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

Sec. 42-152. Consumer contract to be written in plain language. (a) Standard. Every consumer contract entered into after June 30, 1980, shall be written in plain language. A consumer contract is written in plain language if it meets either the plain language tests of subsection (…

Sec. 42-153. Coverage. (a) Contracts covered. This chapter shall apply to all consumer contracts made, entered into or signed by the consumer in this state after June 30, 1980. (b) Exclusions. Mortgages, deeds of real estate, insurance policies and documents relating to securitie…

Sec. 42-154. Liability. Any creditor, seller or lessor which fails to comply with section 42-152 shall be liable to a consumer who is a party to the consumer contract for statutory damages of one hundred dollars plus, at the discretion of the court, an attorney's fee not to excee…

Sec. 42-155. Limitations on liability. (a) Contracts with more than one party. In any individual transaction, if there is more than one consumer who is a party to a single consumer contract, only one award of statutory damages may be made for that transaction. (b) Good faith. No …

Sec. 42-156. Exempt language. (a) Required and authorized language. The use of specific language expressly required or authorized by court decision, statute, regulation or governmental agency shall not be a violation of this chapter. (b) Legal descriptions of real property. The u…

Sec. 42-157. Rights of parties. (a) Enforceability. A consumer contract shall remain enforceable, even though it violates this chapter. (b) Other consumer rights. Nothing in this chapter shall preclude a consumer from making any claim or raising any defense which would have been …

Sec. 42-158. Test procedures. Use the following procedures to determine compliance with subsection (c) of section 42-152: (a) Words. To count the number of words in the contract, proceed as follows: (1) Count every word used in the text of the contract. (2) Do not count words or …

Sec. 42-158a. Definitions. Section 42-158a is repealed, effective July 1, 2003. (P.A. 99-278, S. 1; P.A. 00-219, S. 1; P.A. 02-81, S. 49.)

Sec. 42-158aa. Refuse removal or disposal contracts. Renewal. Conditions. Exceptions. (a) No provision of a contract for refuse removal or disposal which states that the term of such contract shall be deemed renewed for a specified additional period of time shall be enforceable u…

Secs. 42-158b and 42-158c. Required calculation of lease rate. Required disclosures in lease agreements. Sections 42-158b and 42-158c are repealed, effective July 1, 2002. (P.A. 99-278, S. 2, 3; P.A. 00-219, S. 4–6; P.A. 01-200, S. 2–4; P.A. 02-81, S. 50.)

Secs. 42-158bb to 42-158ee. Reserved for future use.

Secs. 42-158d to 42-158g. Unfair trade practice. Conflict with state or federal law to be avoided. Terms excluding or modifying implied warranties or remedies for breach unenforceable. Required disclosures. Sections 42-158d to 42-158g, inclusive, are repealed, effective July 1, 2…

Sec. 42-158ff. Automatic renewal and continuous services provisions in consumer agreements. Definitions. Requirements. Disclosures. Termination. (a) For the purposes of this section: (1) “Automatic renewal provision” means any provision that is included in a consumer agreement un…

Secs. 42-158gg to 42-158jj. Reserved for future use.

Sec. 42-158h. Reserved for future use.

Sec. 42-158i. Definitions. As used in sections 42-158i to 42-158n, inclusive, unless the context otherwise requires: (1) “Owner” means any individual, corporation, nonprofit corporation, partnership, limited partnership, limited liability company or other business entity that is …

Sec. 42-158j. Required contract provisions re timely payment of contractors, subcontractors and suppliers. Payment requisition statement. Remedy for untimely payments. Penalties. Escrow accounts. Withholding payments due because of disputes prohibited. Progress payments. Rights o…

Sec. 42-158k. Retainage limitation. Payment by owner. Time limits. No construction contract may provide for any retainage in an amount that exceeds five per cent of the estimated amount of a progress payment for the life of the construction project. All retainage shall be paid by…

Sec. 42-158kk. Consumer bills. Definitions. Bills in paper form. Exception. Regulations. (a) For the purposes of this section: (1) “Consumer” means an individual who is a resident of this state and a recipient, or a prospective recipient, of consumer goods or services; (2) “Consu…

Sec. 42-158l. Clauses waiving right to claim mechanic's lien or claim against a payment bond void. (a) Any provision in a construction contract or any periodic lien waiver issued pursuant to a construction contract that purports to waive or release the right of a contractor, subc…

Secs. 42-158ll to 42-158oo. Reserved for future use.

Sec. 42-158m. Adjudication of disputes in this state. Any provision in a construction contract for the performance of work on a construction site located in this state that purports to require that any dispute arising under the construction contract be mediated, arbitrated or oth…

Sec. 42-158n. Required job site postings. At or before the commencement of any work under a construction contract, the owner shall post and maintain in a conspicuous place at the construction site (1) the name and address of the owner and any agent authorized to accept service of…

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…

Secs. 42-158t to 42-158z. Reserved for future use.

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. 42-169. Reserved for future use.

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.)

Secs. 42-171 to 42-178. Reserved for future use.

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…