moteur, toute personne à qui le véhicule est transféré pendant la durée d'une garantie expresse applicable au véhicule à moteur ou toute autre personne habilitée par les termes de la la garantie de faire respecter les obligations de la garantie.
• 2. «Véhicule automobile» désigne un véhicule automoteur désigné principalement pour le transport des personnes ou des biens sur la voie publique.

B. Si le véhicule automobile est une maison à moteur, les dispositions du présent article s'appliquent au véhicule de l'automoteur et le châssis, mais ne comprend pas les parties du véhicule conçu, utilisé ou maintenu principalement comme maison d'habitation mobile, ou bureau, des locaux commerciaux .

C. Les dispositions du présent article ne s'appliquent pas à un véhicule automobile avec un poids brut déclaré plus de dix mille livres.

44-1262. New motor vehicle; repair during express warranty or two years or twenty-four thousand miles

A. If a new motor vehicle does not conform to all applicable express warranties:

• 1. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following:
  • (a) The term of the express warranty.
  • (b) The period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier.
• 2. The manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs that are necessary to conform the motor vehicle to such express warranties, even if the repairs are made after the expiration of the term or two year period or twenty-four thousand mile limit.

B. This section does not limit in any way the remedies available to a consumer under a new motor vehicle warranty that extends beyond the limits prescribed in this section.

44-1263 . Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses

A. If the manufacturer, its agents or its 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 and 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 or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

B. It is an affirmative defense to any claim under this article that either:

• 1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.
• 2. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

44-1264 . Reasonable number of attempts to conform motor vehicle to express warranty; presumption

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:

• 1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.
• 2. Le véhicule à moteur est hors service en raison de la réparation pour un total cumulatif de trente jours civils ou plus au cours de la courte de la durée de la garantie, expresse ou période de deux ans ou vingt-quatre mille miles selon la première éventualité.

B. La durée d'une garantie, expresse, la période de deux ans et le délai de trente jours sont prolongées par une période de temps pendant lequel les services de réparation ne sont pas disponibles pour le consommateur, car de toute guerre, invasion, grève, incendie, inondation ou autres ressources naturelles en cas de catastrophe.

C. La présomption prévue au présent article ne s'applique pas contre un fabricant à moins que le fabricant a reçu une notification préalable écrite de direct ou pour le compte du consommateur du défaut allégué et a eu l'occasion de guérir le défaut allégué.

44-1265. Nonlimitation des droits; remboursement ou le remplacement n'est pas nécessaire si certaines procédures pas respectées; les honoraires d'avocat

A. Si un fabricant a mis en place ou participe à une procédure de règlement des différends à l'amiable qui est conforme en tous points à 16 du Code des règlements fédéraux partie 703, section 44-1263 relative à la restitution ou le remplacement ne s'applique pas à un consommateur qui n'a pas d'abord eu recours à une telle procédure.

B. Un consommateur doit entamer une action en vertu du présent article dans les six mois suivant la première des dates d'expiration de la période garantie, expresse ou deux ans ou vingt-quatre thousand miles suivant la date de livraison initiale du véhicule à moteur pour le consommateur, selon la première éventualité . Si un consommateur prévaut dans une action en vertu du présent article, le tribunal lui accorde les frais raisonnables pour les consommateurs et les honoraires d'avocat.

44-1266. Avis aux revendeurs et acheteurs potentiels

A. Un fabricant qui a été ordonnée par un jugement ou un décret pour remplacer ou de rachat d'un véhicule automobile en vertu du présent article ou de la réparer ou de remplacer les lois d'un autre État, avant d'offrir le véhicule à moteur pour la revente, montage sur le véhicule à moteur un avis écrit indiquant le véhicule à moteur a été remplacé ou rachetées. Un consommateur a une cause d'action contre toute personne qui supprime la notification écrite de l'automobile, sous réserve des dispositions du paragraphe B du présent article.

B. Un commerçant de véhicules automobiles, courtier, gros commerçant de véhicules automobiles ou de gros distributeur d'enchères de véhicules automobiles tels que définis à l'article 28-4301 qui offre en vente un véhicule automobile qui a été remplacée ou rachetées en vertu du présent article ou à la réparation ou le remplacement des lois un autre État doit fournir à l'acheteur un avis écrit du fabricant indiquant que le véhicule à moteur a été remplacé ou rachetés avant la fin de la vente.

C. Il constitue un moyen de défense affirmatif dans une action intentée en vertu du paragraphe A du présent article contre un commerçant de véhicules automobiles ou un agent d'un commerçant de véhicules automobiles que la notification visée au paragraphe A du présent article a été retiré par une personne autre que celle du croupier ou de l'agent à l'insu du courtier ou un agent.

Commentaires

Arkansas loi de citron

31 août 2006 à 11:34 am · Classé sous Lemon lois

Les éléments qui sont couverts en vertu de l'Arkansas loi de citron
Véhicules achetés ou loués pour le transport des personnes ou des biens, à l'exclusion des installations de vie d'une maison mobile ou véhicules de plus de £ 10 000, mais les maisons y compris les automobiles. Non compris les motocyclettes et les cyclomoteurs.
Arkansas loi de citron peut s'appliquer si les conditions suivantes soient
1 tentative de réparation d'un défaut qui peut causer la mort ou des blessures graves ou 3 tentatives de réparation, 30 jours de service, ou tente 5 Réparation à des occasions distinctes de réparer les non-conformités qui, ensemble, porter atteinte à l'utilisation et la valeur du véhicule.
Longueur de temps ou de miles devant la loi Arkansas citron s'épuise
2 ans ou 24,000 miles, selon la dernière.

Loi de citron dans l'Arkansas

§ 4-90-401. Titre.

Ce sous-chapitre doit être connue et peut être cité sous le titre "l'Arkansas de véhicules automobiles neufs Loi sur la qualité d'assurance".
Histoire. Actes 1993, n ° 285, § 1; 1993, n ° 297, § 1.

§ 4-90-402. décisions du législateur et de l'intention.

L'Arkansas de l'Assemblée générale reconnaît que le véhicule automobile est une acquisition de grande consommation et un véhicule à moteur défectueux crée sans aucun doute un préjudice pour le consommateur. L'Arkansas de l'Assemblée générale reconnaît en outre qu'un tel concessionnaire dûment véhicule à moteur est un agent de service autorisé du fabricant. Il est l'intention de l'Assemblée générale de l'Arkansas un moteur de bonne foi la garantie du véhicule plainte déposée par un consommateur être résolu par le constructeur dans un délai déterminé. Il est en outre l'intention de l'Assemblée générale de l'Arkansas, prévoit les modalités légales en vertu duquel un consommateur peut recevoir un véhicule à moteur de remplacement ou un remboursement complet, pour un véhicule à moteur qui ne peut être mis en conformité avec la garantie prévue au présent sous-chapitre. Toutefois, rien dans ce sous-chapitre est limite en aucune façon les droits ou les recours qui sont par ailleurs disponibles à un consommateur en vertu de toute autre loi. Histoire. Actes 1993, n ° 285, § 2; 1993, n ° 297, § 2.

§ 4-90-403. Définitions.

Aux fins du présent sous-chapitre, à moins que le contexte ne s'y oppose: (1) e "jour civil» désigne tout jour de la semaine, autre qu'un jour férié; (2) e "frais de garantie» désigne les frais supplémentaires à un consommateur à part entière engagés à la suite de l'acquisition du véhicule à moteur. Aux fins de la présente section, les frais de garantie comprennent, sans s'y limiter, installés par le fabricant ou des articles-agent installé, gagné les frais de financement, les taxes de vente, les frais de titre, et les frais de garanties prolongées fournies par le fabricant, sa filiale, ou agent; (3) e "Condition", un problème général qui peut être attribuable à un défaut de plus d'un (1) partie; (4) "consommateur" désigne l'acheteur ou le locataire, autres que pour fins de location ou de revente , d'un véhicule neuf ou précédemment sans titre à moteur, ou toute autre personne autorisée par les termes de la garantie de faire respecter les obligations de la garantie pendant la durée de la période de véhicule à moteur assurance de la qualité, à condition que l'acheteur a enregistré un titre et le véhicule à moteur tel que prévues par la loi; (5) «frais accessoires» désigne les frais raisonnables engagés par le consommateur, y compris, mais sans s'y limiter, les frais de remorquage et les frais d'obtention d'autres moyens de transport qui sont directement causés par la non-conformité ou de non-conformités qui font l'objet de la demande, mais ne comprend pas la perte d'usage, la perte de revenu, ou personnels réclamations pour blessures; (6) «prix de location» désigne la somme de: (A) Les frais du bailleur d'achat réel; (b) les frais de garantie, le cas échéant; (C) Les indemnités versées à une autre personne pour obtenir le bail; (D) toutes assurances ou d'autres coûts engagés par le bailleur au profit du bail; (E) Un montant égal à l'Etat et des impôts locaux de vente, pas inclus par ailleurs que frais de garantie, payé par le bailleur lorsque le véhicule a été initialement acheté, et (F) Un montant égal à cinq pour cent (5%) du prix du bailleur d'achat réel; (7) «locataire» désigne un consommateur qui loue un véhicule automobile pour un (1) an ou plus en vertu d'un contrat de bail écrit, qui prévoit que le locataire est responsable pour les réparations des véhicules à moteur tels; (8) "locataire" coût moyen du dépôt d'agrégats et les loyers déjà versés au bailleur pour le véhicule loué ; (9) «bailleur» désigne une personne qui détient le titre d'un véhicule automobile loué à un locataire en vertu de la convention de location écrite ou qui détient les droits du bailleur en vertu de cet accord; (10) "fabricant": (A) Toute personne qui est engagé dans une entreprise de construction ou de montage de véhicules automobiles neufs ou d'installer, sur le châssis du véhicule préalablement constitués, des organismes ou des équipements spéciaux qui, une fois installé, font partie intégrante du véhicule automobile neuf, ou (B) Dans le cas des véhicules à moteur ne sont pas fabriqués aux États-Unis, toute personne qui est engagée dans le commerce d'importation de véhicules automobiles neufs aux États-Unis aux fins de vente ou de distribution de véhicules automobiles neufs aux nouveaux concessionnaires de véhicules automobiles; (11) Le terme «automobile» ou «véhicule "désigne tout véhicule automoteur licence, achetés ou loués dans cet état et principalement conçus pour le transport des personnes ou des biens sur la voie publique et les autoroutes, mais n'englobe pas les cyclomoteurs, les motocyclettes, les équipements de vie d'une habitation motorisée, ou véhicules de plus de dix mille livres sterling (10.000 lbs.) poids nominal brut du véhicule. Aux fins de cette définition, la limite de dix mille livres sterling (10.000 lbs.) Poids nominal brut du véhicule ne s'applique pas aux autocaravanes; (12) «véhicule automobile de qualité période d'assurance» désigne une période de temps que: (a) commence: (i) A la date de livraison initiale d'un véhicule automobile, ou (ii) Dans le cas d'un véhicule de remplacement fourni par un fabricant à un consommateur en vertu de ce sous-chapitre, à la date de livraison du véhicule de remplacement pour le consommateur, et (b) se termine vingt-quatre (24) mois après la date de la livraison initiale du véhicule automobile à un consommateur, ou les premières vingt-quatre mille (24.000) miles d'exploitation attribuable à la consommation, si elle est postérieure; (13 ) «Non-conformité» désigne un défaut spécifique ou générique ou d'une condition ou une combinaison simultanée des défauts ou des conditions qui: (A) de diminuer sensiblement l'utilisation à valeur de marché, ou la sécurité d'un véhicule automobile, ou (b) rend le véhicule à moteur non conforme à les conditions de garantie, expresse d'un fabricant applicable ou garantie implicite de qualité marchande; (14) «Personne» désigne toute personne physique, société, firme, corporation, association, coentreprise, fiducie ou autre entité juridique; (15) prix d'achat » signifie le prix au comptant payé pour le véhicule à moteur figurant dans le contrat de vente ou d'un contrat, y compris toute allocation nette pour une véhicule d'échange (16); «véhicule automobile de remplacement» désigne un véhicule à moteur qui est identique ou raisonnablement équivalent sur le véhicule être remplacés, selon le véhicule remplacé existait au moment de l'acquisition initiale, et (17) "garantie" désigne toute garantie écrite délivrée par le fabricant, ou de toute affirmation de fait ou promesse faite par le fabricant, à l'exception des déclarations faites par le concessionnaire, dans le cadre de la vente ou la location d'un véhicule automobile à un consommateur qui a trait à la nature du matériau ou de fabrication et affirme ou promet que ces matières ou de fabrication est exempt de défauts ou répondra à un certain niveau de performance. Histoire. Actes 1993, n ° 285, § 3, 1993, n ° 297, § 3; 1995, n ° 302, § 1.

§ 4-90-404. Avis donné par le consommateur - Divulgation par le fabricant, un agent ou courtier.

(A) (1) Le consommateur doit informer le fabricant d'une demande en vertu du présent sous-chapitre si le constructeur a fait de la divulgation requise au paragraphe (b) du présent article. (2) Toutefois, si le fabricant n'a pas fait la divulgation exigée, le consommateur n'est pas tenu d'aviser le fabricant d'une demande en vertu du présent sous-chapitre. (B) (1) Au moment de l'achat du consommateur ou de location du véhicule, le constructeur, son agent ou un distributeur agréé doit fournir au consommateur une déclaration écrite qui explique les droits du consommateur et obligations en vertu du présent sous-chapitre. (2) La déclaration écrite doit être préparé par la Division de la protection des consommateurs du Bureau du Procureur général et doit inclure le numéro de téléphone de la Division de la protection des consommateurs que le consommateur peut contacter pour obtenir des informations sur ses droits et obligations en vertu du présent sous-chapitre . (3) Pour chaque défaillance du constructeur, son agent ou un distributeur agréé de fournir à un consommateur la déclaration écrite requise en vertu du présent article, le fabricant est responsable de l'État de l'Arkansas pour une sanction civile d'au moins vingt- fivej · une 6 (c) (1) Le fabricant doit indiquer clairement et visiblement communiquer au consommateur, dans la garantie ou le manuel du propriétaire, qu'un avis écrit de la non-conformité est nécessaire avant que l'acheteur peut être admissible à un remboursement ou le remplacement du véhicule . (2) Le fabricant doit fournir au consommateur un avis bien en vue de l'adresse et le numéro de téléphone de sa zone, le district ou le bureau régional de cet état au moment de l'acquisition des véhicules, à laquelle l'acheteur doit envoyer une notification. Histoire. Actes 1993, n ° 285, § 5; 1993, n ° 297, § 5; 1995, n ° 302, § 2.

§ 4-90-405. réparations sous garantie requise.

Si un véhicule à moteur ne sont pas conformes à la garantie et le Consumer Reports la non-conformité au fabricant, son agent ou revendeur autorisé au cours de la période de véhicule à moteur assurance de la qualité, le fabricant, son agent ou revendeur agréé doit effectuer les réparations qui sont nécessaires pour corriger la non-conformité, même si les réparations sont effectuées après l'expiration de la durée de protection. Histoire. Actes 1993, n ° 285, § 4, 1993, n ° 297, § 4.

§ 4-90-406. Ne pas procéder à des réparations nécessaires.

(A) (1) Après trois (3) tentatives ont été faites pour réparer la non-conformité en amoindrit substantiellement la même que le véhicule à moteur, ou après une (1) tenter de réparer un défaut de conformité qui est susceptible de causer la mort ou des blessures graves, la consommateur doit le notifier par écrit, par courrier recommandé ou certifié, le fabricant de la nécessité de réparer le défaut de conformité, afin de permettre au fabricant une dernière tentative pour remédier à la non-conformité. (2) Le fabricant doit, dans les dix (10) jours après réception de la notification, communiquer et à fournir au consommateur la possibilité de faire réparer son véhicule à un atelier de réparation raisonnablement accessibles, et, après la livraison du véhicule à la réparation désigné installation par le consommateur, le fabricant doit, dans les dix (10) jours, le véhicule à moteur conformes à la garantie. (3) Si le fabricant ne parvient pas à communiquer et à fournir au consommateur la possibilité de faire réparer son véhicule à un atelier de réparation raisonnablement accessibles ou ne parvient pas à effectuer les réparations dans les délais prescrits au présent paragraphe, l'exigence selon laquelle le fabricant peut être donné une dernière tentative pour remédier à la non-conformité ne s'applique pas et une présomption nonrebuttable d'un nombre raisonnable de tentatives de réparation se pose. (B) (1) (A) Si le fabricant, son agent ou distributeur agréé ne s'est pas conformée le véhicule automobile à la garantie en réparant ou en corrigeant un (1) ou non-conformités plus que sensiblement altérer le véhicule après un nombre raisonnable de tentatives, le fabricant, dans les quarante (40) jours, sont: (i) Au moment de sa réception du paiement d'une compensation pour l'utilisation raisonnable par le consommateur, de remplacer le véhicule à moteur d'un véhicule automobile de remplacement acceptable pour le consommateur, ou (ii) Rachat du véhicule à moteur de la consommation ou le bailleur et le remboursement pour le consommateur ou le bailleur du prix d'achat total ou le prix de location, moins une compensation pour l'utilisation raisonnable et moins un soutenue raisonnable compenser pour les dommages matériels au véhicule tout sous le contrôle du le consommateur. (B) le remplacement ou le remboursement comprend le paiement de toutes les garanties et raisonnablement engagés les frais accessoires. (2) (A) Le consommateur dispose d'un droit inconditionnel de choisir un remboursement plutôt qu'un remplacement. (B) Au moment de remboursement ou de remplacement, les consommateurs, titulaire de privilège, ou le bailleur doit fournir au fabricant titre clair et la possession du véhicule automobile. (3) Le montant de la compensation pour l'utilisation raisonnable par le consommateur doit être déterminé en multipliant le prix réel du véhicule automobile neuf payé ou à payer par le consommateur, y compris les frais de transport et installés par le fabricant ou Options de l'agent installé, par un fraction ayant pour dénominateur cent vingt mille (120.000) et ayant pour numérateur le nombre de miles parcourus par les véhicules automobiles neufs avant l'heure le premier acheteur du véhicule livré au fabricant, son agent ou distributeur agréé pour la correction des le problème qui a donné lieu à la non-conformité. Histoire. Actes 1993, n ° 285, § 6, 1993, n ° 297, § 6, 1995, n ° 302, § 3.

§ 4-90-407. Les remboursements.

(A) (1) remboursement doit être effectué pour le consommateur et titulaire de privilège de l'enregistrement, le cas échéant, que leurs intérêts peuvent apparaître. (2) Le cas échéant, le remboursement doit être faite au bailleur et le locataire comme suit: (A) Le locataire doit recevoir le coût locataire moins un décalage raisonnable pour l'utilisation, et (B) Le bailleur doit recevoir le prix de location moins le dépôt global et les paiements de location déjà payé au bailleur pour le véhicule loué. (B) Si le constructeur fait un remboursement au bailleur ou le locataire en vertu de ce sous-chapitre, contrat de location du consommateur avec le bailleur doit être résilié moyennant le paiement de la restitution et pas de pénalité pour résiliation anticipée doit être évaluée. (C) Si un véhicule remplacé a été financé par le constructeur, sa filiale, ou de l'agent, le fabricant, filiale ou agent ne peut pas exiger de l'acheteur de conclure un accord de refinancement portant sur un véhicule de remplacement qui créerait aucune obligation financière à l'acheteur au-delà de celles de l'accord de financement initial. Histoire. Actes 1993, n ° 285, § 7, 1993, n ° 297, § 7.

§ 4-90-408. Remboursement des frais de remorquage et de location.

Lorsqu'un véhicule est remplacé ou remboursé au titre du présent sous-chapitre, le constructeur doit rembourser le consommateur pour le remorquage nécessaires et les frais de location engagés en conséquence directe de la non-conformité. Histoire. Actes 1993, n ° 285, § 10; 1993, n ° 297, § 10.

§ 4-90-409. Option pour conserver l'usage du véhicule.

Un consommateur a la possibilité de conserver l'utilisation de tout véhicule restitué en vertu du présent sous-chapitre, jusqu'au moment où le consommateur a été remis un remboursement complet ou un véhicule de remplacement de valeur comparable. Histoire. Actes 1993, n ° 285, § 11; 1993, n ° 297, § 11.

§ 4-90-410. Présomption de tentatives raisonnables de réparation - Prorogation du délai pour la réparation en cas de guerre, invasion, grève, incendie, une inondation ou une catastrophe naturelle.

(A) Une présomption réfragable d'un nombre raisonnable de tentatives de réparation est considéré comme ayant été prises pour corriger une non-conformité si: (1) la non-conformité a été soumis à des réparations prévues au § 4-90-406 (a), mais la non-conformité continue d'exister; (2) Le véhicule est hors service en raison de la réparation, ou tenter de réparer, tout défaut de conformité pour un total cumulatif de trente jours civils (30) ou (3) Il ya eu cinq (5) ou tente plus, à des occasions distinctes, à réparer les non-conformités qui, ensemble, sensiblement en cause l'utilisation et la valeur du véhicule à moteur pour le consommateur. (B) (1) Les trente jours de calendrier (30) dans la subdivision (a) (2) du présent article doit être prolongée par une période de temps pendant lequel les services de réparation ne sont pas disponibles en tant que résultat direct de la guerre, invasion, de grève, incendie, une inondation ou de catastrophe naturelle. (2) Le fabricant, son agent ou revendeur agréé doit fournir ou prendre des dispositions pour la libre utilisation d'un véhicule à un consommateur dont le véhicule est hors service au-delà de trente (30) jours en raison de la réparation retardé en conséquence directe de la guerre , l'invasion, grève, incendie, une inondation ou une catastrophe naturelle. (C) Le fardeau est sur le fabricant de prouver que la raison pour laquelle une prorogation en vertu du paragraphe (b) du présent article est la cause directe de l'échec du fabricant, son agent ou revendeur autorisé de remédier à une non-conformité à l'époque de l'événement. Histoire. Actes 1993, n ° 285, § 12; 1993, n ° 297, § 12.

§ 4-90-411. Diagnostiques ou de réparation - Documentation.

(A) Le fabricant, son agent ou distributeur agréé ne peut refuser de diagnostiquer ou de réparer tous les véhicules dans le but d'éviter la responsabilité en vertu du présent sous-chapitre. (B) (1) Un fabricant, son agent ou concessionnaire autorisé doit fournir au consommateur un ordre de réparation écrit chaque fois que le véhicule du client est engagée dans un examen ou réparation. (2) La demande de réparation doit indiquer tous les travaux effectués sur le véhicule, y compris l'examen du véhicule, des pièces et main-d'œuvre. Histoire. Actes 1993, n ° 285, § 13; 1993, n ° 297, § 13.

§ 4-90-412. Revente de retour non conforme véhicule.

If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer and a consumer that occurs after a consumer complaint has been investigated and evaluated pursuant to this subchapter or a similar law of another state, the motor vehicle may not be resold in Arkansas unless: (1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever occurs first; and (2) The manufacturer provides a written disclosure, signed by the consumer, indicating that the vehicle was returned to the manufacturer because of a nonconformity not cured within a reasonable time as provided by Arkansas law. Histoire. Acts 1993, No. 285, § 14; 1993, No. 297, § 14.

§ 4-90-413. Affirmative defenses.

It is an affirmative defense to any claim under this subchapter that: (1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; (2) The nonconformity, defect, or condition is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by persons other than the manufacturer, its agent, or authorized dealer; (3) The claim by the consumer was not filed in good faith; or (4) Any other defense allowed by law that may be raised against the claim. Histoire. Acts 1993, No. 285, § 15; 1993, No. 297, § 15.

§ 4-90-414. Informal proceeding as precedent.

(a)(1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state, shall operate, or participate in, an informal dispute settlement proceeding located in the State of Arkansas which complies with the requirements of this section. (2) The provisions of § 4-90-406(b)(1) and (2) concerning refunds or replacement do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal procedure. (3)(A) The consumer shall receive adequate written notice from the manufacturer of the existence of the procedure. (B) Adequate written notice may include the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the motor vehicle does not conform. (b) The informal dispute procedure must be certified by the Consumer Protection Division of the Office of the Attorney General as meeting the following criteria: (1) The informal dispute procedure must comply with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in 16 CFR § 703.1 et seq., as in effect on the date of adoption of this subchapter, unless any provision of 16 CFR § 703.1 et seq. is in conflict with this subchapter, in which case the provisions of this subchapter shall govern; (2) The informal dispute procedure must prescribe a reasonable time, not to exceed thirty (30) days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions; (3)(A) No documents shall be received by any informal dispute procedure unless those documents have been provided to each of the parties in the dispute at or prior to the proceeding, with an opportunity for the parties to comment on the documents either in writing or orally. (B) If a consumer is present during the informal dispute proceeding, the consumer may request postponement of the proceeding meeting to allow sufficient time to review any documents presented at the time of the meeting which had not been presented to the consumer prior to the time of the meeting; (4)(A) The informal dispute procedure shall allow each party to appear and make an oral presentation within the State of Arkansas unless the consumer agrees to submit the dispute for decision on the basis of documents alone or by telephone, or unless the party fails to appear for an oral presentation after reasonable prior written notice. (B) If the consumer agrees to submit the dispute for decision on the basis of documents alone, then the manufacturer or dealer representatives may not participate in the discussion or decision of the dispute; (5) Consumers shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the vehicle by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing; (6) A consumer may not be charged with a fee to participate in an informal dispute procedure; and (7) Any party to the dispute has the right to be represented by an attorney in an informal dispute proceeding. (c)(1)(A) The informal dispute procedure shall annually submit a pool of not less than six (6) members who are appointed with the advice and consent of the Consumer Protection Division of the Office of the Attorney General. (B) Selected strictly by rotation, one (1) member shall hear disputes scheduled for a particular session unless the consumer requests a panel of three (3) members, in which case three (3) members shall hear disputes scheduled for a particular three-member session. (C) If the informal dispute procedure deems it appropriate to require the services of an independent investigator, such investigator shall be selected from a pool of not less than four (4) members who are appointed annually with the advice and consent of the Consumer Protection Division of the Office of the Attorney General and from which the particular investigator shall be selected strictly by rotation. (2) Upon notification to the administrator of any informal dispute procedure that a determination has been made by the Consumer Protection Division of the Office of the Attorney General that a member of any pool is not conforming to standards of fairness and impartiality, that member shall be immediately removed from the pool. Histoire. Acts 1993, No. 285, § 16; 1993, No. 297, § 16.

§ 4-90-415. Enforcement – Exclusivity – Costs and expenses.

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law. (c) A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action. Histoire. Acts 1993, No. 285, §§ 17-19; 1993, No. 297, §§ 17-19.

§ 4-90-416. Time limitation for commencement of action.

(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. (b) When the buyer has commenced an informal dispute settlement procedure described in § 4-90-414, the two-year period specified in subsection (a) of this section begins to run at the time the informal dispute settlement procedure is being commenced. Histoire. Acts 1993, No. 285, § 20; 1993, No. 297, § 20.

§ 4-90-417. Deceptive trade practices.

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq. Histoire. Acts 1993, No. 285, § 21; 1993, No. 297, § 21.

Commentaires

Californie loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under California Lemon Law
Vehicles used primarily for personal, family, or household purposes, excluding motorcycles, portions of motor homes used primarily for habitation, or off-road vehicles. Includes the chassis, chassis cab and that portion of a motor home devoted to its popu
California Lemon Law may apply if the following has occurred
2 repair attempts for a defect that may cause death or serious injury or 4 repair attempts or 30 calendar days out of service
Length of time or miles before the California Lemon Law runs out
18 months – 18,000 miles which ever occurs first.

Lemon Law in California

1793,22. (a) This section shall be known and may be cited as the Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within one year from delivery to the buyer or 12,000 miles on the odometer of the vehicle, whichever occurs first, either (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity or (2) the vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraph (1). This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by he buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.
(c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer's rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.
(d) A qualified third-party dispute resolution process shall be one that does all of the following:
(1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.
(2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
(5) Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2.
(6) Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
(7) Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
(8) Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute.
(9) Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.
(e) For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:
(1) “Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.
(2) “New motor vehicle” means a new motor vehicle which is used or bought for use primarily for personal, family, or household purposes. “New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer's new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A “demonstrator” is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.
(3) “Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
(f) (1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
(2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.

Commentaires

Colorado loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Colorado Lemon Law
Private passenger motor vehicles, normally used for personal, family or household purposes, and used to carry not more than 10 persons, sold within the state, including pickups, vans; excluding motor homes and motorcycles.
Colorado Lemon Law may apply if the following has occurred
4 repair attempts – 30 business days out of service
Length of time or miles before the Colorado Lemon Law runs out
période de garantie, expresse ou 1 an, selon la première éventualité.

Lemon Law in Colorado

42-10-101

Definitions. As used in this article, unless the context otherwise requires:

(1) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) “Motor vehicle” means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section 42-1-102 (57) or vehicles designed to travel on three or fewer wheels in contact with the ground.

(3) “Warranty” means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

42-10-102

Repairs to conform vehicle to warranty.

If a motor vehicle does not conform to a warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of such warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.

42-10-103

Failure to conform vehicle to warranty – replacement or return of vehicle.

(1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to the warranty by repairing or correcting the defect or condition which substantially impairs the use and market value of such motor vehicle after a reasonable number of attempts, the manufacturer shall, at its option, replace the motor vehicle with a comparable motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including the sales tax, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the motor vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous consumer prior to the consumer's first written report of the nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

(2) (a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if:

• (I) The same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date, but such nonconformity continues to exist; or
• (II) The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more business days of the repairer during the term specified in subparagraph (I) of this paragraph (a) or during the period specified in said subparagraph (I), whichever is the earlier date.

(b) For the purposes of this subsection (2), the term of a warranty, the one-year period, and the thirty-day 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.

(c) In no event shall a presumption under paragraph (a) of this subsection (2) apply against a manufacturer unless the manufacturer has received prior written notification by certified mail from or on behalf of the consumer and has been provided an opportunity to cure the defect alleged. Such defect shall count as one nonconformity subject to repair under subparagraph (I) of paragraph (a) of this subsection (2).

(d) Every authorized motor vehicle dealer shall include a form, containing the manufacturer's name and business address, with each motor vehicle owner's manual on which the consumer may give written notification of any defect, as such notification is required by paragraph (c) of this subsection (2), and the form shall clearly and conspicuously disclose that written notification by certified mail of the nonconformity is required, in order for the consumer to obtain remedies under this article.

(3) The court shall award reasonable attorney fees to the prevailing side in any action brought to enforce the provisions of this article.

42-10-104

Affirmative defenses.

(1) It shall be an affirmative defense to any claim under this article that:

• (a) An alleged nonconformity does not substantially impair the use and market value of a motor vehicle; or
• (b) A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.

42-10-105

Limitations on other rights and remedies. Nothing in this article shall in any way limit the rights or remedies which are otherwise available to a consumer under any other state law or any federal law. Nothing in this article shall affect the other rights and duties between the consumer and a seller, lessor, or lienholder of a motor vehicle or the rights between any of them. Nothing in this article shall be construed as imposing a liability on any authorized dealer with respect to a manufacturer or creating a cause of action by a manufacturer against its authorized dealer; except that failure by an authorized dealer to properly prepare a motor vehicle for sale, to properly install options on a motor vehicle, or to properly make repairs on a motor vehicle, when such preparation, installation, or repairs would have prevented or cured a nonconformity, shall be actionable by the manufacturer.

42-10-106

Applicability of federal procedures.

If a manufacturer has established or participates in an informal dispute settlement procedure which substantially complies with the provisions of part 703 of title 16 of the code of federal regulations, as from time to time amended, the provisions of section 42-10-103 (1) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

42-10-107

Statute of limitations.

Any action brought to enforce the provisions of this article shall be commenced within six months following the expiration date of any warranty term or within one year following the date of the original delivery of a motor vehicle to a consumer, whichever is the earlier date; except that the statute of limitations shall be tolled during the period the consumer has submitted to arbitration under section 42-10-106.

Commentaires

Connecticut loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Connecticut Lemon Law
Passenger and commercial motor vehicles sold or leased within the state. Excludes agricultural tractors. (M)
Connecticut Lemon Law may apply if the following has occurred
4 repair attempts or 30 calendar days out of service. 2 repair attempts if serious safety hazard.
Length of time or miles before the Connecticut Lemon Law runs out
2 years or 18,000 miles, whichever period occurs first.

Lemon Law in Connecticut

CHAPTER 743b* NEW AUTOMOBILE WARRANTIES

Sec. 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 lienholder, 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 lienholder 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.

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

History: PA 83-351 amended Subsec. (a) to provide that the definitions therein also apply to Sec. 42-180; PA 83-458 amended Subsec. (c) by prohibiting manufacturers from holding dealers liable for refunds or vehicle replacements under certain circumstances; PA 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; PA 84-429 made technical changes for statutory consistency; PA 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; PA 85-613 made technical changes in Subsec. (e); PA 87-342 extended the provisions of the section to leased vehicles, removed obsolete language and made technical changes; PA 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; PA 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; PA 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; PA 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.

(PA 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.

(PA 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.

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

Sec. 42-181. Department arbitration procedure.

Records. Appeals.
(a) The Department of Consumer Protection, shall provide an independent arbitration procedure for the settlement of 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 shall establish one or more automobile dispute settlement panels which shall consist of three members appointed by the Commissioner of Consumer Protection, only one of whom may be directly involved in the manufacture, distribution, sale or service of any product. Members shall be persons interested in consumer disputes and shall serve without compensation for terms of two years at the discretion of the commissioner. In lieu 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.

(b) If any motor vehicle purchased at any time on or after October 1, 1984, or leased at any time on or after June 17, 1987, fails to conform to such applicable warranties as defined in said section 42-179, a consumer may bring a grievance to an arbitration panel if the manufacturer of the vehicle has not established an informal dispute settlement procedure which the Attorney General has certified as complying in all respects with the requirements of said section 42-179. The consumer may initiate a request for arbitration by calling a toll-free telephone number designated by the commissioner or by requesting an arbitration hearing in writing. The consumer shall file, on forms prescribed by the commissioner, any information deemed relevant to the resolution of the dispute and shall return the form accompanied by a filing fee of fifty dollars. Such complaint form shall offer the consumer a choice of presenting any subsequent testimony orally or in writing. Prior to submitting the complaint to an arbitration panel, the Department of Consumer Protection shall conduct an initial review of the complaint. The department shall determine whether the complaint should be accepted or rejected for arbitration based on whether it alleges that the manufacturer has failed to comply with section 42-179. 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. Upon acceptance of the complaint, the commissioner shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, in writing on a form prescribed by the commissioner, any information deemed relevant to the resolution of the dispute. The manufacturer shall return the form within fifteen days of receipt, together with a filing fee of two hundred fifty dollars. A lessee who brings a grievance to an arbitration panel under this section shall, upon filing the complaint form provided for in this section, provide the lessor with notice by registered or certified mail, return receipt requested, and the lessor may petition the arbitration panel to be made a party to the arbitration proceedings. Initial determinations to reject a complaint for arbitration shall be submitted to an arbitration panel for a final decision upon receipt of a written request from the consumer for a review of the initial eligibility determination and a filing fee of fifty dollars. If a complaint is accepted for arbitration, an arbitration panel may determine that a complaint does not allege that the manufacturer has failed to comply with section 42-179 at any time before such panel renders its decision on the merits of the dispute. The fee accompanying the consumer's complaint form shall be refunded to the consumer and the fee accompanying the form filed by the manufacturer shall be refunded to the manufacturer if the arbitration panel determines that a complaint does not allege a violation of the provisions of section 42-179.

(c) 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 therefor 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, but not limited to one or more of the following: (1) Replacement of the vehicle with an identical or comparable new vehicle acceptable to the consumer; (2) Refund of the full contract price, plus collateral charges as specified in subsection (d) of said section 42-179; (3) Reimbursement for expenses and compensation for incidental damages as specified in subsection (d) of said section 42-179; (4) Any other remedies available under the applicable warranties, section 42-179, this section and sections 42-182 to 42-184, inclusive, or the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, 88 Stat. 2183 (1975), 15 USC 2301 et seq., as in effect on October 1, 1982, other than repair of the vehicle. The decision shall specify a date for performance and completion of all awarded remedies. Notwithstanding any provision of the general statutes or any regulation to the contrary, the Department of Consumer Protection shall not amend, reverse, rescind or revoke any decision or action of an arbitration panel. The department shall contact the consumer, within ten working days after the date for performance, to determine whether performance has occurred. The manufacturer shall act in good faith in abiding by any arbitration decision. In addition, either party to the arbitration may make application to the superior court for the judicial district in which one of the parties resides or, when the court is not in session, any judge thereof for an order confirming, vacating, modifying or correcting any award, in accordance with the provisions of this section and sections 52-417, 52-418, 52-419 and 52-420. Upon filing such application the moving party shall mail a copy of the application to the Attorney General and, upon entry of any judgment or decree, shall mail a copy of such judgment or decree to the Attorney General. A review of such application shall be confined to the record of the proceedings before the arbitration panel. The court shall conduct a de novo review of the questions of law raised in the application. In addition to the grounds set forth in sections 52-418 and 52-419, the court shall consider questions of fact raised in the application. In reviewing questions of fact, the court shall uphold the award unless it determines that the factual findings of the arbitrators are not supported by substantial evidence in the record and that the substantial rights of the moving party have been prejudiced. If the arbitrators fail to state findings or reasons for the award, or the stated findings or reasons are inadequate, the court shall search the record to determine whether a basis exists to uphold the award. If it is determined by the court that the manufacturer has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the consumer his costs and reasonable attorney's fees. If the manufacturer fails to perform all awarded remedies by the date for performance specified by the arbitrators, and the enforcement of the award has not been stayed pursuant to subsection (c) of section 52-420, then each additional day the manufacturer wilfully fails to comply shall be deemed a separate violation for purposes of section 42-184.

(d) The department shall maintain such records of each dispute as the commissioner may require, including an index of disputes by brand name and model. The department shall annually compile and maintain statistics indicating the record of manufacturer compliance with arbitration decisions and the number of refunds or replacements awarded. 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.

(e) 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.

(f) 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.

(g) 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.

(PA 84-338, S. 1; PA 85-331, S. 2, 6; PA 87-342, S. 3, 5; 87-522, S. 3, 6; PA 89-173, S. 3, 7; PA 90-8, S. 1, 2; PA 96-259, S. 1.) History: PA 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; PA 87-342 amended Subsec. (b) by extending the provisions of the section to leased vehicles; PA 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; PA 89-173 amended Subdiv. (4) of Subsec. (c) to exclude repair from the list of remedies; PA 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; PA 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.

Sec. 42-182. Certification of manufacturer's informal dispute settlement procedures.

(a) The Attorney General shall prepare an annual report evaluating the operation of informal dispute settlement procedures established by manufacturers of new motor vehicles and shall issue a certificate of approval to those manufacturers whose settlement procedures comply 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 this section. The report and certification shall be public records. The Attorney General or an agent authorized by him may conduct any inquiry or investigation in connection with the certification or evaluation of a 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, administer oaths, examine witnesses, receive oral and documentary evidence and issue written interrogatories prescribing a return date which would allow a reasonable time to respond, which responses shall be under oath. Service of subpoenas compelling testimony or the production of documents and written interrogatories as provided herein, may be made by (1) personal service or service at the usual place of abode; or (2) registered or certified mail, return receipt requested, a duly executed copy of which shall be addressed to the person to be served at his principal place of business in this state, or, if said person has no principal place of business in this state, to his principal office or to his residence. In the event that any person shall fail to comply with a subpoena or with interrogatories issued pursuant to this section, the Attorney General or an agent authorized by him may apply to the superior court for the judicial district of Hartford-New Britain* for compliance, which court may, upon notice to such person, issue an order requiring such compliance, which shall be served upon such person. Hearings under this subsection shall be held in the manner provided for contested cases under sections 4-176e to 4-181a, inclusive, except that no informal disposition may be made by stipulation, agreed settlement, consent order or default, in any proceeding concerning the certification of an automobile manufacturer's informal dispute settlement procedure unless such proceeding is open to the public in accordance with the provisions of section 1-21. The Attorney General, after notice and hearing, may suspend or revoke the certification of an automobile manufacturer's informal dispute settlement procedure which violates the provisions of subsection (b) of this section or the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982. Any person aggrieved by a decision of the Attorney General or his authorized agent, may appeal in accordance with the provisions of sections 4-183 and 4-184. Section 4-184a shall be applicable to such appeals. Hearings, meetings and conferences, except telephone conversations, relating to evaluation and certification shall be open to the public in accordance with the provisions of section 1-21. If the Attorney General certifies a manufacturer's informal dispute settlement procedure, the provisions of subsection (d) of section 42-179 concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure. A copy of the Attorney General's report and certification shall be forwarded by the Attorney General to the Commissioner of Motor Vehicles, who may consider such report and certification in determining the fitness of an applicant for a manufacturer's license to engage in business as a manufacturer of motor vehicles for sale in this state, as provided for in section 14-67a. (b) A manufacturer's informal dispute procedure shall not include any practices which: (1) Delay a decision in any dispute beyond sixty days after the date on which the consumer initially resorts to the informal dispute settlement procedure either by a telephone call or by written notification that a dispute exists; (2) delay performance of remedies awarded in a settlement beyond ten days after receipt of notice of the consumer's acceptance of the decision, except that a manufacturer may have thirty days following the date of such receipt to deliver a replacement of a motor vehicle acceptable to the consumer or to refund the full contract price of the vehicle together with all collateral charges, and all consequential and incidental damages as defined in said section 42-179; (3) 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; (4) 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 (A) repair, replacement and refund, (B) reimbursement for expenses and collateral charges, (C) compensation for consequential and incidental damages as defined in said section 42-179 and (D) any other remedies available under applicable express or implied warranties; (5) require the consumer to take any action or assume any obligation not specifically authorized under the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982; or (6) fail to conform to all applicable standards and requirements of this chapter in the processing of consumer complaints.

(c) Any manufacturer operating or participating in an informal dispute settlement procedure for resolving disputes with consumers in this state shall be required to maintain records which indicate the number of: (1) Vehicles sold in this state during the reporting period; (2) telephone and written requests from consumers to enter the dispute resolution program; (3) requests rejected as ineligible for the program; (4) requests accepted for resolution by the program; (5) 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; (6) 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; (7) cases in which a decision was reached, the time period for compliance has expired and the manufacturer has not complied with such decision; (8) cases in which a decision was reached and the time period for compliance has not yet expired; (9) cases in which a decision awarded no relief to the consumer; (10) cases in which a decision awarded the consumer further repair or extended warranty; (11) cases in which a decision required the manufacturer to accept the return of the vehicle and a refund was issued to the consumer; (12) cases in which a decision required the manufacturer to accept the return of the vehicle and a replacement vehicle was provided to the consumer; (13) cases in which a decision is pending; (14) cases in which the consumer accepted the decision; (15) cases in which the consumer rejected the decision; (16) cases resolved by predecision settlement.

(PA 84-338, S. 2, 8; PA 85-331, S. 3, 6; PA 87-522, S. 5, 6; PA 88-230, S. 1, 12; 88-317, S. 94, 107; PA 90-98, S. 1, 2; PA 93-142, S. 4, 7, 8; PA 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: PA 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; PA 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; PA 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; PA 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; PA 90-98 changed the effective date of PA 88-230 from September 1, 1991, to September 1, 1993; PA 93-142 changed the effective date of PA 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; PA 95-220 changed the effective date of PA 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.

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.

(PA 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.

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.

(PA 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.

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.

(PA 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.

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.

(PA 87-342, S. 4, 5.)

CHAPTER 743f* USED AUTOMOBILE WARRANTIES

*See also chapter 743b (Sec. 42-179 et seq.) re new automobile warranties. See also chapter 743g (Sec. 42-227 et seq.) re automobile manufacturers' warranty adjustment programs. Used automobile warranties act cited. 31 CA 634, 635.

Sec. 42-220. Definitions.

As used in sections 42-220 to 42-226, inclusive: (1) “Dealer” means any person, firm or corporation licensed pursuant to section 14-52, as a new car dealer or a used car dealer, as defined in section 14-51, or any person, firm or corporation licensed pursuant to section 14-15 which engages in the business of selling a used motor vehicle to a consumer; (2) “Motor vehicle” means a motor vehicle, as defined in subdivision (30) of section 14-1; (3) “Used motor vehicle” means a used or secondhand motor vehicle, as defined in subdivision (62) of section 14-1; (4) “Cash purchase price” means all amounts charged for the purchase of a motor vehicle, including the value of a trade-in vehicle, except a finance charge; and (5) “Consumer” means the purchaser, other than for purposes of resale, of a used motor vehicle normally used for personal, family or household purposes, and the spouse or child of the purchaser if such motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. “Consumer” does not mean the lessee of a motor vehicle or the spouse, child or other family member of the lessee who, pursuant to a lease contract option, purchases such vehicle at the end of the lease term.

(PA 87-393, S. 1; PA 92-20, S. 1, 2; PA 95-121, S. 1, 2.) History: PA 92-20 amended Subdiv. (5) to provide the term “consumer” does not include the lessee of a motor vehicle who, pursuant to a lease contract option, purchases such vehicle at the end of the lease term; PA 95-121 redefined “dealer” to include leasing companies which engage in business of selling a used motor vehicle to a consumer and redefined “consumer” to specifically include the spouse, child or other family member of lessee who purchases such vehicle at the end of the lease term, effective July 1, 1995. Cited. 31 CA 634, 641.

Sec. 42-221. Implied warranties.

Express warranties. Exemptions. Waiver.
(a) A dealer selling a used motor vehicle which has a cash purchase price of three thousand dollars or more shall not exclude, modify, disclaim or limit implied warranties on the motor vehicle.

(b) Each contract entered into by a dealer for the sale to a consumer of a used motor vehicle which has a cash purchase price of three thousand dollars or more but less than five thousand dollars, shall include an express warranty, covering the full cost of both parts and labor, that the vehicle is mechanically operational and sound and will remain so for at least thirty days or one thousand five hundred miles of operation, whichever period ends first, in the absence of damage resulting from an automobile accident or from misuse of the vehicle by the consumer. Each contract entered into by a dealer for the sale of a used motor vehicle which has a cash purchase price of five thousand dollars or more shall include an express warranty, covering the full cost of both parts and labor, that the vehicle is mechanically operational and sound and will remain so for at least sixty days or three thousand miles of operation, whichever period ends first, in the absence of damage resulting from an automobile accident or from misuse of the vehicle 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.

(c) The provisions of this section shall not apply to: (1) The sale of a used motor vehicle having a cash purchase price of less than three thousand dollars; (2) the sale of such motor vehicles between dealers; or (3) the sale of a used motor vehicle which is seven years of age or older, which age shall be calculated from the first day in January of the designated model year of such vehicle.

(d) The consumer may waive a warranty required pursuant to this section 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: (1) Is in writing; (2) is conspicuous, as defined in subdivision (10) of section 42a-1-201 and is in plain language; (3) identifies the particular disclosed defect in the vehicle for which such warranty is to be waived; (4) states what warranty, if any, shall apply to such disclosed defect; and (5) is signed by both the customer and the dealer prior to sale.

(PA 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 shall honor any warranty required by sections 42-220 to 42-226, inclusive, notwithstanding the fact that 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.

(PA 87-393, S. 3.)

Sec. 42-223. Extensions of warranty period.

Voidable agreements.
(a) The term of any warranty required under the provisions of sections 42-220 to 42-226, inclusive, shall be extended by any time period during which the used motor vehicle is in the possession of the dealer or his duly authorized agent for the purpose of repairing the used motor vehicle under the terms and obligations of said warranty.

(b) The term of any such warranty shall be extended by any time during which repair services are not available to the consumer because of a war, invasion or strike, fire, flood or other natural disaster.

(c) 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.

(d) Nothing in sections 42-220 to 42-226, inclusive, shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(PA 87-393, S. 4.) Sec. 42-224. “As is” sales.

Déni de responsabilité.
(a) A used motor vehicle may be sold “as is” by a dealer only if its cash purchase price is less than three thousand dollars or if such used motor vehicle is seven years of age or older, which age shall be calculated from the first day in January of the designated model year of such vehicle.

(b) No “as is” disclaimer by a dealer shall be enforceable unless all of the following conditions are met: (1) A disclaimer shall appear on the front page of the contract of sale, which shall read as follows: “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. (2) The text of the disclaimer shall be printed in twelve-point boldface type, except the heading shall be in sixteen-point extra boldface type. The entire notice shall be boxed. (3) The consumer shall indicate his assent to the disclaimer by signing his name within the box containing the disclaimer.

(c) An “as is” sale of a used motor vehicle waives implied warranties 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.

(d) Nothing in sections 42-220 to 42-226, inclusive, shall be construed to limit the effect of any other requirements of law or of any representations on a certificate of title that the vehicle is in suitable condition for legal operation on the highways of this state.

(PA 87-393, S. 5.)

Sec. 42-225. Deceptive statements.

Motor vehicle declared constructive total loss. Disclosure required. Promise to repair.
(a) No dealer may make any false, misleading or deceptive statements about the condition or history of any used motor vehicle offered for sale.

(b) 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: (1) The certificate of title of such vehicle is stamped “totalled”, “salvaged” or with a comparable designation; (2) the bill of sale of such vehicle states such vehicle has been declared a constructive total loss, as defined in section 38a-353; or (3) 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.

(c) If a dealer promises that any repairs will be made or any conditions corrected in connection with the purchase of a used motor vehicle, he shall list such repairs in writing, attach a copy of such list to the contract and incorporate such list into the contract.

(PA 87-393, S. 6; PA 93-397, S. 1.) History: PA 93-397 inserted new Subsec. (b) requiring dealers to disclose to a customer if a motor vehicle has been declared a constructive total loss, relettering former Subsec. (b) as (c). Subsec. (a): Cited. 33 CA 575, 588.

Sec. 42-226. Independent inspection.

No dealer may refuse any consumer the opportunity to have an independent inspection of any used motor vehicle offered for sale. If the consumer requests an inspection it shall be conducted by a person chosen by the consumer, but the dealer may establish reasonable conditions regarding the place, time and extent of the inspection.

(PA 87-393, S. 7.)

Sec. 42-226a. Penalty.

Any dealer who violates any of the provisions of sections 42-221 to 42-226, inclusive, shall be subject to the penalties provided in section 14-64.

(PA 93-397, S. 3.)

Commentaires

Delaware loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Delaware Lemon Law
Passenger motor vehicles, except motorcycles and living facilities of motor homes, bought, leased or registered in the state.
Delaware Lemon Law may apply if the following has occurred
4 repair attempts or 30 business days out of service.
Length of time or miles before the Delaware Lemon Law runs out
Express warranty period of 1 year, whichever occurs first.

Lemon Law in Delaware

§ 5001. Definitions. As used in this chapter:
(1) “Consumer” means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
(2) “Dealer” means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business.
(3) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles.
(4) “Manufacturer's express warranty” or “warranty” means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(5) “Automobile” means any passenger motor vehicle, except motorcycles, which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Public Safety except the living facilities of motor homes.
(6) “Nonconformity” means a defect or condition which substantially impairs the use, value or safety of an automobile.
(7) “Lien” means a security interest in an automobile.
(8) “Lienholder” means a person with a security interest in an automobile pursuant to a lien.
(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 1.) § 5002. Duty to repair nonconforming automobiles.

If a new automobile does not conform to the manufacturer's express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period.

(64 Del. Laws, c. 173, § 1.) § 5003. Remedies upon failure to repair.

(a) If the manufacturer, its agent or its authorized dealer does not conform the automobile to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer shall either replace the automobile with a comparable new automobile acceptable to the consumer or repurchase the automobile from the consumer and refund to the consumer the full purchase, including all credits and allowances for any trade-in vehicle; provided, however, that the consumer shall have the unqualified right to decline a replacement automobile and to demand instead a repurchase.
(b) In instances in which an automobile is replaced by a manufacturer under this section, said manufacturer shall accept return of the automobile and reimburse the consumer for any incidental costs, including dealer preparation fees, fees for transfer of registration, sales taxes or other charges or fees incurred by the consumer as a result of such replacement. In instances in which an automobile which was financed by the manufacturer or its subsidiary or agent is replaced under this section, said manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement for a replacement automobile which would create any financial obligations upon such consumer beyond those created by the original financing agreement.
(c) In instances in which a refund is tendered under this section, the manufacturer shall accept return of the automobile from the consumer and shall reimburse the consumer for related purchase costs, including sales taxes, registration fees and dealer preparation fees, less:

(1) A reasonable allowance for the consumer's use of the automobile, not to exceed the full purchase price of the automobile multiplied by a fraction which consists of the number of miles driven before the consumer first reported the nonconformity to the manufacturer, its agent or dealer divided by 100,000 miles; and
(2) A reasonable allowance for damage not attributable to normal wear and tear, but not to include damage resulting from a nonconformity.

(d) Refunds shall be made to the consumer, and lienholder, if any, as their interests may appear.
(e) No authorized dealer shall be held liable by the manufacturer for any refunds or automobile replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturer's instructions.
(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 3.) § 5004. Presumptions.

(a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a new automobile to the manufacturer's express warranty if, within the warranty term or during the period of 1 year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:

(1) Substantially the same nonconformity has been subject to repair or correction 4 or more times by the manufacturer, its agents or its dealers and the nonconformity continues to exist; or
(2) The automobile is out of service by reason of repair or correction of a nonconformity by the manufacturer, its agents or its dealers for a cumulative total of more than 30 calendar days since the original delivery of the motor vehicle to the consumer. This 30-day limit shall commence with the first day on which the consumer presents the automobile to the manufacturer, its agent or dealer for service of the nonconformity and a written document describing the nonconformity is prepared by the manufacturer, its agent or dealer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer, its agents or its dealers, including war, invasion, strike, fire, flood or other natural disaster.

(b) The presumption provided in this section shall not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair or correct the nonconformity; provided, however, that if the manufacturer does not directly attempt or arrange with its dealer or agent to repair or correct the nonconformity, the manufacturer may not defend a claim by a consumer under this chapter on the ground that the agent or dealer failed to properly repair or correct the nonconformity or that the repairs or corrections made by the agent or dealer caused or contributed to the nonconformity.(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 4.) § 5005. Costs and attorney's fees in breach of warranty actions.

In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer's agent or authorized dealer, based upon the alleged breach of an express warranty made in connection with the sale of such automobile, 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 is brought in bad faith or is frivolous in nature, may award reasonable attorney's fees to the defendant.

(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 5.) § 5006. Affirmative defense to claim.

It shall be an affirmative defense to a claim under this chapter that the alleged nonconformity does not substantially impair the use, value or safety of the new automobile or that the nonconformity is the result of abuse or neglect or of unauthorized modifications or alterations of the new automobile by anyone other than the manufacturer, its agent or dealer.

(64 Del. Laws, c. 173, § 1.) § 5007. Informal dispute settlement procedure.

(a) If a manufacturer has established an informal settlement procedure that has a certificate of approval by the Division of Consumer Protection, the remedies provided by this chapter shall not be available to any consumer who has not first resorted to such procedure. In the event a manufacturer's informal dispute settlement procedure does not have a certificate of approval from the Division of Consumer Protection, a consumer may immediately and directly seek the remedies provided by this chapter.
(b) The Division of Consumer Protection shall annually evaluate the operation of informal dispute settlement procedures established by manufacturers and shall issue an annual certificate of approval to those manufacturers whose procedures comply with Title 16, Code of Federal Regulations, Part 703 and with subsections (c), (d) and (e) of this section. The Division of Consumer Protection shall suspend the certification of, or decertify, any informal dispute settlement which no longer complies with said provisions.
(c) Any manufacturer who has established an informal settlement procedure shall file with the Division of Consumer Protection a copy of each decision of the informal dispute settlement procedure within 30 days after the decision is rendered.
(d) In order to obtain the certification of the Division of Consumer Protection, a manufacturer's informal dispute settlement procedure shall not convene any informal dispute settlement hearing or meeting outside the State and shall refrain from any practices which:

(1) Delay a decision in any dispute beyond 65 days after the date on which the consumer initially resorts to the informal dispute settlement procedure by written notification that a dispute exists; or
(2) Delay performance of remedies awarded in a settlement beyond 30 days after receipt of notice of the consumer's acceptance of the decision; provided, however, that such time limits shall not include periods of time when the consumer or the consumer's car is unavailable for the remedies specified in the settlement; or
(3) Require the consumer to make the automobile available more than once for inspection by a manufacturer's representative or more than once for repair of the same nonconformity; or
(4) Fail to consider in decisions any remedies provided by this chapter, such remedies to include:
a. Repair, replacement and refund;
b. Reimbursement for related purchase costs; or

(5) Require the consumer to take any action or assume any obligation not specifically authorized under the provisions of Title 16, Code of Federal Regulations, Part 703.

(e) A manufacturer desiring annual certification of an informal dispute settlement procedure shall make application to the Division of Consumer Protection on forms developed by, and shall provide such information as required by, the Division of Consumer Protection.
(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 6; 69 Del. Laws, c. 291, § 98(c).) § 5008. Remedies cumulative.

Nothing in this chapter shall in any way limit the rights or remedies available to a consumer under Subtitle I of this title.

(64 Del. Laws, c. 173, § 1.) § 5009. Enforcement.

In addition to any remedies the consumer may have at law or in equity, a violation of this chapter shall be an unlawful practice as defined in § 2513 of this title. The Division of Consumer Protection shall promulgate rules and regulations in order to implement the purposes of this chapter.

(64 Del. Laws, c. 173, § 1; 66 Del. Laws, c. 36, § 7; 69 Del. Laws, c. 291, § 98(c).)

Commentaires

Florida Lemon Law

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Florida Lemon Law
Vehicles sold, transferred or leased , in the state, and used primarily for personal, family or household purposes, excluding off-road vehicles, mopeds, trucks over 10,000 lbs., the living facilities of recreation vehicles, and motorcycles.
Florida Lemon Law may apply if the following has occurred
3 repair attempts – 30 calendar days out of service
Length of time or miles before the Florida Lemon Law runs out
18 months or 24,000 miles, whichever occurs first.

Lemon Law in Florida

681.10 Short title.

This chapter shall be known and may be cited as the “Motor Vehicle Warranty Enforcement Act.”

681.101 Legislative intent.

The Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The Legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the Legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time; however, it is not the intent of the Legislature that a consumer establish the presumption of a reasonable number of attempts as to each manufacturer that provides a warranty directly to the consumer. It is further the intent of the Legislature to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. However, nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law.

681.102 Definitions.

As used in this chapter, the term:

(1) “Authorized service agent” means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. In the case of a recreational vehicle when there are two or more manufacturers, an authorized service agent for any individual manufacturer is any person, including a franchised motor vehicle dealer, who is authorized to service the items warranted by that manufacturer. The term does not include a rental car company authorized to repair rental vehicles.

(2) “Board” means the Florida New Motor Vehicle Arbitration Board.

(3) “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include, but are not limited to, manufacturer-installed or agent-installed items or service charges, earned finance charges, sales taxes, and title charges.

(4) “Consumer” means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle primarily used for personal, family, or household purposes; any person to whom such motor vehicle is transferred for the same purposes during the duration of the Lemon Law rights period; and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

(5) “Days” means calendar days.

(6) “Department” means the Department of Legal Affairs.

(7) “Division” means the Division of Consumer Services of the Department of Agriculture and Consumer Services.

(8) “Incidental charges” means those reasonable costs to the consumer which are directly caused by the nonconformity of the motor vehicle.

(9) “Lease price” means the aggregate of the capitalized cost, as defined in s. 521.003(2), and each of the following items to the extent not included in the capitalized cost:

(a) Lessor's earned rent charges through the date of repurchase.

(b) Collateral charges, if applicable.

(c) Any fee paid to another to obtain the lease.

(d) Any insurance or other costs expended by the lessor for the benefit of the lessee.

(e) An amount equal to state and local sales taxes, not otherwise included as collateral charges, paid by the lessor when the vehicle was initially purchased.

(10) “Lemon Law rights period” means the period ending 24 months after the date of the original delivery of a motor vehicle to a consumer.

(11) “Lessee” means any consumer who leases a motor vehicle for 1 year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle or any consumer who leases a motor vehicle pursuant to a lease-purchase agreement.

(12) “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle but excludes debt from any other transaction.

(13) “Lessor” means a person who holds title to a motor vehicle that is leased to a lessee under a written lease agreement or who holds the lessor's rights under such agreement.

(14) “Manufacturer” means any person, whether a resident or nonresident of this state, who manufactures or assembles motor vehicles, or who manufactures or assembles chassis for recreational vehicles, or who manufactures or installs on previously assembled truck or recreational vehicle chassis special bodies or equipment which, when installed, forms an integral part of the motor vehicle, a distributor as defined in s. 320.60(5), or an importer as defined in s. 320.60(7). A dealer as defined in s. 320.60(11)(a) shall not be deemed to be a manufacturer, distributor, or importer as provided in this section.

(15) “Motor vehicle” means a new vehicle, propelled by power other than muscular power, which is sold in this state to transport persons or property, and includes a recreational vehicle or a vehicle used as a demonstrator or leased vehicle if a manufacturer's warranty was issued as a condition of sale, or the lessee is responsible for repairs, but does not include vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, or the living facilities of recreational vehicles. “Living facilities of recreational vehicles” are those portions designed, used, or maintained primarily as living quarters and include, but are not limited to, the flooring, plumbing system and fixtures, roof air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior compartments, and windows other than the windshield and driver and front passenger windows.

(16) “Nonconformity” means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.

(17) “Procedure” means an informal dispute-settlement procedure established by a manufacturer to mediate and arbitrate motor vehicle warranty disputes.

(18) “Program” means the mediation and arbitration pilot program for recreational vehicles established in this chapter.

(19) “Purchase price” means the cash price as defined in s. 520.31(1), inclusive of any allowance for a trade-in vehicle, but excludes debt from any other transaction. “Any allowance for a trade-in vehicle” means the net trade-in allowance as reflected in the purchase contract or lease agreement if acceptable to the consumer and manufacturer. If such amount is not acceptable to the consumer and manufacturer, then the trade-in allowance shall be an amount equal to 100 percent of the retail price of the trade-in vehicle as reflected in the NADA Official Used Car Guide (Southeastern Edition) or NADA Recreation Vehicle Appraisal Guide, whichever is applicable, in effect at the time of the trade-in. The manufacturer shall be responsible for providing the applicable NADA book.

(20) “Reasonable offset for use” means the number of miles attributable to a consumer up to the date of a settlement agreement or arbitration hearing, whichever occurs first, multiplied by the purchase price of the vehicle and divided by 120,000, except in the case of a recreational vehicle, in which event it shall be divided by 60,000.

(21) “Recreational vehicle” means a motor vehicle primarily designed to provide temporary living quarters for recreational, camping, or travel use, but does not include a van conversion.

(22) “Replacement motor vehicle” means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of acquisition. “Reasonably equivalent to the motor vehicle to be replaced” means the manufacturer's suggested retail price of the replacement vehicle shall not exceed 105 percent of the manufacturer's suggested retail price of the motor vehicle to be replaced. In the case of a recreational vehicle, “reasonably equivalent to the motor vehicle to be replaced” means the retail price of the replacement vehicle shall not exceed 105 percent of the purchase price of the recreational vehicle to be replaced.

(23) “Warranty” means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale of a motor vehicle to a consumer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or will meet a specified level of performance.

681.103 Duty of manufacturer to conform a motor vehicle to the warranty.

(1) If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law rights period, the manufacturer or its authorized service agent shall make such repairs as are necessary to conform the vehicle to the warranty, irrespective of whether such repairs are made after the expiration of the Lemon Law rights period. Such repairs shall be at no cost to the consumer if made during the term of the manufacturer's written express warranty. Nothing in this paragraph shall be construed to grant an extension of the Lemon Law rights period or to expand the time within which a consumer must file a claim under this chapter.

(2) Each manufacturer shall provide to its consumers conspicuous notice of the address and phone number for its zone, district, or regional office for this state in the written warranty or owner's manual. By January 1 of each year, each manufacturer shall forward to the Department of Legal Affairs a copy of the owner's manual and any written warranty for each make and model of motor vehicle that it sells in this state.

(3) At the time of acquisition, the manufacturer shall inform the consumer clearly and conspicuously in writing how and where to file a claim with a certified procedure if such procedure has been established by the manufacturer pursuant to s. 681.108. The manufacturer shall provide to the dealer and, at the time of acquisition, the dealer shall provide to the consumer a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared by the Department of Legal Affairs and shall contain a toll-free number for the division that the consumer can contact to obtain information regarding the consumer's rights and obligations under this chapter or to commence arbitration. If the manufacturer obtains a signed receipt for timely delivery of sufficient quantities of this written statement to meet the dealer's vehicle sales requirements, it shall constitute prima facie evidence of compliance with this subsection by the manufacturer. The consumer's signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and dealer. The form of the acknowledgments shall be approved by the Department of Legal Affairs, and the dealer shall maintain the consumer's signed acknowledgment for 3 years.

(4) A manufacturer, through its authorized service agent, shall provide to the consumer, each time the consumer's motor vehicle is returned after being examined or repaired under the warranty, a fully itemized, legible statement or repair order indicating any test drive performed and the approximate length of the test drive, any diagnosis made, and all work performed on the motor vehicle including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the motor vehicle was submitted for examination or repair, and the date when the repair or examination was completed.

681.104 Nonconformity of motor vehicles.

(1)

(a) After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall have 10 days, commencing upon receipt of such notification, to respond and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility within a reasonable time after the consumer's receipt of the response. The manufacturer shall have 10 days, except in the case of a recreational vehicle, in which event the manufacturer shall have 45 days, commencing upon the delivery of the motor vehicle to the designated repair facility by the consumer, to conform the motor vehicle to the warranty. If the manufacturer fails to respond to the consumer and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply.

(b) If the motor vehicle is out of service by reason of repair of one or more nonconformities by the manufacturer or its authorized service agent for a cumulative total of 15 or more days, exclusive of downtime for routine maintenance prescribed by the owner's manual, the consumer shall so notify the manufacturer in writing by registered or express mail to give the manufacturer or its authorized service agent an opportunity to inspect or repair the vehicle.

(2)

(a) If the manufacturer, or its authorized service agent, cannot conform the motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within 40 days, shall repurchase the motor vehicle and refund the full purchase price to the consumer, less a reasonable offset for use, or, in consideration of its receipt of payment from the consumer of a reasonable offset for use, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer. The refund or replacement must include all reasonably incurred collateral and incidental charges. However, the consumer has an unconditional right to choose a refund rather than a replacement motor vehicle. Upon receipt of such refund or replacement, the consumer, lien holder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle.

(b) Refunds shall be made to the consumer and lien holder of record, if any, as their interests may appear. If applicable, refunds shall be made to the lessor and lessee as follows: The lessee shall receive the lessee cost and the lessor shall receive the lease price less the lessee cost. A penalty for early lease termination may not be assessed against a lessee who receives a replacement motor vehicle or refund under this chapter. The Department of Revenue shall refund to the manufacturer any sales tax which the manufacturer refunded to the consumer, lien holder, or lessor under this section, if the manufacturer provides to the department a written request for a refund and evidence that the sales tax was paid when the vehicle was purchased and that the manufacturer refunded the sales tax to the consumer, lien holder, or lessor.

(3) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if, during the Lemon Law rights period, either:

(a) The same nonconformity has been subject to repair at least three times by the manufacturer or its authorized service agent, plus a final attempt by the manufacturer to repair the motor vehicle if undertaken as provided for in paragraph (1)(a), and such nonconformity continues to exist; or

(b) The motor vehicle has been out of service by reason of repair of one or more nonconformities by the manufacturer, or its authorized service agent, for a cumulative total of 30 or more days, 60 or more days in the case of a recreational vehicle, exclusive of downtime for routine maintenance prescribed by the owner's manual. The manufacturer or its authorized service agent must have had at least one opportunity to inspect or repair the vehicle following receipt of the notification as provided in paragraph (1)(b). The 30-day period, or 60-day period in the case of a recreational vehicle, may be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.

(4) It is an affirmative defense to any claim under this chapter that:

(a) The alleged nonconformity does not substantially impair the use, value, or safety of the motor vehicle;

(b) The nonconformity is the result of an accident, abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by persons other than the manufacturer or its authorized service agent; or

(c) The claim by the consumer was not filed in good faith.

Any other affirmative defense allowed by law may be raised against the claim.

681.106 Bad faith claims.

Any claim by a consumer which is found by the court to have been filed in bad faith or solely for the purpose of harassment, or in complete absence of a justiciable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney's fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim.

681.108 Dispute-settlement procedures.

(1) If a manufacturer has established a procedure, which the division has certified as substantially complying with the provisions of 16 CFR part 703, in effect October 1, 1983, and with the provisions of this chapter and the rules adopted under this chapter, and has informed the consumer how and where to file a claim with such procedure pursuant to s. 681.103(3), the provisions of s. 681.104(2) apply to the consumer only if the consumer has first resorted to such procedure. The decision makers for a certified procedure shall, in rendering decisions, take into account all legal and equitable factors germane to a fair and just decision, including, but not limited to, the warranty; the rights and remedies conferred under 16 CFR part 703, in effect October 1, 1983; the provisions of this chapter; and any other equitable considerations appropriate under the circumstances. Decision makers and staff of a procedure shall be trained in the provisions of this chapter and in 16 CFR part 703, in effect October 1, 1983. In an action brought by a consumer concerning an alleged nonconformity, the decision that results from a certified procedure is admissible in evidence.

(2) A manufacturer may apply to the division for certification of its procedure. After receipt and evaluation of the application, the division shall certify the procedure or notify the manufacturer of any deficiencies in the application or the procedure.

(3) A certified procedure or a procedure of an applicant seeking certification shall submit to the division a copy of each settlement approved by the procedure or decision made by a decision maker within 30 days after the settlement is reached or the decision is rendered. The decision or settlement must contain at a minimum the:

1. Name and address of the consumer;
2. Name of the manufacturer and address of the dealership from which the motor vehicle was purchased;
3. Date the claim was received and the location of the procedure office that handled the claim;
4. Relief requested by the consumer;
5. Name of each decision maker rendering the decision or person approving the settlement;
6. Statement of the terms of the settlement or decision;
7. Date of the settlement or decision; and
8. Statement of whether the decision was accepted or rejected by the consumer.

(4) Any manufacturer establishing or applying to establish a certified procedure must file with the division a copy of the annual audit required under the provisions of 16 CFR part 703, in effect October 1, 1983, together with any additional information required for purposes of certification, including the number of refunds and replacements made in this state pursuant to the provisions of this chapter by the manufacturer during the period audited.

(5) The division shall review each certified procedure at least annually, prepare an annual report evaluating the operation of certified procedures established by motor vehicle manufacturers and procedures of applicants seeking certification, and, for a period not to exceed 1 year, shall grant certification to, or renew certification for, those manufacturers whose procedures substantially comply with the provisions of 16 CFR part 703, in effect October 1, 1983, and with the provisions of this chapter and rules adopted under this chapter. If certification is revoked or denied, the division shall state the reasons for such action. The reports and records of actions taken with respect to certification shall be public records.

(6) A manufacturer whose certification is denied or revoked is entitled to a hearing pursuant to chapter 120.

(7) If federal preemption of state authority to regulate procedures occurs, the provisions of subsection (1) concerning prior resort do not apply.

(8) The division shall adopt rules to implement this section.

681.109 Florida New Motor Vehicle Arbitration Board.

Dispute eligibility.

(1) If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a decision is not rendered by the certified procedure within 40 days of filing, the consumer may apply to the division to have the dispute removed to the board for arbitration.

(2) If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a consumer is not satisfied with the decision or the manufacturer's compliance therewith, the consumer may apply to the division to have the dispute submitted to the board for arbitration. A manufacturer may not seek review of a decision made under its procedure.

(3) If a manufacturer has no certified procedure or if a certified procedure does not have jurisdiction to resolve the dispute, a consumer may apply directly to the division to have the dispute submitted to the board for arbitration.

(4) A consumer must request arbitration before the board with respect to a claim arising during the Lemon Law rights period no later than 60 days after the expiration of the Lemon Law rights period, or within 30 days after the final action of a certified procedure, whichever date occurs later.

(5) The division shall screen all requests for arbitration before the board to determine eligibility. The consumer's request for arbitration before the board shall be made on a form prescribed by the department. The division shall forward to the board all disputes that the division determines are potentially entitled to relief under this chapter.

(6) The division may reject a dispute that it determines to be fraudulent or outside the scope of the board's authority. Any dispute deemed by the division to be ineligible for arbitration by the board due to insufficient evidence may be reconsidered upon the submission of new information regarding the dispute. Following a second review, the division may reject a dispute if the evidence is clearly insufficient to qualify for relief. Any dispute rejected by the division shall be forwarded to the department and a copy shall be sent by registered mail to the consumer and the manufacturer, containing a brief explanation as to the reason for rejection.

(7) If the division rejects a dispute, the consumer may file a lawsuit to enforce the remedies provided under this chapter. In any civil action arising under this chapter and relating to a matter considered by the division, any determination made to reject a dispute is admissible in evidence.

(8) The department shall have the authority to adopt reasonable rules to carry out the provisions of this section.

681.1095 Florida New Motor Vehicle Arbitration Board.

Creation and function.

(1) There is established within the Department of Legal Affairs, the Florida New Motor Vehicle Arbitration Board, consisting of members appointed by the Attorney General for an initial term of 1 year. Board members may be reappointed for additional terms of 2 years. Each board member is accountable to the Attorney General for the performance of the member's duties and is exempt from civil liability for any act or omission which occurs while acting in the member's official capacity. The Department of Legal Affairs shall defend a member in any action against the member or the board which arises from any such act or omission. The Attorney General may establish as many regions of the board as necessary to carry out the provisions of this chapter.

(2) The boards shall hear cases in various locations throughout the state so any consumer whose dispute is approved for arbitration by the division may attend an arbitration hearing at a reasonably convenient location and present a dispute orally. Hearings shall be conducted by panels of three board members assigned by the department. A majority vote of the three-member board panel shall be required to render a decision. Arbitration proceedings under this section shall be open to the public on reasonable and nondiscriminatory terms.

(3) Each region of the board shall consist of up to eight members. The members of the board shall construe and apply the provisions of this chapter, and rules adopted thereunder, in making their decisions. An administrator and a secretary shall be assigned to each board by the Department of Legal Affairs. At least one member of each board must be a person with expertise in motor vehicle mechanics. A member must not be employed by a manufacturer or a franchised motor vehicle dealer or be a staff member, a decision maker, or a consultant for a procedure. Board members shall be trained in the application of this chapter and any rules adopted under this chapter, shall be reimbursed for travel expenses pursuant to s. 112.061, and shall be compensated at a rate or wage prescribed by the Attorney General.

(4) Before filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to the division, and to the board if such dispute is deemed eligible for arbitration.

(5) Manufacturers shall submit to arbitration conducted by the board if such arbitration is requested by a consumer and the dispute is deemed eligible for arbitration by the division pursuant to s. 681.109.

(6) The board shall hear the dispute within 40 days and render a decision within 60 days after the date the request for arbitration is approved. The board may continue the hearing on its own motion or upon the request of a party for good cause shown. A request for continuance by the consumer constitutes waiver of the time periods set forth in this subsection. The Department of Legal Affairs, at the board's request, may investigate disputes, and may issue subpoenas for the attendance of witnesses and for the production of records, documents, and other evidence before the board. The failure of the board to hear a dispute or render a decision within the prescribed periods does not invalidate the decision.

(7) At all arbitration proceedings, the parties may present oral and written testimony, present witnesses and evidence relevant to the dispute, cross-examine witnesses, and be represented by counsel. The board may administer oaths or affirmations to witnesses and inspect the vehicle if requested by a party or if the board deems such inspection appropriate.

(8) The board shall grant relief, if a reasonable number of attempts have been undertaken to correct a nonconformity or nonconformities.

(9) The decision of the board shall be sent by registered mail to the consumer and the manufacturer, and shall contain written findings of fact and rationale for the decision. If the decision is in favor of the consumer, the manufacturer must, within 40 days after receipt of the decision, comply with the terms of the decision. Compliance occurs on the date the consumer receives delivery of an acceptable replacement motor vehicle or the refund specified in the arbitration award. In any civil action arising under this chapter and relating to a dispute arbitrated before the board, any decision by the board is admissible in evidence.

(10) A decision is final unless appealed by either party. A petition to the circuit court to appeal a decision must be made within 30 days after receipt of the decision. The petition shall be filed in the county where the consumer resides, or where the motor vehicle was acquired, or where the arbitration hearing was conducted. Within 7 days after the petition has been filed, the appealing party must send a copy of the petition to the department. If the department does not receive notice of such petition within 40 days after the manufacturer's receipt of a decision in favor of the consumer, and the manufacturer has neither complied with, nor has petitioned to appeal such decision, the department may apply to the circuit court to seek imposition of a fine up to $1,000 per day against the manufacturer until the amount stands at twice the purchase price of the motor vehicle, unless the manufacturer provides clear and convincing evidence that the delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide such evidence or fails to pay the fine, the department shall initiate proceedings against the manufacturer for failure to pay such fine. The proceeds from the fine herein imposed shall be placed in the Motor Vehicle Warranty Trust Fund in the department for implementation and enforcement of this chapter. If the manufacturer fails to comply with the provisions of this subsection, the court shall affirm the award upon application by the consumer.

(11) All provisions in this section and s. 681.109 pertaining to compulsory arbitration before the board, the dispute eligibility screening by the division, the proceedings and decisions of the board, and any appeals thereof, are exempt from the provisions of chapter 120.

(12) An appeal of a decision by the board to the circuit court by a consumer or a manufacturer shall be by trial de novo. In a written petition to appeal a decision by the board, the appealing party must state the action requested and the grounds relied upon for appeal. Within 30 days of final disposition of the appeal, the appealing party shall furnish the department with notice of such disposition and, upon request, shall furnish the department with a copy of the order or judgment of the court.

(13) If a decision of the board in favor of the consumer is upheld by the court, recovery by the consumer shall include the pecuniary value of the award, attorney's fees incurred in obtaining confirmation of the award, and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following the manufacturer's receipt of the board's decision. If a court determines that the manufacturer acted in bad faith in bringing the appeal or brought the appeal solely for the purpose of harassment or in complete absence of a justiciable issue of law or fact, the court shall double, and may triple, the amount of the total award.

(14) When a judgment affirms a decision by the board in favor of a consumer, appellate review may be conditioned upon payment by the manufacturer of the consumer's attorney's fees and giving security for costs and expenses resulting from the review period.

(15) The department shall maintain records of each dispute submitted to the board, and the program, including an index of motor vehicles by year, make, and model, and shall compile aggregate annual statistics for all disputes submitted to, and decided by, the board, as well as annual statistics for each manufacturer that include, but are not limited to, the value, if applicable, and the number and percent of:

(a) Replacement motor vehicle requests;

(b) Purchase price refund requests;

(c) Replacement motor vehicles obtained in prehearing settlements;

(d) Purchase price refunds obtained in prehearing settlements;

(e) Replacement motor vehicles awarded in arbitration;

(f) Purchase price refunds awarded in arbitration;

(g) Board decisions neither complied with in 40 days nor petitioned for appeal within 30 days;

(h) Board decisions appealed;

(i) Appeals affirmed by the court; and

(j) Appeals found by the court to be brought in bad faith or solely for the purpose of harassment.

The statistics compiled under this subsection are public information.

(16) When requested by the department, a manufacturer must verify the settlement terms for disputes that are approved for arbitration but are not decided by the board.

681.1096 Pilot RV Mediation and Arbitration Program.

Creation and qualifications.

(1) This section and s. 681.1097 shall apply to disputes determined eligible under this chapter involving recreational vehicles acquired on or after October 1, 1997, and shall remain in effect until September 30, 2001, at which time recreational vehicle disputes shall be subject to the provisions of ss. 681.109 and 681.1095. The Attorney General shall report annually to the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of each house of the Legislature, and appropriate legislative committees regarding the efficiency and cost-effectiveness of the pilot program.

(2) Each manufacturer of a recreational vehicle involved in a dispute that is determined eligible under this chapter, including chassis and component manufacturers which separately warrant the chassis and components and which otherwise meet the definition of manufacturer set forth in s. 681.102(14), shall participate in a mediation and arbitration program that is deemed qualified by the department.

(3) In order to be deemed qualified by the department, the mediation and arbitration program must, at a minimum, meet the following requirements:

(a) The program must be administered by an administrator and staff that is sufficiently insulated from the manufacturer to ensure impartial mediation and arbitration services.

(b) Program administration fees must be paid by the manufacturer and no such fees shall be charged to a consumer.

(c) The program must be adequately staffed at a level sufficient to ensure the provision of fair and expeditious dispute resolution services.

(d) Program mediators and arbitrators must be sufficiently insulated from a manufacturer to ensure the provision of impartial mediation and arbitration of disputes.

(e) Program mediators and arbitrators shall not be employed by a manufacturer or a motor vehicle dealer.

(f) Program mediators must complete a Florida Supreme Court certified circuit or county mediation training program, or other mediation training program approved by the department, in addition to a minimum of one-half day of training on this chapter conducted by the department.

(g) Program mediators must comply with the Model Standards of Conduct for Mediators issued by the American Arbitration Association, the Dispute Resolution Section of the American Bar Association, and the Society of Professionals in Dispute Resolution.

(h) Program arbitrators must complete a Florida Supreme Court certified circuit or county arbitration program, or other arbitration training program approved by the department, in addition to a minimum of 1 day of training in the application of this chapter and any rules adopted thereunder conducted by the department.

(i) Program arbitrators must comply with the Code of Ethics for Arbitrators in Commercial Disputes published by the American Arbitration Association and the American Bar Association in 1977 and as amended.

(j) Program arbitrators must construe and apply the provisions of this chapter and rules adopted thereunder in making decisions.

(k) The program must complete all mediation and arbitration of an eligible consumer claim within 70 days of the program administrator's receipt of the claim from the department. Failure of the program to complete all proceedings within the prescribed period will not invalidate any settlement agreement or arbitration decision.

(l) Mediation conferences and arbitration proceedings must be held at reasonably convenient locations within the state so as to enable a consumer to attend and present a dispute orally.

(4) The department shall monitor the program for compliance with this chapter. If the program is determined not qualified or if qualification is revoked, then the involved manufacturer shall be required to submit to arbitration conducted by the board if such arbitration is requested by a consumer and the dispute is deemed eligible for arbitration by the division pursuant to s. 681.109.

(5) If a program is determined not qualified or if qualification is revoked, the involved manufacturer shall be notified by the department of any deficiencies in the program and informed that it is entitled to a hearing pursuant to chapter 120.

(6) The program administrator, mediators, and arbitrators are exempt from civil liability arising from any act or omission in connection with any mediation or arbitration conducted under this chapter.

(7) The program administrator shall maintain records of each dispute submitted to the program, including the recordings of arbitration hearings. All records maintained by the program under this chapter shall be public records and shall be available for inspection by the department upon reasonable notice. The records for disputes closed as of September 30 of each year shall be turned over to the department by the program administrator by no later than October 30 of the same year, unless a later date is specified by the department.

(8) The department shall have the authority to adopt reasonable rules to carry out the provisions of this section.

681.1097 RV Pilot Mediation and Arbitration Program.

Dispute eligibility and program function.

(1) Before filing a civil action on a matter subject to s. 681.104, a consumer who acquires a recreational vehicle must first submit the dispute to the department, and to the program if the dispute is deemed eligible. Such consumer is not required to resort to a procedure certified pursuant to s. 681.108, notwithstanding that one of the manufacturers of the recreational vehicle has such a procedure. Such consumer is not required to resort to arbitration conducted by the board, except as provided in s. 681.1096(4) and in this section.

(2) A consumer acquiring a recreational vehicle must apply to participate in this program with respect to a claim arising during the Lemon Law rights period by filing the application in subsection (3) with the department no later than 60 days after the expiration of the Lemon Law rights period.

(3) The consumer's application for participation in the program must be on a form prescribed or approved by the department. The department shall screen all applications to participate in the program to determine eligibility. The department shall forward to the program administrator all applications the department determines are potentially entitled to relief under this chapter.

(a) If the department determines the application lacks sufficient information from which a determination of eligibility can be made, the department shall request additional information from the consumer and, upon review of such additional information, shall determine whether the application is eligible or reject the application as incomplete.

(b) The department shall reject any application it determines to be fraudulent or outside the scope of this chapter.

(c) The consumer and the manufacturer shall be notified in writing by the department if an application is rejected. Such notification of rejection shall include a brief explanation as to the reason for the rejection.

(d) If the department rejects a dispute, the consumer may file a lawsuit to enforce the remedies provided under this chapter. In any civil action arising under this chapter and relating to the matter considered by the department, any determination made to reject a dispute is admissible in evidence.

(4) Mediation shall be mandatory for both the consumer and manufacturer, unless the dispute is settled prior to the scheduled mediation conference. The mediation conference shall be confidential and inadmissible in any subsequent adversarial proceedings. Participation shall be limited to the parties directly involved in the dispute and their attorneys, if any. All manufacturers shall be represented by persons with settlement authority.

(a) Upon receipt of an eligible application from the department, the program administrator shall notify the consumer and all involved manufacturers in writing that an eligible application has been received. Such notification shall include a statement that a mediation conference will be scheduled, shall identify the assigned mediator, and provide information regarding the program's procedures. The program administrator shall provide all involved manufacturers with a copy of the completed application.

(b) The mediator shall be selected and assigned by the program administrator. The parties may factually object to a mediator based upon the mediator's past or present relationship with a party or a party's attorney, direct or indirect, whether financial, professional, social, or of any other kind. The program administrator shall consider any such objection, determine its validity, and notify the parties of any determination. If the objection is determined valid, the program administrator shall assign another mediator to the case.

(c) At the mediation conference, the mediator shall assist the parties' efforts to reach a mutually acceptable settlement of their dispute; however, the mediator shall not impose any settlement upon the parties.

(d) Upon conclusion of the mediation conference, the mediator shall notify the program administrator that the case has settled or remains at an impasse. The program administrator shall notify the department in writing of the outcome of the mediation.

(e) If the mediation conference ends in an impasse, it shall proceed to arbitration pursuant to subsection (5). The program administrator shall immediately notify the parties in writing that the dispute will proceed to arbitration and shall identify the assigned arbitrator.

(f) If the parties enter into a settlement at any time after the dispute has been submitted to the program, such settlement must be reduced to writing, signed by the consumer and all involved manufacturers, and filed with the program administrator. The program administrator shall send a copy to the department. All settlements must contain, at a minimum, the following information:

1. Name and address of the consumer.
2. Name and address of each involved manufacturer.
3. Year, make, model, and vehicle identification number of the subject recreational vehicle.
4. Name and address of the dealership from which the recreational vehicle was acquired.
5. Date the claim was received by the program administrator.
6. Name of the mediator and/or arbitrator, if any.
7. Statement of the terms of the agreement, including, but not limited to: whether the vehicle is to be reacquired by a manufacturer and the identity of the manufacturer that will reacquire the vehicle; the amount of any moneys to be paid by the consumer and/or a manufacturer; the year, make, and model of any replacement motor vehicle or motor vehicle accepted by the consumer as a trade-assist; and a time certain for performance not to exceed 40 days from the date the settlement agreement is signed by the parties.

(g) If a manufacturer fails to perform within the time required in any settlement agreement, the consumer must notify the program administrator of such failure in writing within 10 days of the required performance date. Within 10 days of receipt of such notice, the program administrator shall notify the department of the manufacturer's failure in compliance and shall schedule the matter for an arbitration hearing pursuant to subsection (5).

(5) If the mediation ends in an impasse, or if a manufacturer fails to comply with the settlement entered into between the parties, the program administrator shall schedule the dispute for an arbitration hearing. Arbitration proceedings shall be open to the public on reasonable and nondiscriminatory terms.

(a) The arbitration hearing shall be conducted by a single arbitrator assigned by the program administrator. The arbitrator shall not be the same person as the mediator who conducted the prior mediation conference in the dispute. The parties may factually object to an arbitrator based on the arbitrator's past or present relationship with a party or a party's attorney, direct or indirect, whether financial, professional, social, or of any other kind. The program administrator shall consider any such objection, determine its validity, and notify the parties of any determination. If the objection is determined valid, the program administrator shall assign another arbitrator to the case.

(b) The arbitrator may issue subpoenas for the attendance of witnesses and for the production of records, documents, and other evidence. Subpoenas so issued shall be served and, upon application to the court by a party to the arbitration, enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions. Fees for attendance as a witness shall be the same as for a witness in the circuit court.

(c) At all program arbitration proceedings, the parties may present oral and written testimony, present witnesses and evidence relevant to the dispute, cross-examine witnesses, and be represented by counsel. The arbitrator shall record the arbitration hearing and shall have the power to administer oaths. The arbitrator may inspect the vehicle if requested by a party or if the arbitrator considers such inspection appropriate.

(d) The program arbitrator may continue a hearing on his or her own motion or upon the request of a party for good cause shown. A request for continuance by the consumer constitutes a waiver of the time period set forth in s. 681.1096(3)(k) for completion of all proceedings under the program.

(e) Where the arbitration is the result of a manufacturer's failure to perform in accordance with a mediation agreement, any relief to the consumer granted by the arbitration will be no less than the relief agreed to by the manufacturer in the settlement agreement.

(f) The arbitrator shall grant relief if a reasonable number of attempts have been undertaken to correct a nonconformity or nonconformities.

(g) The program arbitrator shall render a decision within 10 days of the closing of the hearing. The decision shall be in writing on a form prescribed or approved by the department. The program administrator shall send a copy of the decision to the consumer and each involved manufacturer by registered mail. The program administrator shall also send a copy of the decision to the department within 5 days of mailing to the parties.

(h) A manufacturer shall comply with an arbitration decision within 40 days of the date the manufacturer receives the written decision. Compliance occurs on the date the consumer receives delivery of an acceptable replacement motor vehicle or the refund specified in the arbitration award. If a manufacturer fails to comply within the time required, the consumer must notify the program administrator in writing within 10 days. The program administrator shall notify the department of a manufacturer's failure to comply. The department shall have the authority to enforce compliance with arbitration decisions under this section in the same manner as is provided for enforcement of compliance with board decisions under s. 681.1095(10). In any civil action arising under this chapter and relating to a dispute arbitrated pursuant to this section, the decision of the arbitrator is admissible in evidence.

(6) Except as otherwise provided, all provisions in this section pertaining to mandatory mediation and arbitration, eligibility screening, mediation proceedings, arbitration hearings and decisions, and any appeals thereof are exempt from the provisions of chapter 120.

(7) Either party may make application to the circuit court for the county in which one of the parties resides or has a place of business or, if neither party resides or has a place of business in this state, the county where the arbitration hearing was held, for an order confirming, vacating, modifying, or correcting any award, in accordance with the provisions of this section and ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such application must be filed within 30 days of the moving party's receipt of the written decision or the decision becomes final. Upon filing such application, the moving party shall mail a copy to the department and, upon entry of any judgment or decree, shall mail a copy of such judgment or decree to the department. A review of such application by the circuit court shall be confined to the record of the proceedings before the program arbitrator. The court shall conduct a de novo review of the questions of law raised in the application. In addition to the grounds set forth in ss. 682.13 and 682.14, the court shall consider questions of fact raised in the application. In reviewing questions of fact, the court shall uphold the award unless it determines that the factual findings of the arbitrator are not supported by substantial evidence in the record and that the substantial rights of the moving party have been prejudiced. If the arbitrator fails to state findings or reasons for the stated award, or the findings or reasons are inadequate, the court shall search the record to determine whether a basis exists to uphold the award. The court shall expedite consideration of any application filed under this section on the calendar.

(a) If a decision of a program arbitrator in favor of a consumer is confirmed by the court, recovery by the consumer shall include the pecuniary value of the award, attorney's fees incurred in obtaining confirmation of the award, and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following a manufacturer's receipt of the arbitrator's decision. If a court determines the manufacturer acted in bad faith in bringing the appeal or brought the appeal solely for the purpose of harassment, or in complete absence of a justiciable issue of law or fact, the court shall double, and may triple, the amount of the total award.

(b) An appeal of a judgment or order by the court confirming, denying confirmation, modifying or correcting, or vacating the award may be taken in the manner and to the same extent as from orders or judgments in a civil action.

(8) The department shall have the authority to adopt reasonable rules to carry out the provisions of this section.

681.110 Compliance and disciplinary actions.

The Department of Legal Affairs may enforce and ensure compliance with the provisions of this chapter and rules adopted thereunder, may issue subpoenas requiring the attendance of witnesses and production of evidence, and may seek relief in the circuit court to compel compliance with such subpoenas. The Department of Legal Affairs may impose a civil penalty against a manufacturer not to exceed $1,000 for each count or separate offense. The proceeds from the fine imposed herein shall be placed in the Motor Vehicle Warranty Trust Fund in the Department of Legal Affairs for implementation and enforcement of this chapter.

681.111 Unfair or deceptive trade practice.

A violation by a manufacturer of this chapter is an unfair or deceptive trade practice as defined in part II of chapter 501.

681.112 Consumer remedies.

(1) A consumer may file an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney's fees, and appropriate equitable relief.

(2) An action brought under this chapter must be commenced within 1 year after the expiration of the Lemon Law rights period, or, if a consumer resorts to an informal dispute-settlement procedure or submits a dispute to the division or board, within 1 year after the final action of the procedure, division, or board.

(3) This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law.

681.113 Dealer liability.

Except as provided in ss. 681.103(3) and 681.114(2), nothing in this chapter imposes any liability on a dealer as defined in s. 320.60(11)(a) or creates a cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer's warranties. A dealer may not be made a party defendant in any action involving or relating to this chapter, except as provided in this section. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter, in the absence of evidence that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer's published instructions.

681.114 Resale of returned vehicles.

(1) A manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination, or decision pursuant to this chapter shall notify the department and report the vehicle identification number of that motor vehicle within 10 days after such acceptance, transfer, or disposal of the vehicle, whichever occurs later.

(2) A person shall not knowingly lease, sell at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or similar statute of another state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer, and the manufacturer warrants to correct such nonconformity for a term of 1 year or 12,000 miles, whichever occurs first. The Department of Legal Affairs shall prescribe by rule the form, content, and procedure pertaining to such disclosure statement.

(3) As used in this section, the term “settlement” means an agreement entered into between a manufacturer and consumer that occurs after a dispute is submitted to a procedure or program or is approved for arbitration before the board.

681.115 Certain agreements void.

Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter is void as contrary to public policy. The rights set forth in this chapter shall extend to a subsequent transferee of such motor vehicle.

681.116 Preemption.

This chapter preempts any similar county or municipal ordinance regarding consumer warranty rights resulting from the acquisition of a motor vehicle in this state.

681.117 Fee.

Commentaires

Géorgie loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Georgia Lemon Law
Any self-propelled vehicles, primarily designed for the transportation of persons or property over the public highways, leased or purchased in this state, or registered by the original consumer to this state, and on which the original title was issued to
Georgia Lemon Law may apply if the following has occurred
1 repair attempt for a for a serious safety defect in the braking or steering system. 3 repair attempts or 30 calendar days out of service.
Length of time or miles before the Georgia Lemon Law runs out
1 year or 12,000 miles, whichever occurs earlier.

Lemon Law in Georgia

10-1-780

This article shall be known and may be cited as the “Motor Vehicle Warranty Rights Act.”

10-1-781

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer.It is the intent of the General Assembly to ensure that the consumer is made aware of his or her rights under this article.In enacting these comprehensive measures, it is the intent of the General Assembly to create the proper blend of private and public remedies necessary to enforce this article.

10-1-782

Unless the context clearly requires otherwise, the definitions in this Code section apply throughout this article. As used in this article, the term:

(1) “Administrator” means the administrator appointed pursuant to Code Section 10-1-395.

(2) “Collateral charges” means those additional charges to a consumer or lessor wholly incurred as a result of the acquisition purchase of the motor vehicle. For the purposes of this article, collateral charges include but are not limited to manufacturer installed or dealer installed items or service charges, earned finance charges incurred by a consumer in the case of a purchase, and by the lessor in the case of a lease, sales tax, and title charges.

(3) “Consumer” means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle primarily for personal, family, or household purposes, regardless of how the documents characterize the transaction. The term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial owner or lessee of no more than three new motor vehicles and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. For the limited purpose of enforcing the rights granted under this article, the term “consumer” will also include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.

(4) “Court” means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this article.

(5) “Distributor” means a person or entity holding a distribution agreement with a manufacturer for the distribution of new motor vehicles to new motor vehicle dealers or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such distribution, who is not responsible to the manufacturer for honoring the manufacturer's express warranty, and who does not issue an express warranty to consumers.

(6) “Express warranty” means a warranty which is given by the manufacturer in writing.

(7) “Incidental costs” means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including but not limited to payments to dealers for attempted repairs of nonconformities, towing charges, and the costs of obtaining alternative transportation.

(8) “Informal dispute resolution settlement mechanism” means any procedure established, employed, utilized, or run by a manufacturer for the purpose of resolving disputes with consumers regarding any warranty.

(9) “Lemon law rights period” means the period ending one year after the date of the original delivery of a new motor vehicle to a consumer or the first 12,000 miles of operation after delivery of a new motor vehicle to a consumer, whichever occurs first.

(10) “Manufacturer” means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers.

(11) “New motor vehicle” means any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased or purchased in this state or registered by the original consumer in this state and on which the original motor vehicle title was issued to the lessor or purchaser without having been previously issued to any person other than the selling dealer. If the motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term “new motor vehicle” does not include motorcycles or trucks with 10,000 pounds or more gross vehicle weight rating. The term “new motor vehicle” shall not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term “new motor vehicle” includes a demonstrator or lease-purchase, as long as a manufacturer's warranty was issued as a condition of sale, unless specifically excluded under this definition.

(12) “New motor vehicle dealer” means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, distributing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. For the purposes of subsection (d) of Code Section 10-1-784, concerning private civil actions for violations of this article, the term “new motor vehicle dealer” shall include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.

(13) “Nonconformity” means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.

(14) “Panel” means a new motor vehicle arbitration panel as designated in Code Sections 10-1-786 and 10-1-794.

(15) “Purchase price” means in the case of a sale of a new motor vehicle to a consumer the cash price of the new motor vehicle appearing in the sales agreement, contract, or leasing agreement, including any reasonable allowance for a trade-in vehicle. In determining whether the trade-in allowance was reasonable, the panel may take into account whether the purchase price of the vehicle was at fair market value or not and make appropriate adjustments to ensure that the consumer is made whole but not unjustly enriched. In the case of a consumer lease of a new motor vehicle, “purchase price” means the cash price paid by the lessor to a dealer or distributor to purchase the new motor vehicle.

(16) “Reasonable offset for use” means an amount directly attributable to use by the consumer before the consumer requests repurchase or replacement by the manufacturer pursuant to Code Section 10-1-784. The reasonable offset for use shall be computed by the number of miles that the vehicle traveled before the consumer's request of repurchase or replacement multiplied by the purchase price and divided by 100,000.

(17) “Reasonable number of attempts” under the lemon law rights period means the definition as provided in Code Section 10-1-784.

(18) “Replacement motor vehicle” means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease.

(19) “Serious safety defect” means a life-threatening malfunction or nonconformity.

(20) “Substantially impair” means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle more than a meaningful amount below the average resale value for comparable motor vehicles.

(21) “Warranty” means any express written warranty of the manufacturer but shall not include any extended coverage purchased by the consumer as a separate item.

10-1-783

(a) Each new motor vehicle dealer shall provide an owner's manual which shall be published by the manufacturer and include a list of the addresses and phone numbers at which consumers may, at no cost, contact the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle.

(b) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article.

(c) For the purposes of this article, if a new motor vehicle has a nonconformity and the consumer reports the nonconformity during the lemon law rights period to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the vehicle shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether such repairs are made after the expiration of the lemon law rights period. If in any subsequent proceeding under this article it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the vehicle, the consumer shall be liable to the manufacturer for the costs of the repair.

(d) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative regarding inspection, diagnosis, or test-drive of the consumer's new motor vehicle.

(e) Each time the consumer's vehicle is returned from being diagnosed or repaired under the lemon law rights period or under a warranty, the new motor vehicle dealer shall provide to the consumer a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle, including but not limited to a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer.

(f) No manufacturer, its agent, or new motor vehicle dealer may refuse to diagnose or repair any nonconformity for the purpose of avoiding liability under this article.

(g) The lemon law rights period and 30 day out-of-service period shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster.

10-1-784

(a)(1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to repair or correct any nonconformity in a new motor vehicle after a reasonable number of attempts, the consumer shall notify the manufacturer by certified mail, return receipt requested, at the address provided by the manufacturer. The manufacturer shall, within seven days after receipt of such notification, notify the consumer of a reasonably accessible repair facility and after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within 14 days, conform the motor vehicle to the warranty. If the manufacturer is unable to repair or correct any nonconformity of the new motor vehicle, the manufacturer shall, within 30 days of the consumer's written request, by certified mail, return receipt requested, at the option of the consumer, or the lessor in the event of a leased motor vehicle, replace or repurchase the new motor vehicle. If the manufacturer fails to notify the consumer of a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply.

(2) If a lessor elects replacement, the contractual obligation, except for those terms of the agreement which identify the vehicle, between the lessor and the consumer shall not be altered. If a lessor elects repurchase, it shall return to the consumer a sum equal to the allowance for any trade-in, and down payment or initial balloon payment, made by the consumer, and all future obligations of the consumer to the lessor shall cease. In the event a lessor elects to require the manufacturer to repurchase a leased vehicle, the consumer will remain liable for all lease obligations arising prior to the date that the lessor elects such replacement, but will have no future obligations under the lease, and will be liable for no penalty for early termination. A lessor must elect either a repurchase or replacement within 30 days of receiving written notice from the consumer that such an election is desired; if the lessor fails to make such an election within the 30 days, the consumer may make the election to repurchase or replace and the lessor shall be bound by the consumer's election.(3) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced. Such replacement shall include payment of all collateral charges which the consumer or lessor will incur a second time which would not have been incurred again except for the replacement, and any and all incidental costs incurred by the consumer or lessor. In the case of a replacement motor vehicle, the reasonable offset for use shall be paid by the consumer to the manufacturer. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that a replacement motor vehicle is elected. In the case of a lease where the consumer either has no option to purchase the motor vehicle at the end of the lease term, or the consumer has an option to purchase the motor vehicle at the end of the lease term but does not exercise the option, the lessor shall refund to the consumer the lesser of (A) the offset for use paid by the consumer to the manufacturer at the time of delivery of the replacement vehicle, or (B) the gain realized by the lessor by reason of the difference, if any, between the anticipated residual value of the original motor vehicle as determined at the inception of the lease and the realized value of the replacement motor vehicle at the end of the lease. If the lessor does not realize any gain from the disposition of the replacement vehicle, there will be no refund due to the consumer from the lessor. The foregoing rules apply only to leases where the consumer performs all of the consumer's obligations under the lease agreement and the lease terminates upon the scheduled expiration of the lease term as set forth in the lease agreement or any mutually agreed upon extension of the lease term. The administrator may provide by rule under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for determining the manner of calculating the amount of any further charges or refunds that may apply in the case of leases terminated prematurely either by the voluntary election of the parties, or involuntarily by the lessor in the event of the lessee's default, the loss or destruction of the vehicle, or for any other reason.(4) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer all collateral charges and incidental costs. In the event of a repurchase, purchase price refunds shall be made to the consumer and lienholder of record, if any, as his or her interests may appear, less a reasonable offset for use. In the event of a lease, purchase price refunds shall be made to the lessor, less a reasonable offset for use. If it is determined that the lessee is entitled to a refund, the consumer's lease agreement with the lessor shall be terminated upon payment of the refund and no penalty for early termination shall be assessed.

(b) A reasonable number of attempts shall be presumed as a matter of law to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to repair or correct any nonconformity of a new motor vehicle, if: (1) a serious safety defect in the braking or steering system has been subject to repair at least once during the lemon law rights period and has not been corrected; (2) during any period of 24 months or less, or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, any other serious safety defect has been subject to repair two or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; (3) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the same nonconformity has been subject to repair, three or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; or (4) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 calendar days, at least 15 of them during the lemon law rights period.If less than 15 days remain under the lemon law rights period when the new motor vehicle is first brought in for diagnosis or repair, the lemon law rights period as regards the problem to be diagnosed or repaired shall be extended for a period of 90 days.

(c) For purposes of this article, the lemon law rights period regarding nonconformities on all new motor vehicles sold in this state shall be for 12 months following the purchase of the vehicle or for 12,000 miles following the purchase of the vehicle, whichever occurs first.

(d) This article shall not create and shall not give rise to any cause of action against and shall not impose any liability upon any new motor vehicle dealer or distributor except as provided in this Code section. No new motor vehicle dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or vehicle replacements, and manufacturers and consumers shall not have a cause of action against a new motor vehicle dealer or distributor under this article.A violation of any duty or responsibility imposed upon a new motor vehicle dealer or distributor under this article shall constitute a per se violation of Code Section 10-1-393; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and shall not be enforceable through private enforcement under the provisions of Code Section 10-1-399, except that a knowing violation of Code Section 10-1-785 shall be enforceable through private enforcement under the provisions of Code Section 10-1-399.The provisions of Code Sections 11-2-602 through 11-2-609 shall not apply to the sale of a new motor vehicle if the consumer seeks to use the remedies provided for in this article.A consumer shall be deemed to have used the remedies provided for in this article when he or she completes, signs, and returns forms prescribed by the administrator for the submission of disputes to an informal dispute resolution settlement mechanism or to a panel, whichever occurs first. Such forms shall contain a conspicuous statement clearly advising the consumer of the rights the consumer is waiving by participating in the procedures under this article. A consumer may not use the remedies provided for in this article if the consumer has already sought to use the remedies provided for in Code Sections 11-2-602 through 11-2-609, unless the nonconformity did not exist or was not known at the time of using the remedies provided for in such Code sections. Manufacturers and consumers may not make new motor vehicle dealers or distributors parties to arbitration panel proceedings or any other proceedings under this article. The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement or manufacturer-distributor agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement or manufacturer-distributor agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer or distributor, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the “Georgia Motor Vehicle Franchise Practices Act.”

10-1-785

(a) No manufacturer or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer, except to sell for scrap, any motor vehicle which has been determined to have a serious safety defect by reason of a determination, adjudication, or settlement decision pursuant to this article or similar statute of any other state, unless the serious safety defect has been corrected; the manufacturer warrants in writing upon the resale, transfer, or lease that the defect has been corrected; and the transferor provides the manufacturer's written warranty under this Code section to the consumer.

(b) After replacement or repurchase pursuant to this article of a motor vehicle with a nonconformity, other than a serious safety defect, which has not been corrected, the manufacturer shall notify the administrator, by certified mail, upon receipt of the manufacturer's motor vehicle.If such nonconformity is corrected, the manufacturer shall notify the administrator in the same manner of such correction.If the two events described in this subsection occur within 30 days of one another, both notices may be combined into the same notice.

(c) Upon the resale, either at wholesale or retail, lease, transfer of title, or other transfer of a motor vehicle with a nonconformity, other than a serious safety defect, which has not been corrected and which was previously returned after a final determination, adjudication, or settlement under this article or under a similar statute of any other state, the manufacturer shall execute and deliver to the transferee before transfer to a consumer an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the administrator; the transferor shall deliver the instrument to the consumer before transfer.

(d) Upon the resale, either at wholesale or retail, lease, transfer of title, or other transfer of a motor vehicle found to have a nonconformity under this article which has been corrected, the manufacturer shall warrant in writing on forms prescribed by the administrator upon the transfer that the nonconformity has been corrected, and the manufacturer, its agent, the new motor vehicle dealer, or other transferor shall execute and deliver to the transferee before transfer an instrument in writing setting forth information identifying the nonconformity and indicating in a manner to be specified by the administrator that it has been corrected and providing an express manufacturer's warranty on the vehicle regarding the nonconformity for 12 months or 12,000 miles, whichever occurs first.

(e) For purposes of this Code section, the term “settlement” includes an agreement entered into between the manufacturer and the consumer that occurs after the dispute has been submitted to an informal dispute resolution settlement mechanism or has been deemed eligible by the administrator for arbitration before a panel.

10-1-786

(a) As provided in Code Section 10-1-794, the administrator may establish a new motor vehicle arbitration panel or panels to settle disputes between consumers and manufacturers as provided in this article. The panels shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this article.

(b) The administrator may adopt rules under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the uniform conduct of arbitrations by panels and by informal dispute resolution settlement mechanisms under this article, which rules may include, but not be limited to, the following:

(1) Procedures regarding presentation of oral and written testimony, witnesses and evidence relevant to the dispute, cross-examination of witnesses, and representation by counsel. The administrator shall provide by rule for oral hearings, when appropriate, in panel or informal dispute resolution settlement mechanism proceedings;(2) Procedures for production of records and documents requested by a party which the panel finds are reasonably related to the dispute;(3) Procedures for issuance of subpoenas on behalf of the panel by the administrator, which shall be enforced by the superior courts as in Code Section 10-1-398;(4) Procedures regarding written affidavits from employees and agents of a dealer, a manufacturer, any party, or from other potential witnesses and the consideration of such affidavits by a panel; and

(5) Records of panel proceedings and hearings shall be open to the public.

(c) A consumer shall exhaust any certified informal dispute resolution settlement procedure under Code Section 10-1-793 and the new motor vehicle arbitration panel remedy before filing any superior court action pursuant to Code Section 10-1-788.

(d) The administrator may adopt rules under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to implement this article. Such rules may include uniform standards by which the panel and any informal dispute resolution settlement mechanism under Code Section 10-1-793 shall make determinations under this article, including but not limited to rules which may provide for:

(1) Determining that a nonconformity exists;(2) Determining that a reasonable number of attempts to repair a nonconformity have been undertaken; or(3) Determining that a manufacturer has failed to comply with Code Section 10-1-784.

10-1-787

(a) A consumer shall request arbitration under this article by submitting a request in writing to the administrator.Except as otherwise provided in this article, disputes under the lemon law rights period shall be eligible for arbitration.The administrator shall make a reasonable determination of the eligibility of the request for arbitration and may provide necessary information to the consumer regarding the consumer's rights and remedies under this article.The administrator may adopt rules under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” regarding the eligibility of requests for arbitration. The administrator shall assign a dispute he deems eligible to a panel.

(b) Manufacturers shall submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator and by the panel.

(c) The new motor vehicle arbitration panel may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata, or beyond its authority.Any dispute deemed by the panel to be ineligible for arbitration due to insufficient evidence may be reconsidered by the panel upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this article.Following a second review, the panel may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this article.The administrator may adopt rules under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” governing rejection of disputes by a panel.A decision to reject any dispute for arbitration shall be sent by certified mail, return receipt requested, to the consumer and the manufacturer.

(d) An arbitration panel shall award the remedies under Code Section 10-1-784 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity.The panel may in its discretion award attorney's fees and technical or expert witness costs to a consumer.

(e) It is an affirmative defense to any claim under this article that: (1) the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle to the consumer; or (2) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.

(f) The panel's decision shall be sent by certified mail, return receipt requested, to the consumer.The consumer must reject the decision in writing by certified mail, return receipt requested, addressed to the panel within 30 days of receipt of the panel's decision, or he or she shall be deemed to have accepted the panel's decision.The panel shall immediately notify the manufacturer by certified mail, return receipt requested, whether the consumer has accepted, rejected, or has been deemed to have accepted.

(g) Upon receipt of the panel's notice, the manufacturer shall have 40 calendar days to comply with the arbitration panel decision or to file a petition of appeal in superior court.At the time the petition of appeal is filed, the manufacturer shall send, by certified mail, a conformed copy of such petition to the administrator.

(h) If, at the end of the 40 calendar day period, neither compliance with nor a petition to appeal the panel's decision has occurred, the administrator may impose a fine of up to $1,000.00 per day until compliance occurs or until a maximum penalty of double the value of the vehicle or $100,000.00, whichever is less, accrues.If the manufacturer can provide clear and convincing evidence either that any delay or failure was beyond its control, or that any delay was acceptable to the consumer, the fine shall not be imposed.If the manufacturer fails to provide such evidence or fails to pay the fine, the administrator may initiate proceedings against the manufacturer for failure to pay any accrued fine and may initiate proceedings on behalf of the state to require specific performance of an arbitration decision under this article.The administrator shall deposit any fines in the state treasury.

10-1-788

(a) After the manufacturer has received notice of the consumer's acceptance or rejection, the consumer or the manufacturer shall have 40 days to request a trial de novo of the arbitration decision in superior court.

(b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review.

(c) If the manufacturer appeals and the consumer prevails, recovery may include the monetary value of the award, collateral charges, continuing incidental costs, if any, and attorney's fees and costs.

10-1-789

(a) Effective July 1, 1990, a fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or a lease of each new motor vehicle.The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The first quarterly payments are due and payable on October 1, 1990, and shall be mailed by the dealer not later than October 10; thereafter, all payments are due and payable the first of the month in each quarter and shall be mailed by the dealer not later than the tenth day of such month.Moneys in the account shall be used for the purposes of this article, subject to appropriation. Funds in the new motor vehicle arbitration account shall be transferred to the general treasury at the end of each fiscal year. One dollar of each fee collected shall be retained by the dealer to cover administrative costs.

(b) At the end of each fiscal year, the administrator shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter.The Office of Planning and Budget shall provide the administrator with the figures regarding revenue generated.

(c) It is the intent of the General Assembly that any consumer who, on or after July 1, 1990, but prior to January 1, 1991, pays or should have paid the fee designated in this Code section shall be entitled to utilize the remedies provided in Code Sections 10-1-786, 10-1-787, and 10-1-788 in addition to any other remedies which exist in law or in equity regarding defective automobiles, notwithstanding the effective dates of this article or the effective dates of any provisions of this article.

10-1-790

A violation of this article, or any failure of any person, including a manufacturer or its agents, to honor any express warranty, automotive or otherwise, issued by that person, regardless of whether or not such warranty was purchased as a separate item by the consumer and regardless of whether or not any dispute under the warranty is deemed eligible for arbitration under this article, shall constitute an unfair and deceptive act or practice and a consumer transaction under Part 2 of Article 15 of this chapter.In determining whether there is an unfair and deceptive act or practice under this Code section, the principles in this article regarding a reasonable number of attempts may serve as guidelines. All public and private remedies provided under Part 2 of Article 15 of this chapter shall be available to enforce this article, subject to the affirmative defenses provided in Code Section 10-1-787, and except as provided in Code Section 10-1-784.

10-1-791

Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this article shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of a new motor vehicle.

10-1-792

Nothing in this article shall limit anyone from pursuing other rights or remedies under any other law, except as otherwise provided in this article.

10-1-793

(a) If a manufacturer has established an informal dispute resolution settlement mechanism in this state and is operating in accordance with rules promulgated by the administrator under this article, and the administrator has certified that the informal dispute resolution settlement procedure complies with and is operating in accordance with such rules, a consumer must submit a dispute under this article to the informal dispute resolution settlement procedure before submitting it to the new motor vehicle arbitration panel.The administrator may adopt rules consistent with this article under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” regarding the informal dispute resolution settlement mechanisms, including but not limited to the composition, function, training, procedures, and conduct of informal dispute resolution settlement mechanisms and including eligibility requirements and procedures for appeals to a panel.Such rules must be complied with prior to certification.

(b) Informal dispute resolution settlement mechanisms shall take into account the principles contained in this article and in any rules promulgated thereunder and shall take into account all legal and equitable factors germane to a fair and just decision.A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for collateral and incidental charges, and compensation for loss of value.For purposes of this Code section, the phrase: “Take into account the principles contained in this article” means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so.

(c) At any time the administrator has reason to believe that a certified informal dispute resolution settlement mechanism is not acting in conformity with this article or with rules promulgated thereunder, he may initiate proceedings under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to revoke the certification of the informal dispute resolution settlement mechanism.An informal dispute resolution settlement mechanism shall keep such records as prescribed by the administrator in rules under this article and shall submit without notice to inspection and copying of these records by the administrator's employees.Expenses of any copying shall be borne by the informal dispute resolution settlement mechanism.

10-1-794

The new motor vehicle arbitration panel or panels shall begin operating on January 2, 1991.The administrator in his discretion may establish and operate the panel or panels under any of the following procedures, provided that disputes filed during the same time period shall not be handled under different procedures: (1) contracting with private or public entities to conduct arbitrations under the procedures and standards in this article, (2) appointing private citizens to serve on a panel or panels, or (3) hiring temporary or permanent employees to serve on the panel or panels. Each new motor vehicle arbitration panel shall consist of three members, none of whom may be directly or indirectly involved in the manufacture, distribution, sale, or service of any motor vehicle or employed by or related to the consumer.All panel members shall have a degree from an American Bar Association Accredited School of Law or shall have at least two years' experience in professional arbitration.Any private citizens appointed by the administrator to serve as panel members shall be reimbursed for expenses as are members of the General Assembly and shall be compensated at an hourly rate as determined by the administrator. Temporary or permanent employees hired to serve on the panels shall be in the unclassified service and may serve on a full or part-time basis at a salary determined by the administrator.All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator.

Commentaires (2)

Hawaii loi de citron

August 31, 2006 at 11:34 am · Filed under Lemon Laws

Items that are covered under Hawaii Lemon Law
Self-propelled vehicles primarily designed for the transportation of persons or property over streets & highway which are used or bought for use primarily for personal, family, or household purposes. Includes dealer-owned vehicles and “demonstrators” or o
Hawaii Lemon Law may apply if the following has occurred
1 repair attempt for a defect that may cause death or serious injury or 3 repair attempts – 30 business days out of service
Length of time or miles before the Hawaii Lemon Law runs out
Express warranty period or 2 years or 24,000 miles.

Lemon Law in Hawaii

81I-1 Legislative intent.

The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the legislature to provide statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which is not brought into conformity with the applicable express warranties, as provided in this chapter. Finally, it is the intent of the legislature to ensure that consumers are made aware of their rights under this chapter and are not refused the information, documents, or service necessary to exercise their rights.

Nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law.

481I-2 Definitions.

When used in this section unless the context otherwise requires:

“Business day” means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.

“Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include, but are not limited to, manufacturer-installed or agent-installed items, general excise tax, license and registration fees, title charges, and similar government charges.

“Consumer” means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty.

“Express warranty” means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance.

“Incidental charges” means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims.

“Lemon law rights period” means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first.

“Lessee” means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle, or any consumer who leases a motor vehicle pursuant to a lease-purchase agreement.

“Motor vehicle” means a self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes. For purposes of this definition, a “motor vehicle” also includes a “demonstrator”, which means a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model or type, but does not include mopeds, motorcycles, or motor scooters, as those terms are defined in chapter 286, or vehicles over 10,000 pounds, gross vehicle weight rating. For purposes of this definition, a “motor vehicle” also includes (1) an individually registered vehicle used for an individual's business purposes and for personal, family, or household purposes; and (2) a vehicle owned or leased by a sole proprietorship, corporation or partnership which has purchased or leased no more than one vehicle per year, used for household, individual, or personal use in addition to business use.

“Nonconformity” means a defect, malfunction, or condition that fails to conform to the motor vehicle's applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer.

“Purchase price” means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. Where the consumer is a second or subsequent purchaser and the arbitration award is for a refund of the motor vehicle, “purchase price” means the purchase price of the second or subsequent purchase not to exceed the purchase price paid by the original purchaser.

“Reasonable offset” for use means the number of miles attributable to a consumer up to the date of the third repair attempt of the same nonconformity which is the subject of the claim, the date of the first repair attempt of a nonconformity that is likely to cause death or serious bodily injury, or the date of the thirtieth (30th) cumulative business day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first. The reasonable offset for use shall be equal to one percent of the purchase price for every thousand miles of use.

“Replacement motor vehicle” means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rust proofing, and factory or dealer installed options. A reasonable offset shall be made for the use of the motor vehicle and an additional offset may be made for loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from the nonconformity.

“Substantially impairs” means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle.

481I-3 Motor vehicle: express warranties, return.

(a) If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity in writing to the manufacturer, its agent, distributor, or its authorized dealer during the term of the lemon law rights period, then the manufacturer, or, at its option, its agent, distributor, 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 such term.

(b) If the manufacturer, its agents, distributors, 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, market value, or safety of the motor vehicle after a reasonable number of documented attempts, then the manufacturer shall provide the consumer with a replacement motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the following: the full purchase price including, but not limited to, charges for undercoating, dealer preparation, transportation and installed options, and all collateral and incidental charges, excluding finance and interest charges, and less a reasonable offset for the consumer's use of the motor vehicle. If either a replacement motor vehicle or a refund is awarded, an “offset” may be made for damage to the vehicle not attributable to normal wear and tear, if unrelated to the nonconformity. Refunds made pursuant to this subsection shall be deemed to be refunds of the sales price and treated as such for purposes of section 237-3. Refunds shall be made to the consumer and lien holder, if any, as their interests may appear on the records of ownership. If applicable, refunds shall be made to the lessor and lessee pursuant to rules adopted by the department of commerce and consumer affairs.

(c) It shall be an affirmative defense to any claim under this section that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.

(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if, during the lemon law rights period, any of the following occurs:

(1) The same nonconformity has been subject to examination or repair at least three times by the manufacturer, its agents, distributors, or authorized dealers, but such nonconformity continues to exists; or

(2) The nonconformity has been subject to examination or repair at least once by the manufacturer, its agents, distributors, or authorized dealers, but continues to be a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven; or

(3) The motor vehicle is out of service by reason of repair by the manufacturer, its agents, distributors, or authorized dealers for one or more nonconformities for a cumulative total of thirty or more business days during the lemon law rights period. The term of the lemon law rights 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, fire, flood or other natural disaster. The presumptions provided in this subsection shall not apply unless the manufacturer has received a written report of the nonconformity from the consumer and has had a reasonable opportunity to repair the nonconformity alleged. Upon a second notice of the nonconformity, or, if the motor vehicle has been out of service by reason of repair in excess of twenty business days, the dealer shall notify the manufacturer of the nonconformity.

(e) During the lemon law rights period, the manufacturer or its agent, distributor, or authorized dealer shall provide to the consumer, each time the consumer's vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made and all work performed on the vehicle, including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor supplied, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer. The consumer shall sign and receive a copy of the statement or repair order.

(f) Upon request from the consumer, the manufacturer, or at its option its agent, distributor, or authorized dealer, shall provide a copy of any report or computer reading regarding inspection, diagnosis, or test-drive of the consumer's motor vehicle, and shall provide a copy of any technical service bulletin related to the nonconformity issued by the manufacturer regarding the year and model of the consumer's motor vehicle as it pertains to any material, feature, component, or the performance thereof. Upon receipt of a consumer's written report of a nonconformity to the manufacturer, the manufacturer or, at its option, its agent, distributor, or authorized dealer, shall inform the consumer of any technical service bulletin or report relating to the nonconformity, and shall advise the consumer of the consumer's right to obtain a copy of such report or technical service bulletin.

(g) The manufacturer, its agent, distributor, or authorized dealer, shall provide the consumer at the time of purchase of the motor vehicle a written notice setting forth the terms of a state certified arbitration program and a statement of the rights of the consumer under this section in plain language, the form of which has been previously reviewed and approved by the department of commerce and consumer affairs for substantial compliance with title 16, Code of Federal Regulations, part 703, as may be modified by the requirements of this chapter. The written notice must specify the requirement that written notification to the manufacturer of the motor vehicle nonconformity is required before the consumer is eligible for a refund or replacement of the motor vehicle. The notice must also include the name and address to which the consumer must send such written notification. The provision of this statement is the direct responsibility of the dealer, as that term is defined in chapter 437.

(h) The consumer shall be required to notify the manufacturer of the nonconformity only if the consumer has received a written notice setting forth the terms of the state certified arbitration program and a statement of the rights of the consumer as set out in subsection (g).

(i) Where the state certified arbitration program is invoked by the consumer of a motor vehicle under express warranties, a decision resolving the dispute shall be rendered within forty-five days after the procedure is invoked. If no decision is rendered within forty-five days as required by this subsection, the dispute shall be submitted to the regulated industries complaints office of the department of commerce and consumer affairs for investigation and hearing. Any decision rendered resolving the dispute shall provide appropriate remedies including, but not limited to, the following:

(1) Provision of a replacement motor vehicle; or

(2) Acceptance of the motor vehicle from the consumer, refund of the full purchase price, and all collateral and incidental charges. The decision shall specify a date for performance and completion of all awarded remedies.

(j) Any action brought under this section must be initiated within one year following expiration of the lemon law rights period.

(k) No vehicle transferred to a dealer or manufacturer by a buyer or a lessee under subsection (b) may be sold or leased by any person unless:

(1) The nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser and must be in ten point, capitalized type, in substantially the following form: “IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY THE MANUFACTURER'S EXPRESS WARRANTY WAS NOT REPAIRED WITHIN A REASONABLE TIME AS PROVIDED BY HAWAII LAW.”;

(2) The defect is corrected; and

(3) The manufacturer warrants to the new buyer or lessee, in writing, that if the defect reappears within one year or 12,000 miles after the date of resale, whichever occurs first, it will be corrected at no expense to the consumer.

(l) A violation of subsection (k) shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480.

481I-4 Arbitration mechanism.

(a) The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with title 16, Code of Federal Regulations, part 703, as may be modified by this section, and shall adopt appropriate rules governing its operation.

(b) The director of commerce and consumer affairs may contract with an independent arbitration organization for annual term appointments to screen, hear, and resolve consumer complaints which have been initiated pursuant to section 481I-3. The following criteria shall be considered in evaluating the suitability of independent arbitration mechanisms: capability, objectivity, experience, non-affiliation with manufacturers of or dealers in new motor vehicles, reliability, financial stability, and fee structure.

(c) If a consumer agrees to participate in and be bound by the operation and decision of the state certified arbitration program, then all parties shall also participate in, and be bound by, the operation and decision of the state certified arbitration program. The prevailing party of an arbitration decision made pursuant to this section may be allowed reasonable attorney's fees.

(d) The submission of any dispute to arbitration in which the consumer elects non-binding arbitration shall not limit the right of any party to a subsequent trial de novo upon written demand made upon the opposing party to the arbitration within thirty calendar days after service of the arbitration award, and the award shall not be admissible as evidence at that trial. If the party demanding a trial de novo does not improve its position as a result of the trial by at least twenty-five per cent, then the court shall order that all of the reasonable costs of trial, consultation, and attorney's fees be paid for by the party making the demand. If neither party to a non-binding arbitration demands a trial de novo within thirty days after service of the arbitration award, the arbitrator's decision shall become binding on both parties upon the expiration of the thirty-day period.

(e) Funding of the state certified arbitration program shall be provided through an initial filing fee of $200 to be paid by the manufacturer and $50 to be paid by the consumer upon initiating a case for arbitration under this section. Every final decision in favor of the consumer issued by the independent arbitration mechanism shall include within its relief the return of the $50 filing fee to the consumer. The director of commerce and consumer affairs may establish a trust fund for the purpose of administering fees and costs associated with the state certified arbitration program.

(f) The failure of a manufacturer to timely comply with a binding decision of a state certified arbitration program shall be prima facie evidence of an unfair or deceptive act or practice under chapter 480 unless the manufacturer can prove that it attempted in “good faith” to comply, or that the failure was beyond the manufacturer's control, the result of a written agreement with the consumer, or based on an appeal filed under chapter 658.

Commentaires (1)