August 31, 2006 at 11:34 am · Filed under Lemon Laws
Items that are covered under Arkansas Lemon Law
Vehicle purchased or leased for transportation of persons or property, excluding living facilities of a mobile home or vehicles over 10,000 lbs.-but including motor homes. Excludes motorcycles and mopeds.
Arkansas 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 calendar days out of service, or 5 repair attempts on separate occasions to repair any non conformities that together impair the use and value of the vehicle.
Length of time or miles before the Arkansas Lemon Law runs out
2 years or 24,000 miles, whichever occurs last.
Lemon Law in Arkansas
§ 4-90-401. Title.
This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.
History. Acts 1993, No. 285, § 1; 1993, No. 297, § 1.
§ 4-90-402. Legislative determinations and intent.
The Arkansas General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The Arkansas General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the Arkansas General Assembly 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 Arkansas General Assembly 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 subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law. History. Acts 1993, No. 285, § 2; 1993, No. 297, § 2.
§ 4-90-403. Definitions.
As used in this subchapter, unless the context otherwise requires: (1)Ê”Calendar day” means any day of the week other than a legal holiday; (2)Ê”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 subchapter, collateral charges include, but are not limited to, manufacturer-installed or agent-installed items, earned finance charges, sales taxes, title charges, and charges for extended warranties provided by the manufacturer, its subsidiary, or agent; (3)Ê”Condition” means a general problem that may be attributable to a defect in more than one (1) part; (4) “Consumer” means the purchaser or lessee, other than for the purposes of lease or resale, of a new or previously untitled motor vehicle, or any other person entitled by the terms of the warranty to enforce the obligations of the warranty during the duration of the motor vehicle quality assurance period, provided the purchaser has titled and registered the motor vehicle as prescribed by law; (5) “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; (6) “Lease price” means the aggregate of: (A) The lessor’s actual purchase costs; (B) Collateral charges, if applicable; (C) Any fee paid to another person to obtain the lease; (D) Any insurance or other costs expended by the lessor for the benefit of the lease; (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; and (F) An amount equal to five percent (5%) of the lessor’s actual purchase price; (7) “Lessee” means any consumer who leases a motor vehicle for one (1) year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle; (8) “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle; (9) “Lessor” means a person who holds title to a motor vehicle leased to a lessee under the written lease agreement or who holds the lessor’s rights under such agreement; (10) “Manufacturer” means: (A) Any person who is engaged in the business of constructing or assembling new motor vehicles or installing, on previously assembled vehicle chassis, special bodies or equipment which, when installed, form an integral part of the new motor vehicle; or (B) In the case of motor vehicles not manufactured in the United States, any person who is 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) “Motor vehicle” or “vehicle” means any self-propelled vehicle licensed, purchased, or leased in this state and primarily designed for the transportation of persons or property over the public streets and highways, but does not include mopeds, motorcycles, the living facilities of a motor home, or vehicles over ten thousand pounds (10,000 lbs.) gross vehicle weight rating. For purposes of this definition, the limit of ten thousand pounds (10,000 lbs.) gross vehicle weight rating does not apply to motor homes; (12) “Motor vehicle quality assurance period” means a period of time that: (A) Begins: (i) On the date of original delivery of a motor vehicle; or (ii) In the case of a replacement vehicle provided by a manufacturer to a consumer under this subchapter, on the date of delivery of the replacement vehicle to the consumer; and (B) Ends twenty-four (24) months after the date of the original delivery of the motor vehicle to a consumer, or the first twenty-four thousand (24,000) miles of operation attributable to the consumer, whichever is later; (13) “Nonconformity” means any specific or generic defect or condition or any concurrent combination of defects or conditions that: (A) Substantially impairs the use, market value, or safety of a motor vehicle; or (B) Renders the motor vehicle nonconforming to the terms of an applicable manufacturer’s express warranty or implied warranty of merchantability; (14) “Person” means any natural person, partnership, firm, corporation, association, joint venture, trust, or other legal entity; (15) “Purchase price” means the cash price paid for the motor vehicle appearing in the sales agreement or contract, including any net allowance for a trade-in vehicle; (16) “Replacement motor vehicle” means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle replaced existed at the time of the original acquisition; and (17) “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 such material or workmanship is free of defects or will meet a specified level of performance. History. Acts 1993, No. 285, § 3; 1993, No. 297, § 3; 1995, No. 302, § 1.
§ 4-90-404. Notice by consumer - Disclosure by manufacturer, agent, or dealer.
(a)(1) A consumer must notify the manufacturer of a claim under this subchapter if the manufacturer has made the disclosure required by subsection (b) of this section. (2) However, if the manufacturer has not made the required disclosure, the consumer is not required to notify the manufacturer of a claim under this subchapter. (b)(1) At the time of the consumer’s purchase or lease of the vehicle, the manufacturer, its agent, or an authorized dealer shall provide to the consumer a written statement that explains the consumer’s rights and obligations under this subchapter. (2) The written statement shall be prepared by the Consumer Protection Division of the Office of the Attorney General and shall include the telephone number of the Consumer Protection Division that the consumer can contact to obtain information regarding his or her rights and obligations under this subchapter. (3) For each failure of the manufacturer, its agent, or an authorized dealer to provide to a consumer the written statement required under this section, the manufacturer shall be liable to the State of Arkansas for a civil penalty of not less than twenty-fivej·a6 (c)(1) The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner’s manual, that written notice of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle. (2) The manufacturer shall provide the consumer with conspicuous notice of the address and phone number for its zone, district, or regional office for this state at the time of vehicle acquisition, to which the buyer must send notification. History. Acts 1993, No. 285, § 5; 1993, No. 297, § 5; 1995, No. 302, § 2.
§ 4-90-405. Required warranty repairs.
If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make such repairs as are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection. History. Acts 1993, No. 285, § 4; 1993, No. 297, § 4.
§ 4-90-406. Failure to make required repairs.
(a)(1) After three (3) attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one (1) attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer shall give written notification, by certified or registered mail, to the manufacturer of the need to repair the nonconformity in order to allow the manufacturer a final attempt to cure the nonconformity. (2) The manufacturer shall, within ten (10) days after receipt of the notification, notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility, and, after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within ten (10) days, conform the motor vehicle to the warranty. (3) If the manufacturer fails to notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility or fails to 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 and a nonrebuttable presumption of a reasonable number of attempts to repair arises. (b)(1)(A) If the manufacturer, its agent, or authorized dealer has not conformed the motor vehicle to the warranty by repairing or correcting one (1) or more nonconformities that substantially impair the motor vehicle after a reasonable number of attempts, the manufacturer, within forty (40) days, shall: (i) At the time of its receipt of payment of a reasonable offset for use by the consumer, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer; or (ii) Repurchase the motor vehicle from the consumer or lessor and refund to the consumer or lessor the full purchase price or lease price, less a reasonable offset for use and less a reasonable offset for physical damage sustained to the vehicle while under the ownership of the consumer. (B) The replacement or refund shall include payment of all collateral and reasonably incurred incidental charges. (2)(A) The consumer shall have an unconditional right to choose a refund rather than a replacement. (B) At the time of such refund or replacement, the consumer, lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle. (3) The amount of reasonable offset for use by the consumer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the consumer, including any charges for transportation and manufacturer-installed or agent-installed options, by a fraction having as its denominator one hundred twenty thousand (120,000) and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer, its agent, or authorized dealer for correction of the problem that gave rise to the nonconformity. History. Acts 1993, No. 285, § 6; 1993, No. 297, § 6; 1995, No. 302, § 3.
§ 4-90-407. Refunds.
(a)(1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear. (2) If applicable, refunds shall be made to the lessor and lessee as follows: (A) The lessee shall receive the lessee cost less a reasonable offset for use; and (B) The lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle. (b) If the manufacturer makes a refund to the lessor or lessee pursuant to this subchapter, 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. (c) If a replaced vehicle was financed by the manufacturer, its subsidiary, or agent, the manufacturer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement vehicle that would create any financial obligations upon the buyer beyond those of the original financing agreement. History. Acts 1993, No. 285, § 7; 1993, No. 297, § 7.
§ 4-90-408. Reimbursement of towing and rental costs.
Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity. History. Acts 1993, No. 285, § 10; 1993, No. 297, § 10.
§ 4-90-409. Option to retain use of vehicle.
A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value. History. Acts 1993, No. 285, § 11; 1993, No. 297, § 11.
§ 4-90-410. Presumption of reasonable attempts to repair - Extension of time to repair in case of war, invasion, strike, fire, flood, or natural disaster.
(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if: (1) The nonconformity has been subject to repair as provided in § 4-90-406(a), but the nonconformity continues to exist; (2) The vehicle is out of service by reason of repair, or attempt to repair, any nonconformity for a cumulative total of thirty (30) calendar days; or (3) There have been five (5) or more attempts, on separate occasions, to repair any nonconformities that together substantially impair the use and value of the motor vehicle to the consumer. (b)(1) The thirty (30) calendar days in subdivision (a)(2) of this section shall be extended by any period of time during which repair services are not available as a direct result of war, invasion, strike, fire, flood, or natural disaster. (2) The manufacturer, its agent, or authorized dealer shall provide or make provisions for the free use of a vehicle to any consumer whose vehicle is out of service beyond thirty (30) days by reason of delayed repair as a direct result of war, invasion, strike, fire, flood, or natural disaster. (c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) of this section was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event. History. Acts 1993, No. 285, § 12; 1993, No. 297, § 12.
§ 4-90-411. Diagnosis or repair - Documentation.
(a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this subchapter. (b)(1) A manufacturer, its agent, or authorized dealer shall provide a consumer with a written repair order each time the consumer’s vehicle is brought in for examination or repair. (2) The repair order must indicate all work performed on the vehicle, including examination of the vehicle, parts, and labor. History. Acts 1993, No. 285, § 13; 1993, No. 297, § 13.
§ 4-90-412. Resale of returned nonconforming vehicle.
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. History. 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. History. 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 C.F.R. § 703.1 et seq., as in effect on the date of adoption of this subchapter, unless any provision of 16 C.F.R. § 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. History. 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. History. 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. History. 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. History. Acts 1993, No. 285, § 21; 1993, No. 297, § 21.
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.
(P.A. 82-287; P.A. 83-351, S. 1; 83-458; P.A. 84-338, S. 3, 8; 84-429, S. 75; P.A. 85-331, S. 1, 6; 85-613, S. 132, 154; P.A. 87-342, S. 1, 5; 87-522, S. 2, 6; P.A. 89-173, S. 1, 2; P.A. 92-190; P.A. 93-435, S. 14, 95.)
History: P.A. 83-351 amended Subsec. (a) to provide that the definitions therein also apply to Sec. 42-180; P.A. 83-458 amended Subsec. (c) by prohibiting manufacturers from holding dealers liable for refunds or vehicle replacements under certain circumstances; P.A. 84-338 created a period during which a consumer may require a manufacturer or dealer to repair a nonconformity existing in a new motor vehicle sold on or after July 1, 1984, outlined requirements concerning notifying the manufacturer of a nonconformity, specified the elements included in a refund of the contract price, required that a replacement vehicle be acceptable to the consumer, defined a defect as anything which impairs the use, safety or value of the vehicle, redefined the amount deducted for reasonable allowance for use, required disclosure that any vehicle which requires refund or replacement and which is being resold has been returned, and established that a manufacturer’s informal dispute resolution procedure must comply with Title 16, Code of Federal Regulations Part 703 as in effect on October 1, 1982; P.A. 84-429 made technical changes for statutory consistency; P.A. 85-331 amended Subsec. (i) by specifying that a manufacturer’s informal dispute resolution procedure must be certified by the attorney general as complying with Title 16 Code of Federal Regulations, Part 703, as in effect on October 1, 1982, and with the provisions of Subsec. (b) of Sec. 42-182, or order to come within the provision of this section; P.A. 85-613 made technical changes in Subsec. (e); P.A. 87-342 extended the provisions of the section to leased vehicles, removed obsolete language and made technical changes; P.A. 87-522 amended Subsecs. (b) and (e) by removing archaic language and making other technical changes, inserted a new Subsec. (f) concerning motor vehicles which have a nonconformity which results in a condition which is likely to cause death or serious bodily injury if the vehicle is driven, relettered the remaining existing Subsecs. and amended the relettered Subsec. (g) by requiring a manufacturer who accepts the return of a motor vehicle due to a defect or nonconformity to notify the department of motor vehicles; P.A. 89-173 amended Subsec. (e) to require at least one repair attempt prior to making of a claim and amended Subsec. (g) to require persons other than manufacturers to make disclosures and to provide for regulations by the commissioner of motor vehicles concerning the format, nature and time period of information required; P.A. 92-190 amended Subsec. (g) to make chapter apply to “transferred” vehicles and to specify that the required written disclosure “shall be affixed to the motor vehicle and shall be included in any contract for sale or lease”, dividing Subsec. into Subdivs. and adding provisions designated as Subdiv. (2) which, among other things, provided for the stamping of the words “manufacturer buyback” on the original title of any buyback vehicle and added Subdiv. (4) specifying applicability to vehicles returned in another state because of nonconformity or defect and subsequently sold in this state; P.A. 93-435 reinstated language last printed in the 1991 revision, but dropped in the 1993 revision due to a clerical error, effective June 28, 1993.
Cited. 203 C. 63, 67, 69, 71, 73, 74, 78. Cited. 209 C. 579, 584587. Lemon law I cited. Id. Cited. 212 C. 83, 88. Motorcycles fall within definition of “motor vehicle”. 40 CS 156158. Subsec. (a): Cited. 40 CS 156, 157. Subsec. (d): Cited. 203 C. 63, 78, 79. Cited. 209 C. 579, 587. Cited. 213 C. 136, 140, 142, 143. Subsec. (g): Cited. 209 C. 579, 587. Subsec. (i): Cited. 209 C. 579, 587. Cited. 212 C. 83, 88, 89, 93.
Sec. 42-179a. Copies of paperwork or invoices.
A dealer or authorized agent of a manufacturer shall, upon the request of a consumer, provide such consumer with copies of any paperwork or invoices related to repair work performed on such consumer’s automobile in accordance with the provisions of subsection (b) of section 42-179. Any person who violates the provisions of this section shall be guilty of an infraction.
(P.A. 85-331, S. 4, 6.) Cited. 203 C. 63, 73, 74. Cited. 209 C. 579, 585.
Sec. 42-179b. Dealers and lessors to deliver information.
Each motor vehicle dealer, as defined in subsection (11) of section 14-1, and each person engaged in the business of leasing new motor vehicles shall, at the time of sale or execution of the lease of any new motor vehicle, deliver to the consumer, as defined in subdivision (1) of subsection (a) of section 42-179, of such vehicle written information, in a form approved by the Commissioner of Consumer Protection, which explains the new automobile warranty and dispute settlement program established pursuant to this chapter.
(P.A. 89-173, S. 4.)
Sec. 42-180. Costs and attorney’s fees in breach of warranty actions.
In any action by a consumer against the manufacturer of a motor vehicle, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff his costs and reasonable attorney’s fees or, if the court determines that the action was brought without any substantial justification, may award costs and reasonable attorney’s fees to the defendant.
(P.A. 83-351, S. 2; P.A. 87-342, S. 2, 5.) History: P.A. 87-342 extended provisions of section to leased vehicles. Cited. 209 C. 579, 586, 587.
Sec. 42-181. Department arbitration procedure.
Records. Appeals.
(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.
(P.A. 84-338, S. 1; P.A. 85-331, S. 2, 6; P.A. 87-342, S. 3, 5; 87-522, S. 3, 6; P.A. 89-173, S. 3, 7; P.A. 90-8, S. 1, 2; P.A. 96-259, S. 1.) History: P.A. 85-331 changed department panel to arbitration panel, deleted the requirement that a consumer return the complaint form within five days from Subsec. (b), sanctioned the use of a technical expert with credentials from a nationally recognized organization, prohibited the commissioner from altering the decision of an arbitration panel, and allowed either party to appeal the decision of an arbitration panel to superior court in Subsec. (c), and in Subsec. (f) required the attorney general to establish procedures for processing consumer complaints and maintaining records; P.A. 87-342 amended Subsec. (b) by extending the provisions of the section to leased vehicles; P.A. 87-522 amended Subsec. (b) by providing that the department of consumer protection shall conduct an initial review of a complaint, and that such initial review may be reviewed by an arbitration panel upon written request of a consumer, provided such panel may determine that the complaint does not allege a violation of Sec. 42-179 at any time and amended Subsec. (c) by providing that the failure of the arbitrators to render a decision within sixty days shall not void any subsequent decision or otherwise limit the power of the arbitrators, eliminated the remedy of repair of the vehicle, requiring a party moving for an order confirming or modifying any award to mail a copy of the application as subsequent entry of judgment to the attorney general and provided that each day a manufacturer fails to perform all awarded remedies shall be deemed a separate violation for purposes of Sec. 42-184; P.A. 89-173 amended Subdiv. (4) of Subsec. (c) to exclude repair from the list of remedies; P.A. 90-8 amended Subsec. (c) to specify that arbitration panel is to base its determination of liability solely on question of compliance with Sec. 42-179, to specify that decision is final and binding subject only to judicial review and to specify limits of inquiry under judicial review; P.A. 96-259 amended Subsec. (d) to require the department to compile statistics annually rather than at intervals of no more than six months.
Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579581, 583, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8894, 97. Lemon Law II cited. Id. Cited. 213 C. 136138, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec. (a): Cited. 212 C. 83, 88. Subsec. (b): Cited. 203 C. 63, 66, 73. Cited. 209 C. 579, 585, 595. Cited. 212 C. 83, 88, 90, 98. Subsec. (c): Cited. 203 C. 63, 66, 73, 78. Court concluded general assembly intended to authorize arbitrators to award reasonable attorneys’ fees to consumers who prevail. 209 C. 579, 585, 595. Subdiv. (5) cited. Id., 579, 587, 588, 593. Subdiv. (4) cited. Id., 579, 589. Judicial review procedures are constitutionally insufficient. 212 C. 83, 84, 8890, 93, 9597. Subdiv. (2) cited. 213 C. 136, 142. Cited. 226 C. 475, 492. Subsec. (e): Cited. 212 C. 83, 88. Subsec. (g): Cited. 203 C. 63, 66.
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.
(P.A. 84-338, S. 2, 8; P.A. 85-331, S. 3, 6; P.A. 87-522, S. 5, 6; P.A. 88-230, S. 1, 12; 88-317, S. 94, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 46.) *Note: On and after September 1, 1998, the phrase “judicial district of Hartford” shall be substituted for “judicial district of Hartford-New Britain”.
History: P.A. 85-331 empowered the attorney general to conduct hearings in connection with the certification or evaluation of manufacturer’s informal dispute settlement procedures, prohibited informal dispositions, unless such proceeding is open to the public, provided for the revocation of certification, appeals from decisions of the attorney general, required meetings relating to certification or evaluation to be open to the public, deleted the attorney general’s power to adopt regulations, prohibited manufacturer’s settlement procedures from failing to conform to standards of this chapter in processing consumer complaints; P.A. 87-522 amended Subsec. (a) by authorizing the attorney general to issue written interrogatories and prescribing the manner in which subpoenas may be served, and amended Subsec. (c) by specifying the type of records which manufacturers operating or participating in informal dispute settlement procedure are required to keep; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (a) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 8385, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id. Subsec. (b): Cited. 209 C. 579, 587.
Sec. 42-183. Institution of proceedings.
The Commissioner of Consumer Protection may, in consultation with the Commissioner of Motor Vehicles, request institution of proceedings under section 14-67c against any manufacturer found to have failed to comply with the provisions of sections 42-179, 42-181 and 42-182, this section and section 42-184.
(P.A. 84-338, S. 4, 8.) Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.
Sec. 42-184. Unfair trade practices.
A violation of any of the provisions of sections 42-179 and 42-181 to 42-183, inclusive, shall be deemed an unfair or deceptive trade practice under chapter 735a.
(P.A. 84-338, S. 5, 8.) Cited. 203 C. 63, 65, 66, 70, 7380. Cited. 209 C. 579, 585, 586, 589, 590, 592594, 596. Lemon Law II cited. Id. Cited. 212 C. 83, 84, 8893, 97. Lemon Law II cited. Id. Cited. 213 C. 136, 137, 141, 142, 144. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.
Sec. 42-185. Waiver of filing fees, statement prohibited.
Notwithstanding the provisions of any general statute, regulation or grant of authority to the contrary, no filing fee or statement required under the provisions of this chapter shall be waived, refunded, reduced or withheld from use, by the state pursuant to any contract, stipulated settlement, consent order, administrative directive or by any other means except as provided in this chapter or by order of a court of competent jurisdiction made upon proof of economic hardship and a finding that such settlement, consent order, directive or other action is in the public interest.
(P.A. 85-331, S. 5, 6.) Cited. 203 C. 63, 73. Cited. 209 C. 579, 585. Cited. 212 C. 83, 84, 8893, 97, 99. Lemon Law II cited. Id. Cited. 218 C. 646, 659, 660. Lemon Law II cited. Id.
Sec. 42-186. Action brought by lessee against manufacturer.
Lessee to notify lessor. Lessor authorized to petition to be made a party to proceeding. In any action by a consumer who is a lessee against the manufacturer of a motor vehicle, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with the lease of such motor vehicle pursuant to section 42-179, the lessee shall, at the time of the service of process upon such manufacturer, manufacturer’s agent or authorized dealer, notify the lessor of such motor vehicle of such action by registered or certified mail, return receipt requested, and such lessor may petition the court to be made a party to the proceedings.
(P.A. 87-342, S. 4, 5.)
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.
(P.A. 87-393, S. 1; P.A. 92-20, S. 1, 2; P.A. 95-121, S. 1, 2.) History: P.A. 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; P.A. 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.
(P.A. 87-393, S. 2.) Subsec. (b): Cited. 31 CA 634, 635.
Sec. 42-222. Effect of notification of breach of warranty during warranty period.
A dealer 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.
(P.A. 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.
(P.A. 87-393, S. 4.) Sec. 42-224. “As is” sales.
Disclaimer.
(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.
(P.A. 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.
(P.A. 87-393, S. 6; P.A. 93-397, S. 1.) History: P.A. 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.
(P.A. 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.
(P.A. 93-397, S. 3.)
