Connecticut State Statutes
Title-42, Chapter 743b
Business, Selling, Trading and Collection Practices
New Automobile Warranties
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
lien holder, 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 lien holder 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.
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.
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.
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.
Title 42, Chapter 743f
Used Automobile Warranties
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.
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.
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.)
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.)
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.
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.)
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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