Lemon Law - Colorado
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state.
They are not and should not be considered legal opinions or advice
as to whether you have rights under lemon law or whether you should
pursue "a lemon law case". If after reading
this information, you believe you qualify, you should seek the
advice and counsel of an attorney specializing in lemon law in your
state. Remember that each state's lemon laws vary.
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 lienholder, 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 lienholder 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.
