Colorado Lemon Law for New Vehicles
The Colorado Lemon Laws guard consumer rights when they have unknowingly purchased a new vehicle which cannot function reliably due to a warranty nonconformity. The Better Business Bureau responds to valid consumer complaints by providing an arbitration service.
Requirements
The Colorado Lemon Laws will enforce the warranty condition of a vehicle for six months past the warranty period or the initial twelve months from the date of delivery. The Colorado Lemon Law protection period is valid until either limit has expired naturally.
The Colorado Lemon Laws are applicable to passenger vehicles which may hold ten people or less and have four or more wheels. It does not apply to motor homes. In addition the vehicle must have been purchased for personal use and must be designed for use on public roadways.
Malfunction
A new vehicle may only qualify for a lemon law remedy if it possesses a warranty nonconformity that severely degrades or impairs performance, renders the vehicle unsafe to operate and/or drastically reduces the market value.
The Colorado Lemon Laws will require that a complaint be filed with a manufacturer within the protection period so they may effect a repair upon the warranty nonconformity. While the manufacturer is allowed several attempts to permanently correct the issue there is a limit to what may be considered fair or reasonable for a new vehicle. Consumers may invoke lemon law remedies after the fourth attempt and/or a vehicle is out of service (due to repair) for thirty days or more.
Party At Fault
The manufacturer will be obligated to repair, replace, or repurchase a vehicle with a warranty nonconformity which has a significant impact on the vehicle. The only exception to this rule exists when a vehicle owner has altered, damaged, neglected, or abused the vehicle and it is proved his/her actions caused the existence of the warranty malfunction.
Compensation
The vehicle owner is entitled to a replacement vehicle of comparable use, value and style or a repurchase of the vehicle with certain factors (such as use) adjusting the payout price.
How To File
Step 1. Lemon Laws assume that a vehicle will function properly or that a vehicle owner is able to prove otherwise. Thus, a successful lemon law dispute will likely involve providing paperwork evidence in a timely fashion. Vehicle owners who organize a filing system of all vehicle pertinent documents will be rewarded with a smoother process when seeking a lemon law remedy to a vehicle out of warranty compliance.
Step 2. Consumers should make it a practice to keep good records when it comes to major purchases such as a new vehicle. Unfortunately not every event will generate paperwork thus, they should also maintain personal records such as a written log. A well maintained vehicle log with updated entries will help establish a timeline of events.
Step 3. Vehicle owners must make the initial contact with the manufacturer by virtue of the fact they are in possession of the vehicle with the warranty nonconformity. They should take a proactive approach and file a written complaint with the manufacturer. This should be sent via registered or certified mail.
Step 4. The Colorado Lemon Laws allow for a certain number of repair attempts to be made by the manufacturer. If however the warranty nonconformity is irreparable the consumer should issue a Final Notice to Repair, Replace or Repurchase to the manufacturer. It is highly recommended to send this notice via registered mail.
Step 5. A manufacturer warranty agreement may list a 16 C.F.R. Part 703 compliant dispute resolution program in anticipation that a vehicle may cause a dispute. If so, then the consumer is required by the Colorado Lemon Laws to participate in the warranty dispute program before pursuing the manufacturer through other avenues.
Step 6. If the consumer and manufacturer disagree about the next step (even after both have participated in the warranty program) the consumer may wish to file a complaint with the Better Business Bureau Auto Line Program. This may be done online. The initial form will determine if the manufacturer participates in the Auto Line Program or not (some do not).
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