Bill Text: CT SB00375 | 2014 | General Assembly | Introduced


Bill Title: An Act Concerning Consumer Rental Car Cost Reimbursement And Used Motor Vehicle Warranties.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-06 - Public Hearing 03/11 [SB00375 Detail]

Download: Connecticut-2014-SB00375-Introduced.html

General Assembly

 

Raised Bill No. 375

February Session, 2014

 

LCO No. 2048

 

*02048_______GL_*

Referred to Committee on GENERAL LAW

 

Introduced by:

 

(GL)

 

AN ACT CONCERNING CONSUMER RENTAL CAR COST REIMBURSEMENT AND USED MOTOR VEHICLE WARRANTIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 42-221 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(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] required under this section by the use of [such] phrases such as "fifty-fifty", "labor only", "drive train only", or other words attempting to disclaim [his] the dealer's responsibility. Any warranty required under this section shall include coverage of the full cost of a rental motor vehicle for any day such used motor vehicle is not operational and is being repaired under the warranty.

(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] under 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 subsection (b) 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] consumer and the dealer prior to sale.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2014

42-221

Statement of Purpose:

To require used car dealers to pay a consumer's rental car costs for certain used cars being repaired under a used motor vehicle dealer warranty.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

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