Sometimes, when an owner purchases a new car, that vehicle may be defective for whatever reason. These vehicles, which are defective at the time of purchase, are known as “lemons”. Colorado law provides certain protections for purchasers of such vehicles under Colorado Lemon Law.
Colorado Lemon Law defines eligible vehicles narrowly. Such vehicles include passenger vehicles designed primarily for travel on public highways which are used to carry ten or fewer people. Motor homes and vehicles with fewer than three wheels are not covered under this law. In addition, the law only covers new vehicles.
If a vehicle is defective during either the term of its warranty, or for a one-year period after its delivery to the buyer, whichever is earlier, the manufacturer, agent, or authorized dealer is responsible for making necessary repairs such that the vehicle conforms with its warranty. The buyer must give the responsible party prior written notice by certified mail of the alleged defects.
The responsible party must then make a reasonable number of attempts to repair the issue. A reasonable number of attempts includes either four or more attempts to repair the issue, or repair attempts that keep the vehicle out of service for more than 30 days during the period of coverage. If the issue cannot be repaired after a reasonable number of attempts, the manufacturer may choose to either replace the vehicle or fully refund the purchase price to the buyer.
The manufacturer, agent, or authorized dealer are not liable for nonconformity under two circumstances. The first is that the alleged nonconformity does not substantially impair the use and market value of the vehicle. The second circumstance is that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations to the vehicle by the consumer.
If the buyer intents to make a claim under this law, they must bring the claim within six months of the expiration date of the warranty term or within one year after the delivery of the vehicle, whichever is earlier.