Colorado Lemon Law
The Colorado lemon law provides consumers with protection against the potential hardships that follow the purchase of a vehicle that experiences persistent mechanical failings that severely impact the use, value and safety of a vehicle. In order for a vehicle to be considered a lemon, the substantial defect must fail to be repaired, numerous times, by the manufacturer. Vehicles that fit eligibility requirements may be entitled to a refund or a replacement with a comparable vehicle.
A used car lemon law is not available in Colorado, but you may still be protected beneath the standard law, if the used vehicle is still under the manufacturer’s original warranty. Therefore, it is important to learn more about this law and the vehicles to which it applies. A lemon law attorney can provide you with numerous benefits when attempting to resolve this issue, and obtain the compensation that is allotted to you.
What is the Lemon Law in Colorado?
The car lemon law in Colorado provides vehicle owners with relief if the purchase of a new vehicle turns into a financial disaster. If you have purchased a vehicle that has a substantial mechanical failing, that has not been fixed after multiple attempts to repair by the vehicle’s manufacturer or authorized repair location, you may have a claim beneath this law.
By the Colorado lemon law definition, the vehicle defect must severely impact the use, value or safety of the vehicle. The law does not cover minor defects, such as rattles, squeaks, interior defects and defects that are a result of abuse, neglect or unauthorized modifications or alterations of the vehicle. The law allows the vehicle’s manufacturer to attempt to repair the vehicle a “reasonable number” of times before the law will take effect. The persistent mechanical failing must be the same issue as the law for lemon cars does not cover a variety of issues that take place within a short period of time. The law cannot be applied to:
- Mobile homes or other motor vehicles that are intended for use as homes.
Furthermore, Colorado lemon law coverage is only provided for the first year after the purchase of a new vehicle. Therefore, used vehicles are not covered beneath this law. Before a lawsuit can be filed beneath this law:
- The manufacturer will be allotted four attempts to repair the mechanical failing of the vehicle.
- If the vehicle has been in the possession of the manufacturer or authorized repair location for at least 30 cumulative days, due to the repairs of the vehicle.
A lemon law buyback may be possible if you your vehicle meets this criteria. If a Colorado court finds that the vehicle qualifies beneath the law, and that a reasonable amount of repair attempts has been made, the court may order the vehicle’s manufacturer to repurchase the vehicle from you.
If you win the lemon law suit, the manufacturer must either replace the vehicle with a comparable one or provide a refund for the original purchase price of the vehicle, minus a reasonable allowance for the time that you used the vehicle.
Does the Colorado Lemon Law apply to used cars?
30 day lemon laws on used cars are not available in Colorado. In fact, the law will not apply to the purchase of used cars that are older than one year. If you purchased a vehicle that had a previous owner, but is still under the original manufacturer warranty, and the vehicle is less than 1 year old, you may still have a case if the vehicle turns out to be a lemon.
In some cases, the federal lemon law, the Magnuson-Moss Warranty Act, may be applicable to a used vehicle that turns out to be a lemon, as the law regulates the warranties that dealerships can provide customers.
Since there is only a new car lemon law in Colorado, it is strongly recommended that you take additional precautions when purchasing a used vehicle that will not fit criteria under the current law. It is important to review a vehicle’s history and inquire whether or not the vehicle has been previously returned to the manufacturer, due to mechanical failings that were not repaired within a timely manner. Furthermore, it is strongly recommended that you have the vehicle you are considering reviewed by a licensed mechanic. While you will need to pay for this upfront service, a licensed mechanic may be able to detect any mechanical failings or additional repair costs that you will face soon after purchase.
Since used car laws are not available within the state, knowing the history and potential defects of a vehicle can help protect your financial investment, allow you to make an informed decision on the purchase of a used vehicle and provide you with further negotiating room when it comes to the purchase of the vehicle.
How does the Lemon Law Work in Colorado?
The state lemon law in Colorado requires that you notify your vehicle’s manufacturer of problems with the vehicle as soon as they arise. As stated previously, coverage beneath this law is only provided for the first year of the vehicle’s life.
To seek compensation under the lemon law warranty in Colorado, you must allow the vehicle’s manufacturer to perform the appropriate number of attempts to repair the vehicle defect. Afterward, prior to suing the manufacturer for a replacement or refund, you must send a written notice of defect to the manufacturer by certified mail. The manufacturer will be provided with one final attempt to repair the vehicle and, if the manufacturer has an informal dispute settlement procedure, you must first go through this procedure. If the mechanical failing is not resolved, or if the settlement process does not provide you with the compensation to which you are entitled, you will need to file suit against the manufacturer.
Colorado Lemon Law Lawyers
Consider hiring a lemon law attorney in Colorado when dealing with a lemon vehicle. An attorney can provide numerous benefits, and provide you with representation if you are forced to file a civil suit against a vehicle’s manufacturer. Not only can a lawyer provide guidance throughout the entire lemon car process, but a lawyer can:
- Provide you with more details on the compensation to which you are entitled, including if you are eligible for compensation for tow or rental car expenses beneath the law.
- Provide you with counsel when corresponding with the vehicle’s manufacturer, in order to prevent you from making a statement that could potentially harm your case in court.
- Aid you in the informal dispute settlement procedures, if the vehicle manufacturer has one.
- Hasten the process of seeking compensation for the faulty vehicle.
- Contact the vehicle manufacturer on your behalf.
- Aid you in obtaining any documents that you may need during your civil suit against the manufacturer for the lemon car, if the case goes to court.
How to Tell if Your New Car is a Lemon in Colorado
When determining if the lemon law in Colorado applies to your new vehicle, it is important to review the type of issue that your vehicle is having. If the mechanical defect is significant, of no fault of your own and effects the use, safety and value of your vehicle, then that vehicle is likely a lemon car, if it cannot be repaired. Lemon vehicles are rare, but they do occur. Therefore, if you suspect that your new vehicle may be a lemon, it is important to follow the law’s proceedings, and keep detailed records and receipts of repairs, issues with the vehicle and contact with the vehicle’s manufacturer, as these documents will aid you if the case goes to court.