Colorado Lemon Law Firms and the Colorado lemon law code.

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.

Generally, the Lemon Laws specify that if you purchase (and in many states, lease) a new or used car or other car covered by a manufacturer's warranty that is found to be damaged after repeated repair attempts, and the manufacturing business just can not restore it even with consecutive tries (within a defined time limit that fluctuates from state to state), or if the product is not drivable for a stipulated time (often 30 days) due to its defects, you are eligible to a wide number of maltreats, inclusive of:

1. Monetary damages
2. A payback of the purchase cost
3. A brand new automobile
Moreover, just about all the Lemon Laws (and the Federal Warranty Law) incorporate a fee switching element that provides that if you win your lawsuit, the original producer or dealer that sold you your lemon is expected to pay for attorneys' invoices.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Although the attributes of each state's statute are distinct, the conventional state Lemon Law statute offers help to a consumer with a malfunctioning car covered by a warranty if:

1. The dealership or original producer just can't correctly remedy a specific defect in the item after a sensible number of repair tries (ordinarily at least three);
2. The motor vehicle can't be used for at least 30 days due to faults in the vehicle; or
3. The car dealership or original producer just can't fix a gremlin that is a endangering safety hazard.

Typically, a defective car is a car with a condition or affliction that often degrades its function, value, or safety to the consumer and does not conform to the written warranty. Typically, the time period in which the Lemon Laws apply are rather short; the defects and consequential repair efforts (or out-of-service time) occasionally will take place during the first two-years or 24,000 miles in which the purchaser owns the automobile. However, a number of states have even shorter time periods. Also, almost all states have notification and activation requirements, such as asking the consumer to send registered post notice to the manufacturing business of the shortcomings and affording the car dealership a period to repair the car. Furthermore, most states require that Lemon Law claims be resolved through an arbitration process.

Generally, state Lemon Law regulations also are applicable to leased automobiles and used vehicles purchased whilst under the manufacturing business* written warranty. A number of state Lemon Laws also apply to automobiles other than passenger cars. depending on the buyer's state of residence, or the state where the consumer bought the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (such as computers)
There are a number of significant remedies available under the Lemon Laws. Frequently, if the manufacturing business can't fix the motor vehicle, the consumer can either call for the manufacturing business to replace the motor vehicle, or force the 'last to take the motor vehicle and return the original price paid along with incidental damages, such as all invoices, towing fees, repair charges, related transportation costs and other charges incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important relief available under most Lemon Laws is litigation fees. In almost all states, if you win in a Lemon Law suit, you do not have to pay any legal charges-the motor vehicle manufacturer that sold you your lemon is required to pay attorneys' charges.

The defendant motor vehicle manufacturer can employ assorted defenses to a Lemon Law claim. The typical statute provides that the original equipment manufacturer is not responsible if it can establish that the problems in dispute came about because of harm, neglect, or the modification or alteration of a car by anyone other than the original maker, an agent, or an authorized dealer. Restated, if the consumer breaks his or her own automobile, or the problems were the fault of modifications or adjustments carried out by an unauthorized dealer, the original maker might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to give consumers itemized information about warranty coverage benefits. Additionally, it shapes both the rights of customers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't demand an car original maker to furnish buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act provides a number of protections for the consumer. The Magnuson Moss Act makes it easier for customers to sue for not honoring the warranty by making breach of warranty noncompliance of federal law, and by permitting purchasers to recuperate litigation costs and reasonable attorney's fees.

The Magnuson Moss Act is oftentimes useful in a lemon case where, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For instance, contrary to the generally short period of time offered to public consumers with most Lemon Laws, you could bring a claim for breach of warranty after the warranty period has expired if the defects occured during the warranty time period. In addition, although a few Lemon Laws limit their coverage to a very specific number of cars, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act could also be applicable if you bought or leased a used vehicle without a manufacturing business warranty, or if the vehicle is covered by a service contract or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in all 50 American States. It is the prime source of law regulating product contracts, including motor vehicles and other items. The UCC offers a legal route for customers with lemon problems.

UCC code provides that the consumer of a product is entitled to return merchandise which do not perform in any aspect to the contract. In essence, if your new automobile does not operate as pledged by the manufacturing business (your manufacturer warranty is a portion of your consumer warranty), you may have a claim citing the UCC in addition to any additional claims you may have.

The time for rejecting a car with the UCC is not unlimited. If you find a defect in your car inside a fair inspection time period, you may refuse the motor vehicle. Unfortunately, new cars are typically mechanically complicated and you may not acknowledge if your car conforms to the contract till after you acquire the car and defects begin to arise. In essence, if After this inspection time you fail to reject the car, you will be said to have accepted it and might have no claim through the UCC.

The duration of the inspection time period is not outlined in the statute. The Courts decide how long the sensible inspection period is based on the buyer's expertise and past experience, the buyer's difficulty in discovering the fault, and the buyer's opportunity to observe the failing.

In spite of this restriction, the UCC states that in certain examples where a purchaser is pronounced to have approved of products (i.e. the sensible inspection time period has elapsed), a purchaser may still disclaim his approval of those product where the non-conformity substantially cripples the marketability of the product to him. Those cases include examples where it proves difficult to detect the nonconformity or the purchaser was assured that the non-conformity would be fixed. Put differently, the local court will exempt the purchaser from not refusing the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively breaks and you have to keep taking it back to the dealer for repair under the warranty, the automobile lemon law may be your next course. The failing must be substantial where it impedes your driving the motor vehicle or your safety. A motor vehicle stalling for no reason would be a substantial failing. This is precisely the type of problem that could diminiah your driving and your safety. Under the vehicle lemon law you are not obligated to indicate why the car is stalling, you merely have to demonstrate that it is stalling. Thus you need to check the lemon law in these three instances: the car keeps failing inside the warranty period, the car is a safety risk, the dealer is unable to rebuild the car when it is warranted.

If you own a motor vehicle which is a lemon you can immediately write to the manufacturer and ask for another equivalent motor vehicle. If this request is not satisfactory to the manufacturer, you could start into an arbitration arrangement. A few makers use their own arbitration program. Other makers utilize outside arbitration program like Autoline by the Better Business Bureau. The judgment of the arbitrators is binding on the manufacturer but not on the purchaser. If unsatisfied with the assessment, the purchaser can take the manufacturer to court.

Virtually all regulations specify that the consumer must be returned back to the fiscal situation they were in prior to purchasing the motor vehicle, less the sum that the consumer profited from by using the motor vehicle. To get the repayment total various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used automobiles might qualify under regular lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a pre-owned car lemon law will be extra cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealer that extends a warranty. Personal sales aren't governed, nor are motor vehicles sold under a declared original price paid. There could be additional restrictions to a used car lemon law such as the proposes in which the motor vehicle is driven or the categorisation of motor vehicle. Vintage vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws ordinarily cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When choosing 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 system. Many lemon law attorneys get a generally small retainer to cover a lemon law claim, and afterward, the attorney's invoices are billed to the original equipment manufacturer. In essence, lemon law claims are oftentimes very inexpensive to customers. The reimbursement of lawyer expenses varies from state to state. About half of the states allow for you to recoup your Lawyer fees if you win. The lawyer's fee is based upon actual time logged rather than being connected to any other share of the recovery. In many States, you have to pay the manufacturing business* attorney's charges if you lose.

Consumers should register their concerns in writing and save a copy. In any written communication, always delineate how taxing it is to bring the motor vehicle to the dealership for repairs and that the reliableness that the purchaser thought He was purchasing has been non-existent. Any written communication with a car dealership or original equipment manufacturer ought to be sent using certified postal service. In most claims the makers claim that they have not had the needed number of tries to correct the defect. They count on the fact that the purchaser doesn't keep repair tickets for each instance they have driven the vehicle into the dealership. They also depend on the fact that the repair tickets have different parts repaired each period proving that they haven't fixed the same defect. Consumers ought to respond by demanding that dealerships always hand them a warranty repair ticket. Consumers ought to also contend that these unrecorded trips are attempts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately page through your owner's manual and warranty references entirely, as well as the information concerning lemon law rights which you should obtain when you purchase your car. Don't bet on your dealership to make clear which problems are covered by warranty. If your dealership states that a defect isn't covered and you believe that she is purposely misleading you, be composed but assertive. Don't be scared to go over the section of the warranty that is relevant, or to call the manufacturer for verification applying the contact info included with your owner's manual. You should not be obliged pay for corrections related to to lemon law complaints. It's also necessary to advise the manufacturing business of a complaint right away. If you suspect that your car has a condition which cannot be fixed, check your lemon law rights to see when you are able to bring 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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