If you have purchased a new passenger vehicle in the Centennial State, you should be aware of what is covered under the Colorado lemon law. Each state has its own version of lemon law and some have restrictions that others don’t, underscoring the importance of an experienced lemon law attorney.
Does the Colorado Lemon Law Cover Any Type of Motorized Vehicle?
No, Colorado’s lemon law only covers NEW private passenger vehicles, pickup trucks and vans that seat up to 10 occupants. These vehicles must be designed for driving on public roadways and be less than a year old. Motorhomes, motorcycles, and any vehicle with three or fewer wheels are not covered.
What Type of Consumer is Covered by Colorado’s Lemon Law?
According to the Better Business Bureau, the lemon law covers the purchaser, who must be buying the vehicle for personal, family, or household purposes. If the purchaser only intends to resell the vehicle, the lemon law will not apply.
Colorado lemon law also will cover any consumer to whom the motor vehicle is transferred for personal purposes during the time the manufacturer’s express warranty remains in place.
What Type of Issues Are Covered by Colorado’s Lemon Law?
Any defect that interferes with the consumer using the vehicle or that hinders the vehicle’s market value is covered under the lemon law. Such defects or aberrant conditions are known as nonconformities in the eyes of the law. Colorado’s lemon law requires a vehicle’s manufacturer to fix any issues needed to ensure the vehicle conforms with its original warranty.
How Many Chances Do I Need to Give the Dealership to Fix the Same Problem?
According to the Colorado lemon law, a vehicle can be deemed a lemon if:
- The vehicle remains unrepaired after a “reasonable number of attempts” to fix the same issue. Most of the time, this means a repair has been attempted at least four times without success.
- The vehicle has been in the shop for a total of 30 days (not necessarily 30 consecutive days) or more and the problem continues to persist.
As a Colorado Resident with a Possible Lemon, What Do I Need to Do to Ensure Lemon Law Coverage?
Keep accurate records of every time you take the vehicle in for regular maintenance and specific repairs. Keep any email or text message communication, receipts, and work orders that you receive for work done on the vehicle.
When you buy a new vehicle, it’s a good idea to keep a diary of sorts, noting each time you have taken the car or truck back to the dealership. Note any problem you notice and the date you first identified the issue. Even keep track of how long the dealership has your vehicle for each repair and ask for as much detail as possible regarding how they attempted to fix the issue.
When you take your vehicle to the dealership the first time due to an unforeseen problem, you really don’t know if it will be the first and last time the issue needs to be addressed or if it will repeat itself and fall under lemon law guidelines. By keeping accurate records from the start, you are best protecting your investment. Plus, you will need to know if a particular part that is causing an issue with your vehicle ends up becoming part of a recall.
According to Colorado law, you must notify the manufacturer of the issue by certified mail to start the lemon law process.
If your particular vehicle manufacturer has an informal dispute resolution procedure in place, you are required to try to work out a resolution through that process prior to filing a lawsuit.
If a resolution is unattainable through those means, you may file a lemon law lawsuit within six months following the warranty’s expiration date or within one year following the date you received the vehicle. Of those two dates, the soonest one will take precedence.
If My Vehicle Continues to Have the Same Problem, Can I Receive a New Replacement Car?
Yes, if the manufacturer fails to repair the vehicle, the manufacturer is required to repurchase the car or replace it. If the vehicle is repurchased, the manufacturer is mandated to pay the full purchase price that you paid for the car, along with tax, license, and registration fees. However, a manufacturer is allowed to keep a reasonable amount of money with the notation that you used the vehicle for a certain amount of time before initially writing to the manufacturer about the defect.
How Does the Colorado Lemon Law Rank Amongst Other States’ Laws?
Most states have lemon laws or something similar in place to protect drivers from unexpected defects which can put them at risk for physical and financial harm. However, not all of these state laws function the same.
To help rank these laws, the Center for Auto Safety has put together a definitive ranking based on 10 factors such as the number of repair attempts required, penalties against manufacturers, whether an arbitration program is state-run, and more.
“Today, in an era when new vehicles average over $36,000, the ability to return a lemon is more important than ever for consumers who are put in a frustrating situation, through no fault of their own,” said Jason Levine, Executive Director of the Center for Auto Safety.
At the top of the list is New Jersey, due in part to the state’s lemon law only requiring manufacturers a single chance to fix a serious safety defect and three chances for less severe defects. Similarly, vehicles are only allowed to be out of service for 20 days. Because of these restrictions and the fact that the arbitration is state-run, New Jersey claimed the top spot.
Colorado’s lemon law ranked second to last on the list. The program got points for the number of attempts required for lemon status; it lost points due to attorney’s fees and deductions.
Under Colorado’s Lemon Law, the losing party in a lemon law lawsuit is required to pay attorneys’ fees for the opposing party. Although this ensures that a claimant’s fees would be covered if they win, they would also be forced to pay attorneys’ fees if they lose. A loss and subsequent attorney fees can be avoided by hiring a qualified lemon law attorney who is well versed in the law’s requirements.
Should I Hire a Colorado Lemon Law Attorney?
If you have found yourself stuck with a lemon, you may be able to file a lawsuit and pursue compensation. A lemon law lawyer can help make sense of the state and federal laws that impact your case. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
In addition to the state’s lemon law, the Magnuson-Moss Warranty Act is a federal law that ensures you will receive any reasonable attorneys’ fees after you win your case in court.
Join a Free Lemon Law Defective Vehicle Investigation
You may qualify for this Lemon Law investigation under the following circumstances:
- You purchased your vehicle new;
- Your purchased your vehicle in 2018-2020;
- Your vehicle is still under warranty;
- You have taken your vehicle in for repair several times; and
- It is still having the same problem.
(Note: Residents of North Carolina do not qualify for this investigation.)
See if you qualify by filling out the form on this page for a case evaluation by experienced Lemon Law lawyers or call (877) 289-0615.
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