Colorado Lemon Law Firms:
This is a list of law firms that are registered as specializing in Colorado lemon law cases.

Colorado Revised Statutes §§42-10-101 to 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.

In simple terms, the Lemon Laws state that if you purchase (and in many states, lease) a brand new or pre-owned vehicle or other car covered by a manufacturer's warranty that struggles to consistently run after repair attempts, and the manufacturer can't fix it even with consecutive efforts (within a specified time limit that varies from state to state), or if the car is not drivable for a fixed period of time (often 30 days) because of its shortcomings, you are eligible to a broad number of damages, inclusive of:

1. Money damage settlements
2. A restitution of the purchase cost
3. A brand new automobile
Additionally, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee transferring mechanism which provides that if you win your suit, the manufacturing business or dealer which sold you your lemon is expected to pay for litigation fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute differ, the general state Lemon Law statute provides aid to a consumer with a imperfect automobile purchased with a warranty if:

1. The dealer or manufacturing business can't reliably correct a particular problem in the product after a sensible number of repair attempts (typically at least 3);
2. The car can't be driven for at least 30 days due to flaws in the car; or
3. The dealer or manufacturing business cannot correct a failing that is a crucial safety hazard.

Generally, a faulty vehicle is a motor vehicle with a problem or condition that largely degrades its drivability, marketability, or safety to the consumer and does not conform to the warranty. Typically, the period of time during which the Lemon Laws apply are rather short; the defects and consequential repair efforts (or out-of-service period of time) often will occur during the first two-years or 24,000 miles of consumer ownership of the vehicle. However, a number of states have even shorter periods. Also, most states have notification and initiation prerequisites, such as wanting the consumer to send registered mail notice to the manufacturing business of the problems and presenting the dealer an opportunity to fix the vehicle. Furthermore, most states necessitate that Lemon Law cases be solved through an arbitration system.

Generally, state Lemon Law statues also are applicable to leased automobiles and used vehicles bought whilst under the manufacturing business* factory warranty. A number of state Lemon Laws also are applicable to cars other than passenger cars. based on the buyer's home state, or the state in which the consumer purchased the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer items (such as televisions)
There are a number of significant solutions available under the Lemon Laws. Often times, if the manufacturing business can't repair the car, the consumer may either require the manufacturing business to replace the car, or obligate the manufacturing business to take the car and return the original cost together with incidental costs, such as all invoices, towing charges, repair costs, associated travel charges and other costs incurred by the consumer as a result of the defects in the car. Another important relief possible under most Lemon Laws is legal expenses. In many states, if you prevail in a Lemon Law case, you won't have to pay any legal charges-the car original producer that sold you your lemon is expected to pay legal fees.

The defendant motor vehicle manufacturer can implement various defenses to a Lemon Law claim. The average statute extends that the original equipment manufacturer is not responsible if it can demonstrate that the problems in dispute persisted due to exploitation, disregard, or the modification or tampering of a car by somone other than the original equipment manufacturer, an agent, or an authorized dealer. Restated, if the consumer maltreats his or her own vehicle, or the problems were a consequence of changing or changes performed by a third party, the original equipment manufacturer may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that regulates consumer product warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer goods to provide consumers with itemized facts about warranty coverage. Also, it infects both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act does not require an vehicle manufacturing business to furnish customers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers a number of protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by permitting customers to recover court charges and fair laywers' fees.

The Magnuson Moss Act is typically applicable in a lemon lawsuit where, for some reason, a state Lemon Law claim is not available or otherwise unfavorable. For example, unlike the rather short period provided to consumers inside most Lemon Laws, you can record a claim for breach of warranty after the warranty period has expired if the problems occurred during the warranty period. In addition, although a few Lemon Laws limit their coverage benefits to a small number of motor vehicles, the Magnuson Moss Act applies to virtually all consumer products. The Magnuson Moss Act could also be applicable if you bought or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a third party agreement or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 US States. It is the main basis of law regulating product warranties, including cars and other items. The UCC offers a legal course for public consumers with lemon problems.

UCC code stipulates that the purchaser of a good is entitled to return products which fail in any aspect to the warranty. Essentially, if your recently purchased vehicle doesn't operate as guaranteed by the manufacturing business (your manufacturer warranty is a portion of your warranty), you can file a claim citing the UCC in addition to whatever additional claims you may have.

The period of time for returning a motor vehicle with the UCC is not unlimited. If you observe a deficiency in your vehicle within a reasonable posession period, you can refuse the motor vehicle. Unfortunately, new automobiles can be typically technically complicated and you might not recognize whether your product conforms to the consumer agreement till long after you buy the product and problems start to arise. Thus, if Following this posession time you fail to reject the product, you will be said to have accepted it and may have no claim through the UCC.

The duration of the inspection time period is not outlined in the regulation. Local courts decide how long the reasonable review period is based on the purchaser's expertise and personal experience, the purchaser's trouble in coming upon the flaw, and the purchaser's opportunity to notice the fault.

In spite of this limitation, the UCC provides that in certain examples where a consumer is deemed to have accepted products (i.e. the reasonable review period has passed), a consumer may still revoke his approval of those products where the non-conformity often degrades the economic value of the products to him. Those cases include examples in which it was burdensome to detect the nonconformity or the consumer was told that the non-conformity would be fixed. Put differently, the local court will relieve the consumer from not refusing the products where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a vehicle excessively fails and you have to keep taking it back to the dealership for repair under the warranty, the car lemon law might be your next course of action. The failing should be substantive where it hampers your driving the motor vehicle or your safety. A motor vehicle stalling frequently is a substantive failing. This is precisely the type of problem that can hinder your driving and your safety. Under the car lemon law you are not expected to prove why the auto is stalling, you just have to prove that it is stalling. Basically you need to check into the lemon law in these 3 examples: the auto keeps breaking inside the warranty period, the auto is a safety hazard, the dealer is incapable to rebuild the auto when it is guaranteed.

If you have a motor vehicle which is a lemon you can directly write to the maker and ask for another equivalent motor vehicle. If this request is not acceptable to the maker, you can enter into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers utilize external arbitration program such as Autoline by the BBB. The judgment of the arbitrators is binding on the maker but not on the buyer. If unsatisfied with the assessment, the buyer can take the maker to court.

Virtually all regulations stipulate that the customer must be restored back to the financial position they were in before they purchased the motor vehicle, less the amount that the customer benefited from by using the motor vehicle. To get the payback sum numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new pre-owned cars will qualify under normal lemon laws. For example, a pre-owned auto might fall under regular lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States which do have a pre-owned auto lemon law will be more cooperative with the age and amount of mileage. Still, the car must be sold by a car dealership that extends a written warranty. Personal sales aren't regulated, neither are vehicles sold under a specific original price paid. There might be additional restrictions to a used car lemon law such as the proposes for which the motor vehicle is utilized or the categorisation of motor vehicle. Vintage automobiles, are usually excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period than brand new car regulations. They often range from 30 to 90 days, based on your pre-owned automobile's mileage.
When finding a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing program. Many lemon law lawyers need a rather humble retainer to address a lemon law claim, and subsequently, the lawyer's fees are sent to the manufacturer. Essentially, lemon law claims are normally very affordable to customers. The reimbursement of attorney bills differs from state to state. About half of the states permit you to recoup your Lawyer fees if you win. The lawyer's fee is based on actual time used rather than being connected to any percentage of the recuperation. In a select few States, you must pay the manufacturer's attorney's charges if you lose.

Consumers ought to record their charges in writing and hold a copy. In every written communication, always outline how burdensome it is to take the vehicle to the car dealership for corrections and that the dependability that the purchaser thought He or she was acquiring has been non-existent. Any written communication with a dealership or manufacturer ought to be sent using certified mail. In many claims the manufacturers claim that they haven't had the requisite number of attempts to correct the problem. They assume on the knowledge that the purchaser doesn't keep repair sheets for each time they have brought the automobile into the repair facility. They also assume on the fact that the repair sheets have seperate parts fixed every time establishing that they have not fixed the same defect. Consumers ought to reply by demanding that dealers always give them a warranty repair sheet. Consumers should also contend that these unwritten trips are tries.

Make sure to be knowledgeable of your lemon law rights. Upon purchase, immediately scan your owner's folder and warranty info thoroughly, as well as the facts concerning lemon law rights that you ought to receive when you purchase your automobile. Don't depend on your car dealership to outline which problems are covered by warranty. If your car dealership states that a defect is not covered and you believe that she is decieving you, be polite but surefooted. Don't be frighted to go over the part of the warranty that applies, or to call the original maker for confirmation using the contact information included in your owner's folder. You shouldn't be obliged pay for work linked to lemon law complaints. It's also necessary to notify the original maker of a complaint straightaway. If you think that your motor vehicle has a problem which just can't be fixed, check out your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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