Sec. 42-221. Implied warranties. Express warranties. Exemptions. Waiver.
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.
(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 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 and the dealer prior
to sale.
(P.A. 87-393, S. 2; P.A. 05-109, S. 50.)
History: P.A. 05-109 amended Subsec. (d)(2) by adding reference to "subsection (b)" of Sec. 42a-1-201.
Subsec. (b):
Cited. 31 CA 634.