Qualifying for Lemon Law
Colorado's
Lemon Law, C.R.S. 42-12-101, covers only new, self-propelled vehicles,
including pickups and vans, but excluding motor homes and motorcycles.
This law may require a manufacturer to replace or repurchase that
vehicle if a defect or condition, which substantially impairs the use
or market value of the vehicle, can not be corrected. If you buy a new
vehicle that has a defect within one year following the purchase, and
the same defect is not repaired after four or more attempts to repair,
a court may order the manufacturer to replace the vehicle or refund the
purchase price minus a reasonable allowance for your use of the
vehicle. This also applies when the vehicle is out of service for
repairs for a cumulative total of 30 or more business days during the
warranty term or one year after original delivery, whichever comes
first.
Filing a Lemon Law Claim
Prior
to suing a manufacturer for a refund or replacement vehicle, you must
first send a written notice of defect by certified mail to the
manufacturer, give them a chance to repair it and go through the
manufacturer's informal dispute settlement procedure, if one exists.
Manufacturers that have a dispute settlement, or arbitration, procedure
that complies with Federal standards are not subject to provisions of
the Colorado Lemon Law concerning refunds or replacement until the customer has
pursued arbitration. Refer to your owner/warranty manual for forms,
manufacturer's name and business address, and dispute settlement
procedures.
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