Colorado Lemon Law
Coloradans who have purchased defective vehicles should know that the state has enacted a new car lemon law to protect them. Here is a summary of the lemon law:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: No
Lemon law period: 1 year
What is a Lemon Car Under Colorado Law?
Colorado lemon law covers new passenger vehicles, SUVs, vans, and trucks that are purchased in Colorado, as well as used cars that are sold by dealers within one year of the original purchase or before the expiration of the manufacturer’s warranty (whichever comes first). In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the original owner’s delivery date or before the expiration of the manufacturer’s warranty (whichever period ends first)
- Has been taken in four times for the same problem or if it has been out of service for 30 business days due to a series of unrelated problems
- After the dealer has tried to repair the vehicle four times, the manufacturer has been notified and given an opportunity to repair the vehicle
- Carries ten or fewer passengers
- Is driven for personal use
C.R.S. 42-10-101 through 42-10-107 is Colorado’s lemon law.
Getting Lemon Justice: Colorado Lemon Law Relief
Colorado lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License and registration fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle.
Pursuing a CO Lemon Law Claim
If you want to pursue a claim under Colorado’s lemon law, you must first send a notification to the manufacturer and give them one last chance to repair the vehicle. According to the law, the demand letter must be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once you send the letter, the manufacturer must make a final repair attempt. If the problem still isn’t fixed, you must enter into the manufacturer’s informal dispute resolution process. You can accept the findings of the arbitrator, or you can reject them and go to court. However, the suit must be filed within six months following the expiration date of your warranty term or within one year following the original delivery date of your vehicle, whichever comes first.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Colorado lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.