Motor Vehicle Warranties

C.R.S. tit. 42, art. 10
in effect

C.R.S. § 42-10-101 Definitions

42-10-101. Definitions. As used in this article 10, unless the context otherwise requires: (1) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle that is used for personal, family, or household purposes; any person to whom the motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for the motor vehicle; and any other person entitled by the terms of the warranty to enforce the obligations of the warranty. (1.5) "Lemon law buyback vehicle" means a motor vehicle that was repurchased by or returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer for inability to conform the motor vehicle to the manufacturer's warranty in accordance with this article 10 or with any other state or federal motor vehicle warranty law. (2) "Motor vehicle" means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section 42-1-102 (57), vehicles designed to travel on three or fewer wheels in contact with the ground, or a motor vehicle that has been modified for commercial use. (2.5) "Safety-based nonconformity" means a nonconformity that: (a) Results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven; or (b) Creates a risk of fire or explosion. (3) "Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

C.R.S. § 42-10-102 Repairs to conform vehicle to warranty

42-10-102. Repairs to conform vehicle to warranty. If a motor vehicle has a safety-based nonconformity or does not conform to a warranty and the consumer reports the nonconformity to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles of the motor vehicle's operation or within two years following the date of the original delivery of the motor vehicle to a consumer, whichever occurs earlier, the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer shall make such repairs as are necessary to conform the motor vehicle to the warranty, notwithstanding the fact that the repairs are made after the expiration of the period.

C.R.S. § 42-10-103 Failure to conform vehicle to warranty - replacement or return of vehicle

42-10-103. Failure to conform vehicle to warranty - replacement or return of vehicle. (1) If the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer is unable to conform the motor vehicle to the warranty by repairing or correcting the defect or condition that substantially impairs the use and market value of or safety of the motor vehicle after a reasonable number of attempts, the manufacturer shall, at the manufacturer's option, replace the motor vehicle with a comparable motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including the sales tax, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the motor vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. (2) (a) A reasonable number of attempts is presumed to have been undertaken to conform a motor vehicle to the warranty if: (I) The same nonconformity has been subject to repair three or more times by the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles or within two years following the date of the original delivery of the motor vehicle to the consumer, whichever occurs earlier, but the nonconformity continues to exist; (II) The motor vehicle is out of service by reason of repair for a cumulative total of twenty-four or more business days of the repairer during the mileage specified in subsection (2)(a)(I) of this section or during the time period specified in subsection (2)(a)(I) of this section, whichever occurs earlier; or (III) A safety-based nonconformity has been subject to two or more repair attempts by the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer within the first twenty-four thousand miles of operation or within two years following the date of the original delivery of the motor vehicle to the consumer, whichever occurs earlier, but the safety-based nonconformity continues to exist. (b) For the purposes of this subsection (2), the term of a warranty, the two-year period, and the twenty-four-day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, or fire, flood, or other natural disaster. (c) A presumption under subsection (2)(a) of this section does not apply against a manufacturer unless the manufacturer has received prior written notification by certified mail from or on behalf of the consumer stating that one or more attempts to repair the same nonconformity have been made pursuant to section 42-10-102 and the alleged nonconformity remains, and the manufacturer has been provided ten business days to cure the alleged defect after receipt of the notification. The defect counts as one nonconformity subject to repair under subsections (2)(a)(I) and (2)(a)(III) of this section. (d) Every authorized motor vehicle dealer shall include a form, containing the manufacturer's name and business address, with each motor vehicle owner's manual on which the consumer may give written notification of any defect, as such notification is required by paragraph (c) of this subsection (2), and the form shall clearly and conspicuously disclose that written notification by certified mail of the nonconformity is required, in order for the consumer to obtain remedies under this article. (3) The court shall award reasonable attorney fees to the prevailing side in any action brought to enforce the provisions of this article. (4) A reasonable allowance for use, as described in subsection (1) of this section, must be obtained by multiplying the total contract price or lessee cost of the motor vehicle by a fraction having as its denominator one hundred thousand and having as the fraction's numerator the sum of: asonable attorney fees to the prevailing side in any action brought to enforce the provisions of this article. (4) A reasonable allowance for use, as described in subsection (1) of this section, must be obtained by multiplying the total contract price or lessee cost of the motor vehicle by a fraction having as its denominator one hundred thousand and having as the fraction's numerator the sum of: (a) The number of miles that the motor vehicle traveled before the consumer's first presentation of the vehicle to the manufacturer, the manufacturer's agent, or the manufacturer's dealer or lessor for repair of the nonconformity; and (b) The number of miles that the motor vehicle traveled during any subsequent period when the motor vehicle was not out of service by reason of repair.

C.R.S. § 42-10-104 Affirmative defenses

42-10-104. Affirmative defenses. (1) It is an affirmative defense to any claim under this article 10 that: (a) An alleged nonconformity does not substantially impair the safety of or use and market value of a motor vehicle, as applicable; or (b) A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.

C.R.S. § 42-10-105 Limitations on other rights and remedies

42-10-105. Limitations on other rights and remedies. Nothing in this article shall in any way limit the rights or remedies which are otherwise available to a consumer under any other state law or any federal law. Nothing in this article shall affect the other rights and duties between the consumer and a seller, lessor, or lienholder of a motor vehicle or the rights between any of them. Nothing in this article shall be construed as imposing a liability on any authorized dealer with respect to a manufacturer or creating a cause of action by a manufacturer against its authorized dealer; except that failure by an authorized dealer to properly prepare a motor vehicle for sale, to properly install options on a motor vehicle, or to properly make repairs on a motor vehicle, when such preparation, installation, or repairs would have prevented or cured a nonconformity, shall be actionable by the manufacturer.

C.R.S. § 42-10-106 Applicability of federal procedures

42-10-106. Applicability of federal procedures. If a manufacturer has established or participates in an informal dispute settlement procedure which substantially complies with the provisions of part 703 of title 16 of the code of federal regulations, as from time to time amended, the provisions of section 42-10-103 (1) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

C.R.S. § 42-10-107 Statute of limitations

42-10-107. Statute of limitations. Any action brought to enforce this article 10 must be commenced within thirty months following the date of the original delivery of a motor vehicle to a consumer; except that the statute of limitations is tolled during the period the consumer has submitted to arbitration under section 42-10-106 or while the motor vehicle is not available for use by reason of repair.

C.R.S. § 42-10-108 Third-party inspection - disclosure

42-10-108. Third-party inspection - disclosure. (1) (a) A motor vehicle dealer selling a lemon law buyback vehicle to a potential purchaser for purposes other than for resale must either: (I) Allow a third-party agent of a potential purchaser to inspect the motor vehicle before selling the motor vehicle; or (II) Provide a seven-day free-look period during which the purchaser may return the motor vehicle and receive a refund of all money paid to purchase the motor vehicle, less shipping costs. (b) To make the inspection provided in subsection (1)(a)(I) of this section, a third-party agent may have reasonable access to conduct the inspection, but the third-party agent must be qualified to use or operate any equipment used to inspect the vehicle and must not interfere with normal business operations of the motor vehicle dealer. (2) A motor vehicle dealer selling a lemon law buyback vehicle to a potential purchaser for purposes other than for resale must conspicuously disclose in writing, before the motor vehicle is purchased, to each potential purchaser of the motor vehicle for purposes other than for resale the right described in subsection (1)(a) of this section.

C.R.S. § 42-10-109 Buyback notice

42-10-109. Buyback notice. (1) If the motor vehicle is returned pursuant to section 42-10-103 (1), a manufacturer, a manufacturer's agent, or a manufacturer's authorized dealer shall, before the resale of the motor vehicle in this state: (a) Notify the department of revenue that the motor vehicle was returned to the manufacturer, the manufacturer's agent, or the manufacturer's authorized dealer pursuant to section 42-10-103 (1); (b) Attach a decal to the motor vehicle that clearly and conspicuously reads "Lemon Law Buyback" on the body post to which the driver's door latches, also known as the driver's door B pillar, on the date the motor vehicle is returned and shall not remove the decal; and (c) Apply for a lemon law buyback branded certificate of title pursuant to article 6 of this title 42 in the manufacturer's, the manufacturer's agent's, or the manufacturer's authorized dealer's name. (2) A seller of a motor vehicle, including a manufacturer or dealer, who knows or should have known that the motor vehicle is a lemon law buyback vehicle shall clearly and conspicuously disclose that the motor vehicle is a lemon law buyback vehicle before the sale of the motor vehicle. (3) The seller of a lemon law buyback vehicle shall not remove a lemon law buyback decal from the lemon law buyback vehicle.

C.R.S. § 42-10-110 Applicability

42-10-110. Applicability. (1) This article 10 does not apply to a used motor vehicle; except that sections 42-10-108 and 42-10-109 apply to a used motor vehicle. (2) This article 10 does not apply to a used motor vehicle dealer licensed in accordance with article 20 of title 44.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.docxFetched: 10/6/2026

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