CO Lemon Law Statutes

Colorado Lemon Law Qualifications

The lemon law covers any defect or condition that su bstantially impairs the use and market value of the motor vehicle. This is referred to as a nonconformity. The lemon law provides manufacturers with an affirmative defense if it can be shown that the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle by the consumer.

The Colorado lemon la w covers motor vehicles, which means private passenger vehicles, pickup trucks and vans that are:

  • Designed primarily for travel on the public highways;
  • Used to carry not more than ten persons; and
  • Sold to consumers in Colorado.

The lemon law does not cover motor homes or vehicles designed to travel on three or fewer wheels in contact with the ground. The lemon law does not cover leased vehicles but appears to cover used vehicles.

Consumers Covered

The lemon law covers consumers who fall into any one of t he following categories:

  • 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 term of the manu facturer's express warranty; or
  • Any other person entitled by the terms of such warranty to enforce its obligations.

Reasonable Number Of Repair Attempts

The Co lorado lemon law establishes a presumption that a manufacturer has had a reasonable number of repair attempts if, within the warranty term or one year after the vehicle's original delivery, whichever comes first, either of the following occurs:

  • The same no nconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer and the nonconformity continues to exist, or
  • The motor vehicle has been out of service by reason of repair for a cumulative total of 30 or mo re business days of the repairer.

The warranty term, the 12 - month period and the thirty - day period are extended by any period of time during which repair services are unavailable due to war or invasion, strike, or natural disaster.

Colorado Arbitration Requirements

If the manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure.

An action must be commenced within the earlier of (1) six months following the expiration date of any warranty term, or (2) one year following the date of the vehicle's original delivery to a consumer. The time periods do not run during the period the consumer has submitted to the informal dispute settlement procedure.

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