Understanding the Colorado Lemon Law for Used Cars

December 28, 2022 - 2:39 pm - 4 min read
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What is the Colorado Lemon Law?

The Colorado Lemon Law is a consumer protection legislation that applies to new and used vehicles purchased or leased in Colorado. It provides legal recourse for vehicle owners who have purchased a defective vehicle that cannot be repaired by the manufacturer or dealership despite numerous attempts.

According to the Colorado Revised Statutes 42-10-101, a lemon vehicle is defined as a new or used vehicle that has a non-conformity or a defect that substantially impairs the use, value, or safety of the vehicle, and cannot be repaired in a reasonable number of repair attempts.

The Lemon Law applies to all new and used vehicles, including cars, trucks, vans, SUVs, motorcycles, and even recreational vehicles (RVs). However, it only covers vehicles that are still under the manufacturer’s warranty, whether express or implied, or are eligible for repairs under a service contract or extended warranty.

What are my rights under the Colorado Lemon Law?

If your vehicle is determined to be a lemon under the Colorado Lemon Law, you may be entitled to a refund or replacement vehicle. However, the process can be complex, and it’s advisable to seek legal advice from a qualified attorney before proceeding.

To qualify for a refund or replacement, the vehicle must meet the following criteria:

– The vehicle must have a substantial defect that impairs its use, value, or safety
– The defect must have been reported to the manufacturer or dealership
– The manufacturer or dealership must have attempted to repair the defect on at least four occasions or the vehicle must have been out of service for at least 30 days during the warranty period
– The defect must not have resulted from abuse, neglect, or unauthorized modifications by the owner

If your vehicle meets these criteria, you may be entitled to a full refund of the purchase price, including any taxes, registration fees, and finance charges. Alternatively, you may be entitled to a comparable replacement vehicle.

How to File a Lemon Law Claim in Colorado

To file a Lemon Law claim in Colorado, you must follow these steps:

1. Document Repairs: Keep detailed records of all repairs attempted by the manufacturer or dealership, including the dates, mileage, and nature of the problem.

2. Notify the Manufacturer: Send a written notice to the manufacturer or dealership by certified mail, return receipt requested, outlining the problems with the vehicle, and requesting a repair or replacement.

3. Give the Manufacturer a Reasonable Opportunity to Repair: The manufacturer or dealership must have a reasonable opportunity to repair the vehicle. The Colorado Lemon Law presumes that four repair attempts or 30 days out of service is reasonable.

4. Mediation: If the manufacturer or dealership fails to resolve the problem within a reasonable time, you may request mediation through the Colorado Office of Consumer Counsel (OCC). Mediation is a non-binding process intended to resolve disputes between the consumer and the manufacturer or dealership.

5. File a Lawsuit: If mediation fails to resolve the dispute, you may file a lawsuit against the manufacturer or dealership. However, be aware that Lemon Law claims can be complex, and it’s advisable to seek legal advice before proceeding.

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Conclusion

The Colorado Lemon Law provides important protection for consumers who have purchased a defective vehicle that cannot be repaired. If you find yourself in this situation, it’s essential to keep detailed records of all repairs attempted, and to follow the steps outlined in the Lemon Law carefully. Seeking legal advice from a qualified attorney can help ensure that your rights are protected, and that you receive the compensation you’re entitled to.

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