Lemon Law Complaint

CONNECTICUT LEMON LAW COMPLAINT

1. CAPTION

SUPERIOR COURT

JUDICIAL DISTRICT OF [JUDICIAL DISTRICT]

AT [COURT LOCATION]

DOCKET NO. [________________________________]

COMPLAINT FOR BREACH OF MOTOR-VEHICLE WARRANTY AND VIOLATION OF CONNECTICUT'S NEW AUTOMOBILE WARRANTIES LAW; JURY CLAIM

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] resides in [TOWN / COUNTY / STATE] and purchased or leased the Vehicle described below for purposes other than resale.

2. Defendant [MANUFACTURER] manufactured the Vehicle, issued or is obligated under the express warranty attached as Exhibit A, and may be served through [AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN DEMAND].

4. Venue is proper in this Judicial District because [STATE THE FACTS SUPPORTING VENUE].

3. VEHICLE, TRANSACTION, AND COVERAGE

5. On [DATE], Plaintiff took original delivery of a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING / LEASING DEALER] under the transaction documents attached as Exhibit B.

6. Plaintiff is a purchaser, lessee, transferee during the express-warranty term, or other person entitled by the warranty to enforce it and therefore is a “consumer” under Conn. Gen. Stat. § 42-179(a)(1).

7. The Vehicle is a passenger motor vehicle, passenger and commercial motor vehicle, or motorcycle sold or leased in Connecticut and therefore is a covered “motor vehicle” under § 42-179(a)(2).

8. The Vehicle had an applicable express warranty with a term ending [DATE / YEARS / MILEAGE]. The warranty is attached as Exhibit A.

4. NONCONFORMITY AND REPAIR HISTORY

9. Within the earlier of two years after original delivery or the first 24,000 miles of operation, Plaintiff reported the following failure or failures to conform to the express warranty:

[DESCRIBE EACH DEFECT OR CONDITION, WHEN IT APPEARED, THE WARRANTY PROVISION, AND ITS EFFECT ON USE, SAFETY, OR VALUE].

10. The nonconformity substantially impaired the Vehicle's [USE / SAFETY / VALUE] to Plaintiff and did not result from abuse, neglect, or an unauthorized modification or alteration. Conn. Gen. Stat. § 42-179(d)(1), (4).

11. Plaintiff first reported and presented the Vehicle for repair on [DATE], at [MILEAGE] miles.

12. The repair history is documented by the repair orders attached as Exhibit C:

13. At least one repair attempt was made, or Defendant, its agent, or an authorized dealer refused to attempt repair. Conn. Gen. Stat. § 42-179(e)(3).

14. Select every applicable allegation:

• ☐ The same nonconformity was subject to repair at least four times during the applicable two-year / 24,000-mile period, but it continues to exist. Conn. Gen. Stat. § 42-179(e)(1)(A).
• ☐ The Vehicle was out of service for repair for at least 30 cumulative calendar days during the applicable two-year / 24,000-mile period. Conn. Gen. Stat. § 42-179(e)(1)(B).
• ☐ A nonconformity likely to cause death or serious bodily injury if the Vehicle is driven was subject to repair at least twice during the shorter of the express-warranty term or one year after original delivery, but it continues to exist. Conn. Gen. Stat. § 42-179(f).
• ☐ Even if a statutory presumption is disputed, Defendant had a reasonable number of attempts under the facts proved.

15. Any claimed extension of a statutory time or out-of-service period must be limited to a period when repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster. Conn. Gen. Stat. § 42-179(e)(2), (f).

5. MANUFACTURER NOTICE AND INFORMAL PROCEDURE

16. Select the applicable written-notice allegation under Conn. Gen. Stat. § 42-179(c):

• ☐ The warranty or owner's manual clearly and conspicuously required written notice and supplied a notice name and address. Plaintiff sent the required notice on [DATE]; the notice and delivery proof are attached as Exhibit D.
• ☐ The warranty and owner's manual did not make the disclosure required by § 42-179(c), so Plaintiff was not required to give the manufacturer separate written claim notice before becoming eligible for refund or replacement.

17. Select the applicable certified-procedure allegation under § 42-179(j):

• ☐ Defendant had an informal dispute-settlement procedure certified by the Attorney General as satisfying § 42-179(j). Plaintiff first resorted to that procedure on [DATE], completed it on [DATE], and attaches the result as Exhibit E.
• ☐ Defendant had no informal procedure certified under § 42-179(j), so prior resort to a manufacturer procedure was not required for the refund-or-replacement remedy.

18. Optional Department of Consumer Protection allegation:

• ☐ Plaintiff submitted a grievance to the Department's independent arbitration procedure under Conn. Gen. Stat. § 42-181 on [DATE]. The decision and record are attached as Exhibit F, and [STATE THE RELIEF AND PRESENT ENFORCEMENT OR REVIEW POSTURE].
• ☐ Plaintiff does not rely on a Department arbitration decision in this civil action.

19. [LESSEE ONLY] At the time process was served on Defendant, Plaintiff notified the lessor of this action by registered or certified mail, return receipt requested, as required by Conn. Gen. Stat. § 42-186. The notice and receipt are attached as Exhibit G.

6. COUNT I — BREACH OF EXPRESS WARRANTY / CONNECTICUT NEW AUTOMOBILE WARRANTIES LAW

20. Plaintiff incorporates paragraphs 1 through 19, with unused alternatives deleted.

21. Plaintiff timely reported a covered nonconformity, but Defendant and its agents or authorized dealers were unable to conform the Vehicle to the applicable express warranty after a reasonable number of attempts.

22. Under Conn. Gen. Stat. § 42-179(d)(1), Defendant must provide a new motor vehicle acceptable to Plaintiff or accept return of the Vehicle and refund, to Plaintiff, the lessor, and any lienholder as their interests appear:

• The full contract price, including applicable undercoating, dealer-preparation, transportation, and installed-option charges;
• Collateral charges, including sales tax, license and registration fees, and similar government charges;
• Finance charges incurred after Plaintiff first reported the nonconformity and during later periods when the Vehicle was out of service for repair; and
• Applicable incidental damages;

less the lawful reasonable allowance for use.

23. Under § 42-179(d)(3), the use allowance must equal the total contract price multiplied by the miles traveled before the manufacturer's acceptance of the Vehicle's return, divided by 120,000.

24. Plaintiff seeks costs and reasonable attorney fees if the Court exercises its discretion to award them under Conn. Gen. Stat. § 42-180. Plaintiff acknowledges that § 42-180 permits an award to Defendant if the Court determines that the action was brought without substantial justification.

7. OPTIONAL COUNT II — CONNECTICUT UNFAIR TRADE PRACTICES ACT

25. Plaintiff incorporates paragraphs 1 through 24.

26. Defendant violated Conn. Gen. Stat. § [42-179 / 42-181 / 42-182 / 42-183] by [PLEAD THE SPECIFIC ACT OR OMISSION AND SUPPORTING FACTS].

27. That violation is deemed an unfair or deceptive trade practice by Conn. Gen. Stat. § 42-184.

28. Plaintiff suffered the following ascertainable loss caused by the violation: [PLEAD FACTS AND AMOUNT].

29. Plaintiff seeks only the CUTPA relief that counsel confirms is available on the facts and under current law, without duplicating another recovery.

30. [IF COUNT II IS RETAINED] Upon commencement of this action, Plaintiff mailed a copy of the Complaint to the Attorney General and the Commissioner of Consumer Protection as required by Conn. Gen. Stat. § 42-110g(c), and will mail them any resulting judgment or decree.

8. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. A new motor vehicle acceptable to Plaintiff or return and refund under Conn. Gen. Stat. § 42-179(d), less only the lawful use allowance;
2. The contract-price components, collateral charges, qualifying finance charges, and incidental damages proved under § 42-179(d);
3. Relief proved under CUTPA if optional Count II is retained;
4. Costs and reasonable attorney fees if awarded under Conn. Gen. Stat. § 42-180 or another retained and proven claim;
5. Prejudgment and post-judgment interest where authorized; and
6. Any further relief the Court deems proper.

9. JURY CLAIM

Plaintiff claims a trial by jury on every issue so triable and will file any separate jury claim and fee required by current Connecticut procedure.

10. SIGNATURE AND CERTIFICATION

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Connecticut Juris No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

CERTIFICATION

I certify that a copy of this pleading was served on [NAME / COUNSEL] by [AUTHORIZED METHOD] on [DATE] at [ADDRESS / EMAIL].

[SIGNATURE]

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Express warranty
• ☐ Exhibit B — Purchase or lease documents and original-delivery proof
• ☐ Exhibit C — Complete repair orders and calendar-day calculation
• ☐ Exhibit D — Manufacturer notice and delivery proof, if required
• ☐ Exhibit E — Certified manufacturer-procedure submission and result, if applicable
• ☐ Exhibit F — Department arbitration decision and record, if applicable
• ☐ Exhibit G — Lessee's registered- or certified-mail notice to lessor, if applicable
• ☐ Exhibit H — Documents supporting contract price, charges, finance charges, incidental damages, lien, and use allowance

12. SOURCES AND REFERENCES

• Connecticut General Assembly — Chapter 743b, New Automobile Warranties
• Connecticut Judicial Branch Law Libraries — Connecticut Law About Lemon Law
• Connecticut Department of Consumer Protection — Lemon Law Program
• Connecticut DCP — 2025 Lemon Law Program report
• Conn. Gen. Stat. § 42-179 text mirror
• Conn. Gen. Stat. § 42-180 text mirror
• Conn. Gen. Stat. § 42-181 text mirror
• Conn. Gen. Stat. § 42-184 text mirror
• Conn. Gen. Stat. § 42-186 text mirror
• Conn. Gen. Stat. § 42-110g text mirror