COLORADO LEMON LAW:
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" 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.
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