Connecticut General Statutes
Chapter 743aa - Consumer Leases
Section 42-413. - Open-end consumer lease.

(a) In an open-end consumer lease, the estimated residual value must be a reasonable approximation of the anticipated fair market value of the goods on expiration of the lease. The estimated residual value of the goods is presumed to be unreasonable and not in good faith to the extent that the estimated residual value exceeds the realized value by more than three times the average payment allocable to a monthly period under the lease. The holder may not collect from the lessee the amount presumed to be unreasonable unless the holder succeeds in an action with respect to that amount. In all actions, the holder shall pay the lessee's reasonable attorney's fees.

(b) A presumption does not arise under subsection (a) of this section to the extent the excess of estimated residual value over realized value is due to physical damage to the goods beyond reasonable wear and use, or to excessive use, according to standards set in the lease under section 42-423.
(c) This section does not preclude a lessee, after expiration of the consumer lease, from agreeing to a final adjustment with respect to residual value.
(d) Upon expiration of an open-end consumer lease, the lessee may obtain at the lessee's expense a professional appraisal of the leased goods by an independent third party agreed to by the lessee and holder. The appraisal is final and binding on the parties.
(P.A. 02-81, S. 24.)
History: P.A. 02-81 effective July 1, 2003.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 42 - Business, Selling, Trading and Collection Practices

Chapter 743aa - Consumer Leases

Section 42-390. - Short title: Consumer Leases Act.

Section 42-391. - Definitions.

Section 42-392. - Time of consummation. Expiration. Termination.

Section 42-393. - Scope. Exclusions. Sale incident to lease.

Section 42-394. - Characterization of lease. Applicability by agreement.

Section 42-395. - Supplemental provisions and principles of law applicable. Limitations. Restrictions.

Section 42-396. - Waiver. Agreement to forego rights in settlement of claim.

Section 42-397. - Limitation on choice of law and venue.

Section 42-398. - Obligation of good faith.

Section 42-399. - Unconscionability.

Section 42-400. - Relation to Electronic Signatures in Global and National Commerce Act.

Section 42-401. - Advertising.

Section 42-402. - Availability of sample lease form.

Section 42-403. - Disclosure. Form of consumer lease. Copy to lessee.

Section 42-404. - Insurance. Insurance disclosures.

Section 42-405. - Notice to guarantor.

Section 42-406. - Information during term of lease. Computer equipment leases. Satisfaction of lease.

Section 42-407. - Payment or trade-in pending approval of lease. Refund or return.

Section 42-408. - Prohibited lease provisions.

Section 42-409. - Security interest restricted. Security deposit.

Section 42-410. - Late fees. Delinquency and default charges. Attorney's fees.

Section 42-411. - Assignment of lease. Preservation of lessee's claims and defenses.

Section 42-412. - Sublease.

Section 42-413. - Open-end consumer lease.

Section 42-414. - Limit on insurance charges. Termination or replacement of insurance.

Section 42-415. - Rebate or discount for referrals.

Section 42-416. - Limitation on supplier's disclaimer of implied warranty.

Section 42-417. - Liability for gap amount on total loss of goods.

Section 42-418. - Lessee's default. Right to cure.

Section 42-419. - Repossession. Application of realized value. Electronic self help.

Section 42-420. - Determining realized value.

Section 42-421. - Early termination liability.

Section 42-422. - Reporting early termination to consumer reporting agency.

Section 42-423. - Excess wear and tear. Excess mileage.

Section 42-424. - Private remedies.

Section 42-425. - Reliance on lessee's representations.

Section 42-426. - Statute of limitations.

Section 42-427. - Limitations on private remedies.

Section 42-428. - Civil liability of assignees.

Section 42-429. - Effect of violation on rights of parties. Single recovery.

Section 42-430. - Administrative enforcement.

Section 42-431. - Administration.

Section 42-432. - Severability.

Section 42-433. - Transition.

Section 42-434. - Uniformity.