Lemon Laws in Colorado
As a nation of consumers, we have come to expect a level of performance standards with regard to all the items we purchase. In other words, when we buy a product we expect it to “deliver the goods.” This goes for televisions, computers, refrigerators and cars. Obviously, there can be no such thing as 100% performance guarantee.
Sure we can get a refund, but the truth is that things just break down. However, they should break down over the course of normal use and not within moments of purchasing the product. When that happens, you’ve got a lemon.
If you bought a car in Colorado that turns out to be a lemon, there is a law on the books to protect you. This law can be found under the Colorado Statutes 42-10-101 through 42-10-107. But you don’t need a legal degree to make sense of your rights when it comes to the Colorado Lemon Laws.
Colorado Lemon Law Qualifications
First up for consideration is what constitutes a car in this context. This would be any auto, pickup truck or van that carries less than ten passengers. Motor homes or vehicles with three wheels or less don’t count and aren’t covered. The lawyers describe a lemon problem as a “motor vehicle that does not conform to a warranty.” This means it’s broken, you can’t drive it and it wasn’t your fault.
When a defect pops ups, a mechanic authorized by your dealership has to have the opportunity to fix the problem. The reasonable amount of fix attempts in Colorado would be four. Beyond that, if you can even drive the car for a total of 30 days because of this same problem then you would be entitled to seek a remedy for what ails you.
All of this has to occur within one year of you buying the car. However the lawyers have worked out an extension of this fixing time if the “repair services are not available to the consumer because of war, invasion, strike, or fire, flood, or other natural disaster.” Good to know you will be covered!
Colorado Lemon Law Retribution
Once you have determined that your car is a lemon then you will need to notify the car maker. Chances are you will have already generated some sort of file every time you took your car in for a repair. However, you will have to make it official be sending them a certified letter declaring your intent to seek retribution. This means you have the option to get a replacement vehicle or a complete refund.
It goes without saying that the car makers aren’t just going to take your word. You will have to present them with a complete record of all your repairs and incidents related to this single problem. They might also be allowed to make one last ditch effort to fix the car. After that, they will need to honor the lemon law with the new car or refund.
If you opt for the refund, then you will also be entitled to all the taxes, registration fees, towing and repair costs that you had to pay out of pocket. Suppose the auto maker balks at all of this? You would be well within your rights to take them to civil court to sue for the refund or replacement. If you win, the other side will have to pay your attorney fees. However, the opposite holds true if you lose. Bottom line: make sure you have a strong case!
