SubTitle42-179-1_42-179-11. Written Disclosure Notice Required on the Resale of Motor Vehicles Replaced or Refunded by the Manufacturer, Title42 Business, Selling, Trading and Collection Practices, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

Title42 Business, Selling, Trading and Collection Practices

SubTitle42-179-1_42-179-11. Written Disclosure Notice Required on the Resale of Motor Vehicles Replaced or Refunded by the Manufacturer

Sec. 42-179-1—42-179-5. [Repealed]

Latest version.

Repealed January 2, 1991.

Sec. 42-179-6. Purpose

Latest version.

Sections 42-179-7 through 42-179-11 cover the requirements of Section 42-179 of the General Statutes, governing the disclosure statement for a motor vehicle returned for replacement or refund, the conditions for removal of the disclosure statement from such a vehicle, and the format and time period for providing information pertaining to said vehicle to the commissioner of motor vehicles.

(Effective October 23, 1995)

Sec. 42-179-7. Form and content of disclosure

Latest version.

(a) Any person who accepts the return of a motor vehicle from a consumer for replacement or refund due to a nonconformity or defect, whether as a result of an administrative or judicial determination, an arbitration proceeding or a voluntary settlement, shall notify the commissioner of motor vehicles in writing within twenty (20) days of taking title, possession or custody of such vehicle, by submitting to the commissioner a copy of the "disclosure statement" as specified in Section 42-179-8. Such copy shall be submitted by certified or registered mail and addressed to the Dealers and Repairers Division, Department of Motor Vehicles, 60 State Street, Wethersfield, CT 06161. No person shall sell or lease, transfer, or authorize for sale or lease, including sale at an automobile auction within this state, any vehicle covered by this subsection until the required notice has been submitted to the commissioner.

(b) Any person to whom a motor vehicle is returned for replacement or refund due to a nonconformity or defect in accordance with subsection (a) of this section shall affix "disclosure statement" as specified in subsection (a) of Section 42-179-8 to the lower corner of the windshield furthest removed from the driver in a location readily visible from the exterior of such vehicle. A "disclosure statement" shall also be included in any contract for sale or lease of such motor vehicle by such person as specified in subsection (c) of Section 42-179-8.

(c) No "disclosure statement" shall be removed from a motor vehicle except upon written approval by the commissioner of motor vehicles after receipt by the commissioner of an engineering inspection report certifying in writing that the defect(s) or condition(s) or combination of both which resulted in the replacement of or refund for such vehicle has been corrected or repaired. The engineering inspection report shall be prepared and signed by and any repairs, tests or procedures on such vehicle shall be performed under the supervision of a licensed professional engineer having expertise in the technical area(s) of the defect(s) and/or condition(s). The engineering inspection report shall contain at a minimum the following information:

(1) The vehicle identification number (VIN), the make, the model, the model year and the prior title number including state of issue of the motor vehicle;

(2) A listing of the defect(s) or condition(s) under which the vehicle was repurchased or replaced;

(3) The complete diagnostic procedures performed on the motor vehicle to analyze, repair or correct such defect(s) or condition(s) and the results of such procedures;

(4) A listing of all parts replaced, adjusted, or repaired or in any way modified in conjunction with such repair or correction, including a copy of any documents relating to such repair or correction; and,

(5) A statement of the jurisdiction in which the engineer who prepared the engineering report is licensed, his license number, and his qualifications including experience, education and training in the technical area(s) that is the subject of the report.

(d) The engineering inspection report shall be accepted and approved by the commissioner only if it contains sufficient detailed information to permit a positive determination by the commissioner or his designee that the nonconformity and/or defect has been corrected. The commissioner may consult with the Board of Examiners for Professional Engineers and Land Surveyors for assistance in determining the qualifications of an engineer in the technical area(s) that is the subject of the report. The costs of inspection and the preparation of the engineering inspection report shall be borne by the party or parties requesting that the commissioner approve the removal of the "disclosure statement." The commissioner shall notify the party or parties making the request of the approval or disapproval of such request in writing within sixty (60) days after its receipt, and if such request is disapproved, the reason(s) for such disapproval.

(e) The commissioner or his designee may inspect any vehicle subject to Sections 42-179-6 to 42-179-11, inclusive, to determine compliance with the requirements of subsection (b) of this section or to verify that the defect(s) or condition(s) which led to the replacement or refund for such motor vehicle no longer exists.

(f) The commissioner of motor vehicles shall maintain a listing of motor vehicles reported to him which have been returned from a consumer due to a nonconformity or defect in accordance with subsection (a) of this section, and access to such listing shall be made available to a person exhibiting a need for such information upon application to the commissioner in writing.

(Effective October 23, 1995)

Sec. 42-179-8. Disclosure statement

Latest version.

(a) The "disclosure statement" affixed to the vehicle shall have a format substantially as follows:

DISCLOSURE STATMENT

Vehicle Identification Number (VIN):________________________________

Year: _____________ Make: ________________ Model: ________________

Prior Title Number: _______________ State of Title: ___________________

Warning: This vehicle was previously sold as new. It was subsequently alleged or found to have the following defect(s) or condition(s).

1.____________________________________________________________

2. ____________________________________________________________

3. ____________________________________________________________

4. ____________________________________________________________

5. ____________________________________________________________

As a result of the defect(s) or condition(s) or a combination of both enumerated above this motor vehicle was replaced or a refund made. This motor vehicle may not be sold as new. This "disclosure statement" may only be removed after written acceptance by the commissioner of motor vehicles of an authorized engineering report that the defect(s) or condition(s) or combination of both has been corrected.

(b) The "disclosure statement" affixed to the vehicle shall be not less than 4½ inches wide by 5 inches long. The heading shall be bold face type in capital letters not smaller than 18 point in size and the body copy shall be regular or medium face type style not smaller than 12 point in size. A minimum of five numbered lines shall be provided. Each defect or condition which substantially impaired the motor vehicles use, safety or value shall be listed separately on a numbered line. The vehicle and title identification information shall be inserted in the spaces provided.

(c) The following disclosure language shall be contained in each contract for the sale or lease of a buyback vehicle to a consumer or contained in a form affixed to said contract and made a part thereof: