Colorado Attorney General's Office FAQ
42-10-101 Definitions. 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 warranty.
(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 the ground.
(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 lienholder, 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.
(2) (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
(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
(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 subsection (2).
(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.
42-10-104 Affirmative defenses.
(1) It shall be an affirmative defense to any claim under this
- (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
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
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