The Colorado Lemon Law, also known as the Colorado Motor Vehicle Warranties Act, is a consumer protection law that provides relief to vehicle owners who have purchased or leased a new car with persistent defects. This guide aims to provide a comprehensive understanding of the law, including eligibility, the complaint process, and potential remedies available for consumers.
Eligibility Criteria: Know if Your Vehicle is Protected
To determine whether your vehicle is protected under the CO Lemon Law, consider the following criteria:
- Vehicle Type: The law covers new cars, vans, trucks, and motorcycles with a gross vehicle weight rating of 10,000 pounds or less. The vehicle must be intended primarily for personal, family, or household use.
- Warranty Period: The defect must have occurred within the first 12 months or 12,000 miles of vehicle ownership, whichever comes first.
- Defect Severity: The defect must substantially impair the vehicle’s use, value, or safety.
- Repair Attempts: The manufacturer or authorized dealer must have made at least four unsuccessful repair attempts, or the vehicle must have been out of service for a cumulative total of at least 30 business days due to the defect.
Filing a Complaint: The Colorado Lemon Law Process
If you believe your vehicle qualifies as a lemon under the Colorado Lemon Law, follow these steps to seek relief:
- Notify the Manufacturer: Send a written notice to the manufacturer, detailing the defects and repair attempts. Make sure to keep copies of all correspondence.
- Manufacturer’s Final Repair Attempt: The manufacturer has one last opportunity to repair the defect within a reasonable timeframe, usually 10 days from the date of receipt of the written notice.
- Arbitration: If the manufacturer fails to resolve the defect, you may need to submit your case to an arbitration program. Check your vehicle’s warranty for information on the arbitration program, as manufacturers often require this step before taking legal action.
- Legal Action: If arbitration is unsuccessful, you may choose to file a lawsuit against the manufacturer. Consult with an attorney experienced in lemon law cases for guidance.
Remedies Available for CO Lemon Law Claimants
If your claim is successful, you may be entitled to one of the following remedies:
- Vehicle Replacement: The manufacturer may provide a comparable new vehicle, free of charge.
- Repurchase: The manufacturer may buy back the defective vehicle, refunding the full purchase price, including taxes, fees, and finance charges, minus a reasonable allowance for vehicle use.
- Cash Settlement: In some cases, the manufacturer may offer a cash settlement instead of a vehicle replacement or repurchase.
Frequently Asked Questions: Addressing Common Concerns
- Can I file a claim for a used vehicle? No, the Colorado Lemon Law only covers new vehicles.
- What about leased vehicles? Leased vehicles are covered under the Colorado Lemon Law, as long as they meet the eligibility criteria.
- Do I need an attorney? While hiring an attorney is not required, it is highly recommended to consult with an experienced lemon law attorney to navigate the complex legal process.
- What if I purchased the vehicle in another state? Generally, you must file a claim under the lemon law of the state where the vehicle was purchased.