What can the Colorado Lemon Law do if I have a lemon vehicle?
Under the right circumstances, it can make the manufacturer replace or buy it back if your car or light truck had a defect that substantially impaired the use or value or safety of the vehicle and that was not, or could not, be fixed in a timely manner. In a motorhome or motorcycle case, however, the Colorado Lemon Law does not apply at all.
What vehicles are covered by the Colorado Lemon Law?
The Colorado Lemon Law covers cars, trucks and vans intended for highway use and with at least 4 wheels but not motor homes or motorcycles. But you may still have lemon law rights under the federal Lemon Law (technically called the Magnuson Moss Warranty Act), if your product was designed for consumer use. This federal Lemon Law requires the manufacturer to repair a warranty-covered defect within a reasonable amount of time and a reasonable number of chances. You can read about it at this How-To Guide: How to Get Rid of a Lemon Rv or a Lemon Motorhome, https://www.avvo.com/legal-guides/ugc/how-to-get-rid-of-a-lemon-rv-or-a-lemon-motorhome
How do I know if I have a lemon vehicle in Colorado?
A lemon motor vehicle in Colorado is one where: the same defect has been repaired 4+ times and isn't fixed, or it's been out of service for a total of 30+ business days. The manufacturer's dealer is only allowed a limited number of chances to repair defects in your vehicle. If one or more of the lemon definitions occurs, then you've got a lemon.
I think I have a lemon under the Colorado Lemon Law, so what do I do now?
Contact the manufacturer directly and start negotiating. Write a letter and send it by certified mail. You can also write an email or send a fax or call to complain. And make notes of everything as it happens. And send copies to the dealer too. If the problem has not been fixed and you meet any one (or more) of the definitions of a lemon vehicle, ask them to replace it or buy it back. You get your choice. If they won't do it, then you may want to complain to the Colorado Attorney General's Consumer Protection Office or contact a private attorney. Make notes of everything that you say to them and they say to you, so you have a record in case you need it later.
The manufacturer wants to charge me for my mileage (a "usage fee"), do I have to do that?
Yes but only a reasonable amount for your use of the vehicle prior to the first time you reported it had a defect and for all later defect-free use by you of the vehicle. But it's all negotiable, including the amount.
Should I file for arbitration? What if I don't want to go that route to get rid of my lemon?
Most car and truck manufacturers have a settlement process that is sometimes called "arbitration" and you can use their process if you want and you don't have to hire a lawyer to do it, but you may at your own cost. If you don't want to go through the factory's "dispute resolution process" (that's what they sometimes call it) you may not have to but you should talk to an experienced Lemon Law attorney about the advantages and disadvantages of it. If you aren't satisfied with the offer the manufacturer makes, or with the result of arbitration (if you try it), then you should discuss your case with a Lemon Law attorney and find out just how strong (or weak) your case may be.
Do I have to hire a lawyer to use the Colorado Lemon Law?
No, but you probably would do better if you did. There have been some studies done and they all come back the same way. You get paid more when you have a lawyer on your side. Why? You have to realize that when you try to negotiate with a manufacturer you will be dealing with professional negotiators who are paid to settle with you for as little as they can and, they are hoping it will be nothing at all if they can. This isn't going to be easy. They often tell you what they think the law is and why your case doesn't fit it and if you don't know the law then you probably don't know how to argue back with them. So how do you get ready for a lawyer? First decide what it is that you want and what the minimum is that you will settle for. Next, get all your paperwork together and write out a diary of everything that happened from beginning to end and then make an appointment to meet with your local Lemon Law attorney.
How can I find out more about the Colorado Lemon Law and other consumer protection laws for lemon owners?
For more information, write to the Colorado Attorney General, Consumer Protection Office, 1300 Broadway, 10th Floor, Denver, CO 80203. Or call the Consumer Protection Division, 1.720.508.6000. For online information go to www.NewCarLemonLaw.com for more information or legal help.
What should I do next to use the Colorado Lemon Law to get rid of my lemon?
Talk to your lemon law lawyer. Together you can decide whether to file a lawsuit or attempt to negotiate "pre-suit" (which means without filing a lawsuit). If they don't make an offer that you can live with then you can expect that a lawsuit will likely be necessary. Your lemon law attorney can discuss the court process with you in detail and tell you how long it may take and what you can expect out of it. Most importantly, you should discuss with your attorney things like your continued use of the vehicle, what to do if more defects arise, the desirability of hiring an independent expert witness, and what you can do to help win you case.
Additional resources provided by the author
The Colorado Lemon Law can help you get rid of your lemon vehicle but you should work with your lemon law attorney closely to get the best result. Here are some more resources you can turn to for more information, answers, and help.
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