CONNECTICUT LEMON LAW:
There are two sets of Connecticut Statutes regarding the Lemon Law: one is regarding NEW motor vehicles; the other pertains to USED vehicles. See both below:
NEW VEHICLES:
Connecticut Lemon Law
Title 42, Chapter 743b
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, a passenger and commercial
motor vehicle or a motorcycle, 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 twenty-four 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 twenty 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 twenty-four 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; P.A. 97-6 amended the
definition of "motor vehicle" in Subsec. (a) to include a motorcycle as defined
in Sec. 14-1; P.A. 98-211 amended Subsec. (b) by changing eighteen thousand
miles to twenty-four thousand miles, amended Subsec. (d) by changing the
fraction denominator from one hundred thousand to one hundred twenty thousand,
and amended Subsec. (e) by changing eighteen thousand miles to twenty-four
thousand miles.
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 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; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1;
04-217, S. 33.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer
Protection with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6,
thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004; P.A. 04-217 eliminated reference to Sec.
14-1(11), effective January 1, 2005.
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; June 30 Sp. Sess.
P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, 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; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and
Department of Consumer Protection with Commissioner and Department of
Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger
of the Departments of Agriculture and Consumer Protection, effective June 1,
2004.
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 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- 225. 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 1-225. 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. 4-6.) *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; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S.
1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer
Protection with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6,
thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
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.)
Secs. 42-187 to 42-189. Reserved for future use.
Sec. 42-190. New automobile warranties account surcharge. Account.
(a) A new automobile warranties account surcharge is hereby imposed on the sale
or lease of each new motor vehicle, as defined in section 42-179, sold or leased
in this state by any person licensed to offer such vehicles for sale under
section 14-52. Such surcharge shall be in addition to any tax otherwise
applicable to any such sales transaction.
(b) The surcharge assessed pursuant to this section shall be at a rate of three
dollars per motor vehicle, as defined in section 42-179. Such surcharge shall be
collected by each licensee under section 14-52 engaged in the sale or lease of
motor vehicles, as defined in section 42-179, in this state.
(c) Proceeds collected from surcharges assessed under this section shall be
deposited in the new automobile warranties account established pursuant to
subsection (d) of this section.
(d) There is established a separate, nonlapsing account, within the General
Fund, to be known as the "new automobile warranties account". The account may
contain any moneys required by law to be deposited in the account. The moneys in
said account shall be allocated to the Department of Consumer Protection to
carry out the purposes of this chapter.
(June Sp. Sess. P.A. 01-9, S. 23, 24, 131; P.A. 02-82, S. 8; June 30 Sp. Sess.
P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001; P.A. 02-82 amended
Subsecs. (a) and (b) by imposing surcharge on sale or lease of each new motor
vehicle, as defined in Sec. 42-179, deleting references to "passenger vehicle or
motorcycle", and requiring surcharge to be collected by each licensee engaged in
sale or lease of motor vehicles; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169
replaced Department of Consumer Protection with Department of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of
June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of
Agriculture and Consumer Protection, effective June 1, 2004.
Secs. 42-191 to 42-199. Reserved for future use.
USED VEHICLES:
Connecticut Used Car Lemon Law
Title 42, Chapter 743f
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 section 14-1;
(3) "Used motor vehicle" means a used or secondhand motor vehicle, as defined in
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; P.A. 04-199, S.
15; 04-217, S. 34.)
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 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, and redefined "consumer" to specifically exclude 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, effective July 1, 1995;
P.A. 04-199, effective July 1, 2004, and P.A. 04-217, effective January 1, 2005,
both amended Subdivs. (2) and (3) to eliminate reference to Sec. 14-1(30) and
(62), respectively.
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.)
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