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CONNECTICUT LEMON LAW
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 o要e 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 o要e 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 o要e 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 o要e-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 o要 the face of the
original title in letters at least o要e-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 o要 the face of the new
title in letters which are at least o要e-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 o要 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.
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 o要 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.
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.
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.
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 o要e or more
automobile dispute settlement panels which shall consist of three
members appointed by the Commissioner of Consumer Protection, o要ly
o要e 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 o要 or after
October 1, 1984, or leased at any time o要 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, o要
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 o要 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 o要 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 o要 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 o要 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 o要 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 o要
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 o要ly
to judicial review as set forth in this subsection. The decision
shall provide appropriate remedies, including, but not limited to
o要e 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 o要 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 o要e 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 o?n
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.
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 o要 October 1, 1982, and with the provisions of
subsection (b) of this section. The report and certification
shall be public records. The AttorneyGeneral 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 o要
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 o要 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
vehi cle available more than o要ce for inspection by a
manufacturer's representative, and more than o要ce 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 o要
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.
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.
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.
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.
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.
Sec. 42-190. New automobile warranties account surcharge. Account.
(a) A new automobile warranties account surcharge is hereby
imposed o要 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.
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