Connecticut Lemon Law: Do You Qualify?

Connecticut lemon law at a glance

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Report the problem within two years after original delivery or the first 24,000 miles of operation, whichever ends first; the manufacturer, its agent or its authorized dealer must still make the repairs even if they are made after the period expires. For the presumption, the two-year and thirty-day periods (and, for a safety defect, the warranty term and one-year period) are extended while repair services are not available because of war, invasion, strike, fire, flood or other natural disaster.

Repair attempts

Four or more repairs of the same nonconformity by the manufacturer or its agents or authorized dealers in that period, if it continues to exist, create a presumption of a reasonable number of attempts. A defect likely to cause death or serious bodily injury needs only two repairs, within the express warranty term or one year after original delivery, whichever ends first.

Days out of service

A cumulative total of thirty or more calendar days out of service for repair in the same period. The statute says "cumulative total"; the Department of Consumer Protection says the days do not need to be consecutive.

Written notice

You need not notify the manufacturer unless the warranty or owner's manual clearly says written notification is required before a refund or replacement. At least one repair attempt, or a refusal to attempt repair, is required before any claim.

Arbitration and filing deadline

If the manufacturer has an Attorney General-certified dispute procedure, the refund or replacement provision does not apply to you until you have first resorted to it. Otherwise you may file with the Department of Consumer Protection for a $50 fee; the arbitrator must decide not later than sixty days after you file, though a later decision is not void, and the decision is final and binding as to your rights under § 42-179, subject only to judicial review. Chapter 743b sets no deadline for a court action; the four-year limit for breach of a sales contract (§ 42a-2-725), or for a lease the four-year limit of § 42a-2A-715, is the one our checker uses.

Used vehicles

The act protects a person to whom a vehicle is transferred during the duration of an express warranty applicable to it (§ 42-179(a)(1)), so a later owner can be covered while a warranty runs. Chapter 743f, on used automobile warranties, is a separate dealer-warranty law that is not covered here.

Refund

The manufacturer replaces the vehicle with a new one acceptable to you, or accepts its return and refunds the contract price, all collateral charges, finance charges after the first report and during out-of-service periods, and incidental damages if applicable, less an allowance for use. The refund goes to the consumer, the lessor and the lienholder as their interests may appear.

Proof and defenses

DCP's guide says the burden of proof is on the consumer. It is an affirmative defense that the nonconformity does not substantially impair use, safety or value, or results from abuse, neglect or unauthorized modification (§ 42-179(d)(4)). Section 42-179(i) leaves your other rights and remedies in place, and a dealer must give you copies of repair invoices on request (§ 42-179a).

Connecticut lemon law: frequently asked questions

How many repair attempts does the Connecticut lemon law require?

The statute presumes a reasonable number of attempts after four repairs of the same nonconformity within two years or the first 24,000 miles, whichever ends first, if the problem continues to exist. For a defect likely to cause death or serious bodily injury, two repairs within the express warranty term or one year after original delivery are enough. The presumption is not the only route: the underlying standard is a defect that substantially impairs use, safety or value after a reasonable number of attempts.

Do I have to send the manufacturer a notice first?

Only if the manufacturer clearly and conspicuously disclosed in the warranty or owner's manual that written notification is required before a refund or replacement. The manufacturer must give the name and address for the notice. No claim can be made unless at least one repair attempt was made, or the manufacturer, its agent or dealer refused to attempt a repair.

Do I have to go through the manufacturer's dispute program?

If the manufacturer's informal procedure is certified by the Attorney General, the refund or replacement provision does not apply to a consumer who has not first used it. If there is no certified procedure, you may bring a grievance to arbitration at the Department of Consumer Protection. Whether any manufacturer is currently certified is not something this page can tell you.

How long do I have to sue?

Chapter 743b states no deadline for a court action. An action for breach of a sales contract must be started within four years after the cause of action accrued, and a breach of warranty occurs when tender of delivery is made unless the warranty explicitly extends to future performance. For a lease, an action for default must be started within four years after the right of action accrued, which is when the breach is or should have been discovered. A claim under the Connecticut Unfair Trade Practices Act may not be brought more than three years after the violation. If you use state arbitration and then go to court, a motion to vacate, modify or correct the award must be made within thirty days of notice of the award.

What can I recover if my car qualifies in Connecticut?

The manufacturer must replace the vehicle with a new one acceptable to you, or accept its return and refund the contract price, collateral charges such as sales tax and registration fees, finance charges after you first reported the problem and during time out of service, and incidental damages, less an allowance for use: the contract price times the miles the vehicle traveled before the manufacturer accepts the return, divided by 120,000. The refund goes to the consumer, the lessor and the lienholder as their interests may appear. A court may award costs and reasonable attorney's fees in its discretion, or award them to the defendant if the action was brought without any substantial justification.

Statutes cited on this page

• Conn. Gen. Stat. § 42-179(a) (definitions: "consumer" includes the purchaser, a lessee and a person to whom the vehicle is transferred during an express warranty; "motor vehicle" sold or leased in this state)
• Conn. Gen. Stat. § 42-179(b) (duty to repair; two years or first 24,000 miles, whichever period ends first)
• Conn. Gen. Stat. § 42-179(e)(1) (presumption of a reasonable number of attempts: four repairs of the same nonconformity or 30 days out of service)
• Conn. Gen. Stat. § 42-179(f) (safety variant: two repairs within the warranty term or one year, whichever ends first)
• Conn. Gen. Stat. § 14-1(73), (74) (definitions: passenger and commercial motor vehicle; passenger motor vehicle)
• Conn. Gen. Stat. § 14-1(16) (definition: combination registration, 12,500-pound limit)
• Conn. Gen. Stat. § 42-179(c) (written notice to the manufacturer only if the warranty or owner's manual clearly requires it)
• Conn. Gen. Stat. § 42-179(d)(4) (affirmative defenses: no substantial impairment; abuse, neglect or unauthorized modification)
• Conn. Gen. Stat. § 42-179(d)(1) (manufacturer replaces the vehicle or accepts return and refunds the contract price, collateral charges, finance charges and incidental damages, less an allowance for use)
• Conn. Gen. Stat. § 42-179(d)(3) (allowance for use: contract price times miles over 120,000)
• Conn. Gen. Stat. § 42-179(j) (Attorney General-certified manufacturer procedure must be tried first for refund or replacement)
• Conn. Gen. Stat. § 42-181(b) (Department of Consumer Protection arbitration where no certified manufacturer procedure exists; $50 filing fee)
• Conn. Gen. Stat. § 42-181(d) (arbitration decision due within sixty days; final and binding, subject only to judicial review)
• Conn. Gen. Stat. § 42-186 (a lessee suing notifies the lessor by registered or certified mail)
• Conn. Gen. Stat. § 42-180 (costs and attorney's fees in breach of warranty actions)
• Conn. Gen. Stat. § 42-184 (a violation of sections 42-179 and 42-181 to 42-183 is an unfair or deceptive trade practice)
• Conn. Gen. Stat. § 42-110g(a) (CUTPA action: actual damages; punitive damages in the court's discretion)
• Conn. Gen. Stat. § 42a-2-725(1) (four-year limitation for breach of a contract for sale; chapter 743b states no period of its own, and this is the period the checker applies)
• Conn. Gen. Stat. § 42a-2A-715(a), (b) (four-year limitation for an action on a lease contract, running from discovery; chapter 743b states no period of its own)
• Conn. Gen. Stat. § 42-110g(f) (CUTPA: three years after the violation)
• DCP, Back in the Driver's Seat (2017), p. 13 (posted notices in dealerships; agency guidance, not statute)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.