Colorado State Statutes
As used in this article, unless the context otherwise requires:
(1) "Consumer" means the purchaser, other than for purposes of
resale, of a motor vehicle normally used for personal, family, or household purposes,
any person to whom such motor vehicle is transferred for the same purposes during the
duration of a manufacturer's express warranty for such motor vehicle, and any other
person entitled by the terms of such warranty to enforce the obligations of the
(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) or vehicles designed to travel on three or fewer wheels in contact with
(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.
42-10-102 Repairs to conform vehicle to warranty.
If a motor vehicle does not conform to a warranty and the consumer reports the
nonconformity to the manufacturer, its agent, or its authorized dealer during the term
of such warranty or during a period of one year following the date of the original
delivery of the motor vehicle to a consumer, whichever is the earlier date, the
manufacturer, its agent, or its authorized dealer shall make such repairs as are
necessary to conform the vehicle to such warranty, notwithstanding the fact that such
repairs are made after the expiration of such term or such one-year period.
42-10-103 Failure to conform vehicle to warranty - replacement or return of vehicle.
(1) If the manufacturer, its agent, or its authorized dealer is unable to
conform the motor vehicle to the warranty by repairing or correcting the defect or
condition which substantially impairs the use and market value of such motor vehicle
after a reasonable number of attempts, the manufacturer shall, at its 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 lien holder, if any, as their interests may appear. A
reasonable allowance for use shall be that amount directly attributable to use by the
consumer and any previous consumer prior to the consumer's first written report of the
nonconformity to the manufacturer, agent, or dealer and during any subsequent period
when the vehicle is not out of service by reason of repair.
(a) It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the warranty if:
(i) The same nonconformity has been subject to repair four or more times
by the manufacturer, its agent, or its authorized dealer within the warranty term or
during a period of one year following the date of the original delivery of the motor
vehicle to the consumer, whichever is the earlier date, but such nonconformity
continues to exist; or
(ii) The motor vehicle is out of service by reason of repair for a
cumulative total of thirty or more business days of the repairer during the term
specified in subparagraph (I) of this paragraph (a) or during the period specified
in said subparagraph (I), whichever is the earlier date.
(b) For the purposes of this subsection (2), the term of a warranty, the
one-year period, and the thirty-day period shall be 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) In no event shall a presumption under paragraph (a) of this subsection
(2) apply against a manufacturer unless the manufacturer has received prior written
notification by certified mail from or on behalf of the consumer and has been provided
an opportunity to cure the defect alleged. Such defect shall count as one
nonconformity subject to repair under subparagraph (I) of paragraph (a) of this
(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
(3) The court shall award reasonable attorney fees to the prevailing side in
any action brought to enforce the provisions of this article.
42-10-104 Affirmative defenses.
(1) It shall be an affirmative defense to any claim under this article that:
(a) An alleged nonconformity does not substantially impair the use and
market value of a motor vehicle; or
(b) A nonconformity is the result of abuse, neglect, or unauthorized
modifications or alterations of the motor vehicle by a consumer.
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 lien holder 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
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.
42-10-107 Statute of limitations.
Any action brought to enforce the provisions of this article shall be commenced
within six months following the expiration date of any warranty term or within one year
following the date of the original delivery of a motor vehicle to a consumer, whichever
is the earlier date; except that the statute of limitations shall be tolled during the
period the consumer has submitted to arbitration under section 42-10-106.