How does the lemon law process work in Colorado?
Colorado's lemon law is enforced through civil court and is one of the narrower state laws in coverage (1 year window only).
1. Governing Statute
Colo. Rev. Stat. §§ 42-12-101 through 42-12-107, the Colorado Motor Vehicle Warranty Act ("Lemon Law"). Consumer assistance through the Colorado Attorney General's Consumer Protection Section.
2. Coverage
Covers new motor vehicles, self-propelled, that are registered in Colorado. Includes passenger cars and trucks. Excludes motor homes (entirely), motorcycles, off-road vehicles, and used vehicles. Leased vehicles are covered. Business vehicles registered to a small business with 10 or fewer vehicles are included.
3. Lemon Presumption
Under § 42-12-103, a reasonable number of attempts is presumed if within 1 year from delivery or the term of the express warranty, whichever first: (a) the same nonconformity has been subject to repair 4 or more times, or (b) the vehicle is out of service for repair 30+ business days.
4. Notice to Manufacturer
The consumer must report each defect to the manufacturer or dealer. Direct written notice to the manufacturer by certified mail before suit is required only if the warranty booklet so requires.
5. Manufacturer's Buy-Back / Replacement
At the consumer's option, manufacturer must replace with a comparable new vehicle or refund the full purchase price including collateral charges (taxes, license, registration, dealer add-ons, finance charges) minus a reasonable allowance for use (statutory formula based on miles to first repair attempt / 100,000).
6. Arbitration
If the manufacturer has a state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE), the consumer must first resort to it (§ 42-12-104). Decision binds only the manufacturer.
7. Lawsuit & Fee-Shifting
A prevailing consumer recovers reasonable attorney's fees (§ 42-12-104(5)). Parallel claims under Magnuson-Moss (15 U.S.C. § 2310(d)) and the Colorado Consumer Protection Act (§ 6-1-105) — which allows treble damages — are common.
This is legal information, not legal advice.
- Defect surfaced near the 12-month cutoff
- Consumer Protection Act treble damages potential
- Motor home claim (excluded from state Lemon Law) needing Magnuson-Moss route
- Colo. Rev. Stat. §§ 42-12-101 to 42-12-107 (Motor Vehicle Warranty Act)
- Colo. Rev. Stat. § 6-1-105 (Consumer Protection Act)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.