Table of Contents Sec. 42-220. Definitions. As used in sections 42-220 to 42-226, inclusive: 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. 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. 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. 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. 42-220. Definitions.
Sec. 42-221. Implied warranties. Express warranties. Exemptions. Waiver.
Sec. 42-222. Effect of notification of breach of warranty during warranty period.
Sec. 42-223. Extensions of warranty period. Voidable agreements.
Sec. 42-224. "As is" sales. Disclaimer.
Sec. 42-225. Deceptive statements. Motor vehicle declared constructive total loss. Disclosure required. Promise to repair.
Sec. 42-226. Independent inspection.
Sec. 42-226a. Penalty.
(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.
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(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.
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(P.A. 87-393, S. 3.)
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(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.)
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(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.)
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(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.
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(P.A. 87-393, S. 7.)
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