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Colorado

Colorado Lemon Law

Colo. Rev. Stat. §§ 42-10-101 to 42-10-107; see also Colo. Rev.

Stat. §§ 12-6-120(1)(a), 12-6-122(2)

Vehicles covered: Passenger vehicles normally used for personal,

family, or household use and sold in-state, including pick-up trucks

and vans; excludes vehicles that carry more than ten persons, motor

homes, and vehicles with three or fewer wheels (§ 42-10-101(2)).

No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty (§ 42-10-

101(1)).

Period covered: Whichever comes first: expiry of term of warranty

or one year from date of delivery (§ 42-10-102).

Disclosure requirements: Dealer shall have notification form with

manufacturer’s name and address inserted in owner’s manual; form

shall disclose clearly the notice requirements necessary before

consumer can obtain remedies (§ 42-10-103(2)(d)).

Required consumer notice: Written notification by certified mail to

manufacturer (§ 42-10-103(2)(c),(d)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of thirty or more business days (§ 42-10-103(2)(a)).

Opportunity to cure after required notice from consumer (§ 42-

10-103(2)).

Affırmative defenses: The nonconformity does not substantially

impair the use and market value of the vehicle, or is the result of

the consumer’s abuse, neglect, or unauthorized modifications or

alterations (§ 42-10-104); statute of limitations (§ 42-10-107).

Replace/refund: At the manufacturer’s option, the manufacturer

shall replace with a comparable vehicle, or refund the full purchase

price less a reasonable use allowance (§ 42-10-103(1)).

Other reimbursement: Taxes, fees, and charges (§ 42-10-103(1));

attorney fees (§ 42-10-103(3)).

Other remedies: There is no limit on other consumer remedies

(§ 42-10-105). Any person has a cause of action for treble damages

and attorney fees if a manufacturer willfully fails to perform

written warranties (§§ 12-6-120(1)(a), 12-6-122(2)).

Informal dispute resolution: For remedies under this act, a consumer

must first resort to the manufacturer’s informal dispute

settlement procedure, provided it complies with 16 C.F.R. pt. 703

(§ 42-10-106).

Resale of lemon: Written notice required before resale (§ 6-1-

708(1)(b)).