Lemon Law in Colorado
What is the Colorado Lemon Law?
One of the last things that anybody thinks about when driving a shiny new car off a dealer's lot is that their new pride and joy just might have a defect that will cause endless havoc. But it happens, and in many cases that defect cannot seem to be repaired even after countless attempts.
Luckily, state governments, with a bit of federal backing, have enacted consumer protection laws (lemon laws) assisting buyers in retrieving new replacement vehicles, or a return of money for flawed vehicles meeting certain conditions.
In general, a new vehicle that cannot be repaired after a number of attempts within a certain amount of time must be replaced or repurchased by the manufacturer.
On this page you'll find a basic overview of Colorado's lemon law and the steps to take if you find yourself stuck with a sour one.
What is a Lemon Law Car in Colorado?
Colorado's Lemon Law (a.k.a. Warranties Act) comes into play when a new car, truck, or van under warranty has some sort of recurring malfunction that hinders the vehicle's function and skews its value more than normal appreciation loss.
NOTE: Motorcycles and motorhomes are not included in the Colorado lemon law. Additionally, minor defects and damages caused by neglect, misuse and alterations are not covered in the lemon law.
If, within 1 year of purchasing the vehicle, every valiant effort has been made to fix the defect (and it has to be the same defect) the buyer may be able to apply the Lemon Law. Colorado statute defines "a reasonable number of attempts" as 4 attempts or a total of 30 days (not consecutive) in a shop within 1 year.
Your vehicle manual will list the manufacturer representative to contact so you can begin the complaint process. It is extremely important that you document everything during this time period, especially the frequent visits to the service garage.
Filing a Lemon Law Complaint in Colorado
To begin the lemon law process, you must first notify the manufacturer by certified mail of the issue. (Check your owner's manual to find out whom to contact).
If a manufacturer participates in an informal dispute resolution procedure, you must attempt a resolution this way before you can begin a lawsuit.
If the settlement offered is unsatisfactory, your next step is to file suit. The suit must be filed:
- Within 6 months following the expiration date of any warranty term.
- Within 1 year following the date of the original delivery of the vehicle to you, whichever comes sooner.
Whether you're in arbitration or proceeding with a lawsuit, a CO lemon law attorney can be a huge asset and can work to get you the compensation you deserve or a replacement vehicle.
Hiring CO Lemon Law Attorneys
If you're uneasy or unsure that you're properly prepared to handle your lemon law case, it would be wise to enlist some professional legal advice. With a Colorado lawyer at your side, you'll be more confident and better prepared to win you case.
Attorneys with lemon law experience will understand what exactly you'll need to get your manufacturer to comply and can work with you to ensure you don't do anything to damage your case.
Keep in mind that not all lawyers are created equal. When interviewing lemon lawyers in Colorado, make sure to ask about their:
- Lemon law experience.
- Case track record.
- Policy for handling fees.