Lemon Law in Colorado
Buying a car can be stressful at all levels. The last thing you want to concern yourself with is the possibility that someone may take advantage of you and sell you a damaged or inferior automobile.
Unfortunately, this is not an uncommon occurrence. But Colorado has lemon laws in place to protect residents who buy a damaged car. In order to exercise your rights, you may want to retain an experienced Colorado lemon law attorney.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Colorado Lemon Laws Apply?
Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Colorado to ensure you remain within the legal confines.
The Colorado Lemon Law Rights Protection Center lists the state’s lemon law protections; both for consumers and for dealers. Before a consumer is permitted to file suit against a manufacturer, he or she is required to send a written notice of defect to the manufacturer. This notice must be delivered by certified mail. Under Colorado’s lemon law, the manufacturer has to have a reasonable number of tries, 4 to be exact, to fix the same defect in the car before the lemon law takes hold.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if Colorado lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
The Colorado Department of Revenue confirms that lemon law protections do not extend to used cars. Motorhomes and motorcycles are excluded from the Lemon Law. Colorado’s Lemon Law covers only new self-propelled vehicles. This does include pickups and vans.
When Should You Hire a Qualified Colorado Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Colorado lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Colorado lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Colorado lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Colorado legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Colorado law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Many dealers and manufacturers have legal provisions worked into the sale of their vehicles that demands you go through an arbitration process before filing suit. To this end you may wish to consult with an experienced lemon law attorney in Colorado before moving forward in the Colorado Courts. The U.S. PIRG Education Fund provides information on the auto manufacturers that are most sued in the U.S.
Work With an Experienced Colorado Lemon Law Attorney!
Do you need immediate help? Then one of our experienced lawyers in Colorado can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Colorado state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Colorado lemon law attorney!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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