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Colorado Lemon Law
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to help Colorado residents get rid of their lemons. On this page we
have our local attorney information listed, along with the
actual Colorado Lemon Law statute. We can begin representing
you right away, just click the "Free Case Evaluation" button,
and tell us what is wrong with your car.
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Krukas & Ward
Anne ward, Esq.
1(877) 50-LEMON
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Colorado Lemon Law
Statutes 42-10-101
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42-10-101 Definitions.
As used in this article, unless the context otherwise
requires:
(1) "Consumer" means the purchaser, other than for purposes
of resale, of a motor vehicle normally used for personal,
family, or household purposes, any person to whom such motor
vehicle is transferred for the same purposes during the duration
of a manufacturer's express warranty for such motor vehicle, and
any other person entitled by the terms of such warranty to
enforce the obligations of the warranty.
(2) "Motor vehicle" means a self-propelled private passenger
vehicle, including pickup trucks and vans, designed primarily
for travel on the public highways and used to carry not more
than ten persons, which is sold to a consumer in this state;
except that the term does not include motor homes as defined in
section 42-1-102 (57) or vehicles designed to travel on three or
fewer wheels in contact with the ground.
(3) "Warranty" means the written warranty, so labeled, of the
manufacturer of a new motor vehicle, including any terms or
conditions precedent to the enforcement of obligations under
that warranty.
42-10-102 Repairs to conform vehicle to warranty.
If a motor vehicle does not conform to a warranty and the
consumer reports the nonconformity to the manufacturer, its
agent, or its authorized dealer during the term of such warranty
or during a period of one year following the date of the
original delivery of the motor vehicle to a consumer, whichever
is the earlier date, the manufacturer, its agent, or its
authorized dealer shall make such repairs as are necessary to
conform the vehicle to such warranty, notwithstanding the fact
that such repairs are made after the expiration of such term or
such one-year period.
42-10-103 Failure to conform vehicle to warranty -
replacement or return of vehicle.
(1) If 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 which
substantially impairs the use and market value of such motor
vehicle after a reasonable number of attempts, the manufacturer
shall, at its option, replace the motor vehicle with a
comparable motor vehicle or accept return of the motor vehicle
from the consumer and refund to the consumer the full purchase
price, including the sales tax, license fees, and registration
fees and any similar governmental charges, less a reasonable
allowance for the consumer's use of the motor vehicle. Refunds
shall be made to the consumer and lien holder, if any, as their
interests may appear. A reasonable allowance for use shall be
that amount directly attributable to use by the consumer and any
previous consumer prior to the consumer's first written report
of the nonconformity to the manufacturer, agent, or dealer and
during any subsequent period when the vehicle is not out of
service by reason of repair.
(2)
(a) It shall be presumed that a reasonable number of attempts
have been undertaken to conform a motor vehicle to the warranty
if:
(i) 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 the original delivery of the motor vehicle
to the consumer, whichever is the earlier date, but such
nonconformity continues to exist; or
(ii) The motor vehicle is out of service by reason of repair
for a cumulative total of thirty or more business days of the
repairer during the term specified in subparagraph (I) of this
paragraph (a) or during the period specified in said
subparagraph (I), whichever is the earlier date.
(b) For the purposes of this subsection (2), the term of a
warranty, the one-year period, and the thirty-day period shall
be extended by any period of time during which repair services
are not available to the consumer because of war, invasion,
strike, or fire, flood, or other natural disaster.
(c) In no event shall a presumption under paragraph (a) of
this subsection (2) apply against a manufacturer unless the
manufacturer has received prior written notification by
certified mail from or on behalf of the consumer and has been
provided an opportunity to cure the defect alleged. Such defect
shall count as one nonconformity subject to repair under
subparagraph (I) of paragraph (a) of this subsection (2).
(d) Every authorized motor vehicle dealer shall include a
form, containing the manufacturer's name and business address,
with each motor vehicle owner's manual on which the consumer may
give written notification of any defect, as such notification is
required by paragraph (c) of this subsection (2), and the form
shall clearly and conspicuously disclose that written
notification by certified mail of the nonconformity is required,
in order for the consumer to obtain remedies under this article.
(3) The court shall award reasonable attorney fees to the
prevailing side in any action brought to enforce the provisions
of this article.
42-10-104 Affirmative defenses.
(1) It shall be an affirmative defense to any claim under
this article that:
(a) An alleged nonconformity does not substantially impair
the use and market value of a motor vehicle; or
(b) A nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of the motor vehicle
by a consumer.
42-10-105 Limitations on other rights and remedies.
Nothing in this article shall in any way limit the rights or
remedies which are otherwise available to a consumer under any
other state law or any federal law. Nothing in this article
shall affect the other rights and duties between the consumer
and a seller, lessor, or lien holder of a motor vehicle or the
rights between any of them. Nothing in this article shall be
construed as imposing a liability on any authorized dealer with
respect to a manufacturer or creating a cause of action by a
manufacturer against its authorized dealer; except that failure
by an authorized dealer to properly prepare a motor vehicle for
sale, to properly install options on a motor vehicle, or to
properly make repairs on a motor vehicle, when such preparation,
installation, or repairs would have prevented or cured a
nonconformity, shall be actionable by the manufacturer.
42-10-106 Applicability of federal procedures.
If a manufacturer has established or participates in an
informal dispute settlement procedure which substantially
complies with the provisions of part 703 of title 16 of the code
of federal regulations, as from time to time amended, the
provisions of section 42-10-103 (1) concerning refunds or
replacement shall not apply to any consumer who has not first
resorted to such procedure.
42-10-107 Statute of limitations.
Any action brought to enforce the provisions of this article
shall be commenced within six months following the expiration
date of any warranty term or within one year following the date
of the original delivery of a motor vehicle to a consumer,
whichever is the earlier date; except that the statute of
limitations shall be tolled during the period the consumer has
submitted to arbitration under section 42-10-106.
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