Colorado Lemon Law
Colorado Revised Statutes § 42-10-101 et seq.
By seeking information about your consumer rights and the professionals that can help you assert your rights, you have taken the first important step in standing up for yourself and getting what you paid for. Many people mistakenly believe that when their new vehicles have repairs made under warranty for “free” there is no violation of the law, even if they have to get warranty repairs repeatedly or the repairs take too much time. The Colorado Lemon Law* says otherwise.
You are entitled to Lemon Law protection when your vehicle has been in the shop for an unreasonable number of repairs or an unreasonable amount of time.
Consumers have a right to recovery regardless of the cost of repairs.
The Colorado Lemon Law protects consumers of cars, trucks, and vans.** The Law protects a consumer when his/her vehicle exhibits a defect or condition that negatively affects the vehicle’s use, value, or safety. You are entitled to Lemon Law protection when the vehicle has been in the shop for an unreasonable number of repairs or an unreasonable amount of time. Even if the vehicle is presumably fixed by the last repair visit, the unreasonable repair history and headaches you suffered are not just simply erased; you still have a right to recovery.
There are many ways to establish an unreasonable repair history.
What constitutes an unreasonable number of repairs or an unreasonable amount of time in the shop is determined objectively by using what an average person would consider unreasonable under the circumstances.
To assist consumers, the Lemon Law provides a presumption in favor of consumers when a vehicle has been in the shop a certain amount of times or a certain number of days. According to the Lemon Law, it is legally presumed that a manufacturer had a reasonable opportunity to repair your vehicle when, either, your vehicle has had four or more repairs for the same problem, or, if the vehicle was out of service for 30 or more total days as a result of all its different repairs.
Please note this is just a legal presumption added to help consumers like you prove Lemon Law claims, it is not a barrier to a valid claim.
In fact, you may still have a valid Lemon Law case even if your vehicle does not meet the presumption, as long as the repair history is such that average consumer like yourself would consider the number of repairs or days in the shop unreasonable under the circumstances.
Consumers are also protected under federal law.
The Magnuson-Moss Warranty Act, 15 U.S.C. §2301 et seq. (“MMWA”) is a federal law (basically a federal Lemon Law) that applies to all consumer product written warranties In other words, if your vehicle experienced defects that were covered or repairs attempted via the manufacturer’s written warranty, you may be entailed to protection. The Statute protects vehicles that have timed out of the Lemon Law and older warranted vehicles that would normally not be included in the State Lemon Law. Where applicable, both the Lemon Law and MMWA are used simultaneously to aid consumers.
If you feel like you’ve suffered enough because of your defective vehicle, please submit the information requested in our FREE CASE REVIEW. We can help you determine whether the repair history merits a claim for recovery.
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