A self-propelled private passenger vehicle, such as pickup trucks and vans, intended mainly for usage on public roadways and capable of transporting little more than ten people.
Motorhomes and motorbikes are not included.
Lemon car owners in Colorado may be covered under the Colorado Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both.
Refunds, replacements, or financial compensation for lost value and/or incidental and consequential losses are all possible remedies.
Attorney costs are also available, which means that qualifying customers in Colorado may get free legal assistance under the lemon law.
Even if a vehicle doesn’t qualify for one of these lemon laws, the Truth in Lending Act and/or other relevant car-buying regulations may give a way to collect financial damages to assist you trade it in or pay for repairs.
Please contact us for a free, no-obligation examination of your Colorado Lemon Law case.
In most cases, your car only merely have an unreasonable repair history within the warranty, such as 3-4 repair attempts for the same issue, 6 repairs overall on the vehicle, or 30 days out of operation due to repair, to qualify under a lemon legislation.
Lemon Law in Colorado (C.R.S.A. 42-10-101 to C.R.S.A. 42-10-107)
Any person to whom a motor vehicle is transferred for the same purposes throughout the duration of a manufacturer’s express warranty for such motor vehicle, and any other person entitled under the terms of such warranty to enforce the warranty’s obligations, save for the purpose of resale.
however, the term does not include motor homes as defined in section 42-1-102(57) or vehicles with three or fewer wheels in contact with the ground.
“Warranty” refers to the manufacturer’s written warranty, as labeled, for a new motor vehicle, as well as any restrictions or conditions that must be met before the warranty’s obligations may be enforced.
If a motor vehicle fails to conform to a warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the warranty or within one year of the original delivery of the motor vehicle to the consumer, whichever comes first, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the warranty, notwithstanding the manufacturer’s, agent’s, or authorized dealer’s failure to do so.
If, after a reasonable number of attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to the warranty by repairing or correcting the defect or condition that substantially impairs the use and market value of such motor vehicle, the manufacturer may, at its discretion, replace the motor vehicle with a comparable motor vehicle.
Refunds will be provided to the customer and, if applicable, the lienholder, in the order in which respective interests appear.
A reasonable allowance for use is the amount directly attributable to the consumer’s and any previous consumer’s use prior to the consumer’s first written report of the nonconformity.
If the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, and the nonconformity still exists, it will be presumed that a reasonable number of attempts have been made to conform the vehicle to the warranty.
The motor vehicle is out of service due to repair for thirty or more business days during the term stated in subparagraph (I) of this paragraph (a) or during the period mentioned in said subparagraph (I), whichever comes first.
The length of a warranty, the one-year period, and the thirty-day period are extended for the purposes of this paragraph (2) by any period during which repair services are unavailable to the customer due to war, invasion, strike, or fire, flood, or other natural catastrophe.
A presumption under paragraph (a) of this subsection (2) must not apply to a manufacturer unless the manufacturer has received previous written notice from or on behalf of the consumer by certified mail and has been given a chance to fix the claimed fault.
This flaw counts as one nonconformity required to remedy under paragraph (a) of this subsection’s subparagraph (I) (2).
Every authorized motor vehicle dealer shall include a form with each motor vehicle owner’s manual that contains the manufacturer’s name and business address on which the consumer may give written notification of any defect, as required by paragraph (c) of this subsection (2), and the form shall clearly and conspicuously disclose that written notification of the nonconformity by certified mail.
In any action taken to enforce the requirements of this article, the court must award reasonable attorney fees to the successful party.
The fact that an alleged nonconformity does not materially affect the usage and market value of a motor vehicle is an affirmative defense to any claim under this article.
A nonconformity is caused by customer abuse, neglect, or unlawful modifications or adjustments to a vehicle.
Nothing in this article is intended to restrict a consumer’s rights or remedies under any other state or federal law.
Nothing in this article affects the consumer’s other rights and obligations toward a motor vehicle vendor, lessor, or lienholder, or the rights of any of them.
Except for failure by an authorized dealer to properly prepare a motor vehicle for sale, properly install options on a motor vehicle, or properly make repairs on a motor vehicle, when such preparation, installation, or repairs would have prevented or cured a nonconflict, nothing in this article shall be construed as imposing a liability on any authorized dealer with respect.
If a manufacturer has established or participates in an informal dispute resolution procedure that substantially complies with the provisions of part 703 of title 16 of the United States Code of Federal Regulations, as amended from time to time, the provisions of section 42-10-103(1) concerning refunds or replacements do not apply to any consumer who has not first used such procedure.
Any action to enforce the provisions of this article must be filed within six months of the expiration of any warranty term or one year of the original delivery of a motor vehicle to a consumer, whichever comes first; however, the statute of limitations shall be tolled during the period the consumer has submitted to arbitration under section 42-10-106.