Colorado Lemon Law

CO Statutes 42-10-101 - 42-10-107

42-10-101 Definitions

As used in this article, unless the context otherwise requires:

  1. "Consumer" is,
    • A purchaser who purchases a vehicle for personal, family, or household use
    • A person whom the title of the car or any other vehicle has been transferred
    • Who has paid a handsome amount for purchasing that car
    • Who is entitled to enforce the obligations of the warrant
  2. "Motor vehicle" is,
    • A self-propelled private passenger vehicle, including pickup trucks and vans, used to travel from one destination to another on the public highways and used to carry not more than ten persons
    • A vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
  3. "Warranty" is a written warranty specified by the manufacturer or dealer assuring that the vehicle is defect-less or in case any defect arises, the manufacturer would be responsible for its repair.

42-10-102-Repairs to Conform Vehicle to Warranty

If a motor vehicle does not work properly or has a defect and the consumer notifies the nonconformity to the manufacturer within the express warranty period or within a period of one year following the date of the original delivery of the vehicle, whichever comes earlier, the manufacturer or repairing agent is liable to correct those nonconformities and make the vehicle work properly.

42-10-103-Failure to conform vehicle to warranty - replacement or return of vehicle

  1. If the manufacturer or its dealer fails in fixing that problem or nonconformity after a reasonable number of attempts which substantially impairs the use and market value of such motor vehicle, the manufacturer shall, at its option, replace the motor vehicle with a comparable motor vehicle or refund 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 to the consumer.
    1. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if:
      • The manufacturer has attempted the repairs four times or more within the period of warranty or within one year from the date of delivery and the nonconformity continues to exist
      • The motor vehicle is out of service or in custody of the manufacturer or repairing agent for 30 or more business days for repair during the warranty period or within one year.
    2. The manufacturer has held the car in his custody for the purpose of repair of nonconformity for more than 30 calendar days. This time period shall be extended due to conditions beyond the control of the manufacturer or its agents like, war, invasion, strike, or fire, flood, or other natural disaster.
    3. The manufacturer cannot be forced to make such repairs, if the consumer forgets or neglects to send a written notification to the manufacturer informing him about the nonconformity of the.
    4. According to section 42-10-103 of Colorado lemon laws, “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 will enforce the manufacturer to reimburse the attorney’s fees if the consumer overcomes the proceedings.

42-10-104-Affirmative Defenses

  1. It will be an affirmative defense for the manufacturer to any claim under this article if:
    • The nonconformity does not significantly affects the use and market value of a motor vehicle
    • 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

Colorado lemon laws states that, “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

The provisions of section 42-10-103 (1) relating to refunds or replacement shall not apply to any consumer , if a manufacturer has established or participated in an informal dispute settlement procedure which conforms with the provisions of part 703 of title 16 of the code of federal regulations, as from time to time amended.

42-10-107-Statute of Limitations

Any act brought to implement the provisions of this article shall be commenced within six months following the expiration date of any warranty term or within one year, whichever is earlier; apart from the statute of limitations shall be tolled during the period the consumer has submitted to arbitration under section 42-10-106.