Connecticut Used Automobile Lemon Law Statutes
From the State of Connecticut website:
CHAPTER 743f*
USED AUTOMOBILE WARRANTIES
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.
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.
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.
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.
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.
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.
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.
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.
