Title 42, Title 42: Business, Selling, Trading and Collection Practices

Sec. 42-158o. Surety obligations. No surety shall be obligated to include in the payment of a bond issued by such surety any interest, costs, penalties or attorneys' fees imposed on the principal of such bond under any provision of sections 42-158i to 42-158o, inclusive, or 49-33…

Sec. 42-158p. Retainage escrow accounts. Monthly reports. Combining accounts. Termination of accounts. Fees and expenses. Form and provision of account. Failure to deposit or release retainage. Acceptance of securities. An escrow account shall be established for all retainage, su…

Sec. 42-158q. Escrow account exclusions. The provisions of section 42-158p do not apply to construction contracts for residential property containing four or fewer dwelling units or to construction contracts of less than twenty-five thousand dollars total value or to construction…

Sec. 42-158r. Enforcement of retainage and adjudication in this state. In an action to enforce the provisions of section 42-158k, 42-158m or 42-158p, a court may award court costs and reasonable attorney's fees to the prevailing party. (P.A. 03-167, S. 9.) History: P.A. 03-167 ef…

Sec. 42-158s. Offer of compromise to settle arbitration claims. Interest, attorney's fees and costs. (a) For the purposes of this section, “construction contract” means any contract entered into on or after October 1, 2011, for construction, renovation or rehabilitation in this s…

Sec. 42-159. Definitions. As used in this chapter: (1) “Default” means failure to perform any obligation or duty imposed by a rental agreement or by this chapter. (2) “Last-known address” means a postal or electronic address provided by the occupant in the latest rental agreement…

Sec. 42-160. Owner's lien upon defaulting occupant's property. Removal of motor vehicle, vessel or trailer. Regulations. (a) The owner of a self-service storage facility shall have a lien upon all personal property located at such facility for (1) the amounts of any rent, labor o…

Sec. 42-161. Satisfaction of lien. Notice to occupant and holders of security interest. (a) No owner may satisfy the lien provided for in section 42-160 unless he or she complies with the procedure set forth in this chapter. (b) The owner shall notify the occupant and any person …

Sec. 42-162. Contents of notice. The notice required by section 42-161 shall contain the following information in plain language and a simple format: (1) An itemized statement of the owner's claim showing the amount due at the time of the notice and the date the amount became due…

Sec. 42-163. Sale or disposition of property; where held. Any sale or other disposition of the personal property of the occupant shall conform to the terms of the notice as provided in section 42-162 and shall be held (1) at the self-service storage facility, (2) at the nearest s…

Sec. 42-164. Advertisement of, and time for sale. Allocation of proceeds. (a) After the expiration of the time given in the notice for the occupant to pay the amount due, if the owner wishes, the owner may advertise the sale or other disposition of the personal property in any pr…

Sec. 42-165. Redemption of property by occupant or holder of security interest. At any time prior to the sale or other disposition of the personal property subject to the lien, the occupant, or any person who proves a valid security interest in such personal property, may pay the…

Sec. 42-166. Rights of purchaser in good faith. A purchaser in good faith of personal property sold to satisfy the lien provided for in section 42-160 takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the req…

Sec. 42-167. Disposition of balance of proceeds following satisfaction of lien. In the event of a sale of personal property subject to such a lien, the owner may satisfy his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on demand to the occup…

Sec. 42-168. Other remedies of parties not impaired. Nothing in this chapter shall impair or affect the right of parties to create liens by special contract or agreement, nor shall it impair or affect other liens arising at common law, in equity or by any other provision of the g…

Sec. 42-170. Bulk transfers by restaurants and other food-dispensing establishments. Section 42-170 is repealed. (P.A. 82-13; P.A. 93-107, S. 4.)

Sec. 42-179. New motor vehicle warranties. Leased vehicles. Resales. Transfers. Manufacturer buybacks. Fine. Hearing. Regulations. (a) As used in this chapter: (1) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, …

Sec. 42-179a. Copies of paperwork or invoices. A dealer or authorized agent of a manufacturer shall, upon the request of a consumer, provide such consumer with copies of any paperwork or invoices related to repair work performed on such consumer's automobile in accordance with th…

Sec. 42-179b. Dealers and lessors to deliver information. Each motor vehicle dealer, as defined in section 14-1, and each person engaged in the business of leasing new motor vehicles shall, at the time of sale or execution of the lease of any new motor vehicle, deliver to the con…

Sec. 42-180. Costs and attorney's fees in breach of warranty actions. In any action by a consumer against the manufacturer of a motor vehicle, or the manufacturer's agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with…

Sec. 42-181. Department arbitration procedure. Notifications re sale. Fine for failure to perform remedies. Request for hearing. Appeals. Regulations. (a) The Department of Consumer Protection shall provide an independent arbitration procedure for the settlement of disputes betwe…

Sec. 42-182. Certification of manufacturer's informal dispute settlement procedures. (a) The Attorney General shall prepare an annual report evaluating the operation of informal dispute settlement procedures established by manufacturers of new motor vehicles and shall issue a cer…

Sec. 42-183. Institution of proceedings. The Commissioner of Consumer Protection may, in consultation with the Commissioner of Motor Vehicles, request institution of proceedings under section 14-67c against any manufacturer found to have failed to comply with the provisions of se…

Sec. 42-184. Unfair trade practices. A violation of any of the provisions of sections 42-179 and 42-181 to 42-183, inclusive, shall be deemed an unfair or deceptive trade practice under chapter 735a. (P.A. 84-338, S. 5, 8.) Cited. 203 C. 63; 209 C. 579; 212 C. 83; 213 C. 136; 218…

Sec. 42-185. Waiver of filing fees, statement prohibited. Notwithstanding the provisions of any general statute, regulation or grant of authority to the contrary, no filing fee or statement required under the provisions of this chapter shall be waived, refunded, reduced or withhe…

Sec. 42-186. Action brought by lessee against manufacturer. Lessee to notify lessor. Lessor authorized to petition to be made a party to proceeding. In any action by a consumer who is a lessee against the manufacturer of a motor vehicle, or the manufacturer's agent or authorized …

Sec. 42-190. New automobile warranties account surcharge. Account. (a) A new automobile warranties account surcharge is hereby imposed on the sale or lease of each new motor vehicle, as defined in section 42-179, sold or leased in this state by any person licensed to offer such v…

Sec. 42-200. Funeral service contracts: Definitions; requirements. Funeral service establishment to maintain copies of contracts. Notification to purchaser of transfer of more than fifty per cent ownership or of closure. (a) For the purposes of this section and sections 42-201 to…

Sec. 42-201. Funeral service contracts limited to licensed firms and persons. No person, firm or corporation shall enter into a funeral service contract to provide such services, property or merchandise unless such person, firm or corporation is licensed in accordance with the pr…

Sec. 42-202. Escrow accounts. (a) A licensed funeral service establishment shall deposit any money or securities which such establishment receives pursuant to a funeral service contract, and not later than fifteen days after its receipt of such money or securities, in one or more…

Sec. 42-203. Disposition of funds held in escrow. (a) Funds held in an escrow account in accordance with the provisions of a funeral service contract shall remain intact unless such funds are commingled in accordance with the provisions of subsection (f) of section 42-202 or the …

Sec. 42-204. Cancellation of revocable funeral service contract. The legal representative of the decedent or a person who has entered into a revocable funeral service contract with a funeral service establishment, upon written notice to such establishment and to the escrow agent,…

Sec. 42-205. Funeral service contract not a burial insurance policy. A funeral service contract shall not be deemed a burial insurance policy under section 38a-464. (P.A. 85-376, S. 6; P.A. 05-288, S. 146.) History: P.A. 05-288 made a technical change, effective July 13, 2005.

Sec. 42-206. Unfair trade practice. A violation of any of the provisions of sections 42-200 to 42-205, inclusive, shall be deemed an unfair or deceptive trade practice in accordance with the provisions of chapter 735a. (P.A. 85-376, S. 7.)

Sec. 42-206a. Arranging, promoting or selling funeral service contract with intent to defraud. Any person who arranges, promotes or sells a funeral service contract with the intent to defraud another person shall be guilty of a class D felony. (P.A. 05-248, S. 4.)

Sec. 42-206b. Intentional deprivation of services, property or merchandise under funeral service contract. Any person who enters into a funeral service contract and intentionally deprives the beneficiary of such contract or the estate or heirs of such beneficiary of the services,…

Sec. 42-206c. Limitation on prosecution. Notwithstanding the provisions of section 54-193, no person may be prosecuted for an offense under section 42-206a or 42-206b except within five years from the date of death of the beneficiary of the funeral service contract or within five…

Sec. 42-207. Irrevocable funeral service contract. Revocation of revocable funeral service contract purchased by Medicaid beneficiary. Irrevocable funeral service contract required provisions. Payment of funds to Commissioner of Social Services. An irrevocable funeral service con…

Sec. 42-207c. Adherence to disposition directions and funeral prearrangements contained in a funeral service contract. Exception. The disposition directions and funeral prearrangements that are contained in a funeral service contract, as defined in section 42-200, shall not be su…

Sec. 42-210. Gray market imports. Notice. Penalties. Affirmative defense. (a) As used in this section, “gray markets merchandise” means any brand-name consumer product normally accompanied by a warranty valid in the United States which is imported into the United States through c…

Sec. 42-215. Sale at discount to include raincheck. Exemptions. Notice. Comparable merchandise. (a) No person, firm, corporation, partnership or association shall sell, offer for sale or advertise items of merchandise for sale at a discount from the normal retail price without of…

Sec. 42-216. Regulations. The Commissioner of Consumer Protection may adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of this chapter. (P.A. 86-302, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.) History: J…

Sec. 42-217. Penalties. Defenses. (a) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under chapter 735a. (b) It shall be a defense to any charge brought in accordance with the provisions of chapter 735a, concerning unfai…

Sec. 42-220. Definitions. As used in sections 42-220 to 42-226, inclusive: (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 pur…

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 cont…

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 clai…