Key takeaways
- Protection period: the first 24,000 miles of operation or two years after original delivery, whichever occurs earlier.
- Repair attempts: the same nonconformity subject to repair 3 or more times within that period and it continues to exist.
- Days out of service: out of service for repair a cumulative total of 24 or more business days of the repairer within that period.
- Deadline: within 30 months after original delivery to a consumer. The deadline is tolled while the consumer is in arbitration under § 42-10-106 or while the vehicle is unavailable because of repair.
- The law is Colo. Rev. Stat. §§ 42-10-101 to 42-10-110. Read it with your repair orders and your warranty in front of you.
On this page
Colorado's lemon law is Colo. Rev. Stat. §§ 42-10-101 to 42-10-110, the Colorado Motor Vehicle Repair (Lemon Law), C.R.S. Title 42, Article 10. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Colorado lemon law at a glance
| Statute | Colo. Rev. Stat. §§ 42-10-101 to 42-10-110 |
|---|---|
| Official name | Colorado Motor Vehicle Repair (Lemon Law), C.R.S. Title 42, Article 10 |
| Vehicles covered | Self-propelled private passenger vehicles, including pickup trucks and vans, designed mainly for public highways, carrying no more than ten persons and sold to a consumer in Colorado for personal, family, or household use. Excludes motor homes, vehicles with three or fewer wheels on the ground, and vehicles modified for commercial use. |
| Protection period | The first 24,000 miles of operation or two years after original delivery, whichever occurs earlier. |
| Repair attempts | The same nonconformity subject to repair 3 or more times within that period and it continues to exist. |
| Serious safety defects | A safety-based nonconformity (likely to cause death or serious bodily injury, or a risk of fire or explosion) subject to 2 or more repair attempts within that period and it continues to exist. |
| Days out of service | Out of service for repair a cumulative total of 24 or more business days of the repairer within that period. |
| Notice to the manufacturer | The presumption applies only if the manufacturer received prior written notice by certified mail from or for the consumer that the nonconformity remains after one or more repair attempts. The manufacturer then gets 10 business days after receipt to cure. |
| Dispute programs | If the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies. |
| Deadline to bring a claim | Within 30 months after original delivery to a consumer. The deadline is tolled while the consumer is in arbitration under § 42-10-106 or while the vehicle is unavailable because of repair. |
| Remedies | At the manufacturer's option, a comparable replacement vehicle or a refund of the full purchase price including sales tax, license and registration fees, less a reasonable allowance for use. The allowance is the total contract price or lessee cost multiplied by the miles driven before the first repair visit for the nonconformity, plus miles driven while not out of service for repair, divided by 100,000. |
| Attorney's fees | Yes. The court shall award reasonable attorney fees to the prevailing side in any action to enforce the article. This is not limited to consumers. |
| Used vehicles | No. Article 10 does not apply to used motor vehicles, except that the lemon-buyback inspection and disclosure rules in §§ 42-10-108 and 42-10-109 do apply to them. A person who gets the vehicle for the same purposes during the warranty is a 'consumer'. |
Does your vehicle qualify in Colorado?
The law covers self-propelled private passenger vehicles, including pickup trucks and vans, designed mainly for public highways, carrying no more than ten persons and sold to a consumer in Colorado for personal, family, or household use. Excludes motor homes, vehicles with three or fewer wheels on the ground, and vehicles modified for commercial use. The protection period is the first 24,000 miles of operation or two years after original delivery, whichever occurs earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to repair 3 or more times within that period and it continues to exist.
- Serious safety defect: A safety-based nonconformity (likely to cause death or serious bodily injury, or a risk of fire or explosion) subject to 2 or more repair attempts within that period and it continues to exist.
- Days out of service: Out of service for repair a cumulative total of 24 or more business days of the repairer within that period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The presumption applies only if the manufacturer received prior written notice by certified mail from or for the consumer that the nonconformity remains after one or more repair attempts. The manufacturer then gets 10 business days after receipt to cure.
If the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies.
Deadline: Within 30 months after original delivery to a consumer. The deadline is tolled while the consumer is in arbitration under § 42-10-106 or while the vehicle is unavailable because of repair.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the manufacturer's option, a comparable replacement vehicle or a refund of the full purchase price including sales tax, license and registration fees, less a reasonable allowance for use. The allowance is the total contract price or lessee cost multiplied by the miles driven before the first repair visit for the nonconformity, plus miles driven while not out of service for repair, divided by 100,000. Yes. The court shall award reasonable attorney fees to the prevailing side in any action to enforce the article. This is not limited to consumers. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Colorado's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Colorado vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Colorado?
Under Colo. Rev. Stat. §§ 42-10-101 to 42-10-110, the presumption is met when the same nonconformity subject to repair 3 or more times within that period and it continues to exist. A defect likely to cause death or serious injury has its own test: A safety-based nonconformity (likely to cause death or serious bodily injury, or a risk of fire or explosion) subject to 2 or more repair attempts within that period and it continues to exist. The law also counts time in the shop: out of service for repair a cumulative total of 24 or more business days of the repairer within that period.
How long do I have to file a lemon law claim in Colorado?
Within 30 months after original delivery to a consumer. The deadline is tolled while the consumer is in arbitration under § 42-10-106 or while the vehicle is unavailable because of repair. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Colorado lemon law cover used cars?
No. Article 10 does not apply to used motor vehicles, except that the lemon-buyback inspection and disclosure rules in §§ 42-10-108 and 42-10-109 do apply to them. A person who gets the vehicle for the same purposes during the warranty is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Do I have to notify the manufacturer in Colorado?
The presumption applies only if the manufacturer received prior written notice by certified mail from or for the consumer that the nonconformity remains after one or more repair attempts. The manufacturer then gets 10 business days after receipt to cure. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Colorado?
If the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies.
Can I recover attorney's fees under the Colorado lemon law?
Yes. The court shall award reasonable attorney fees to the prevailing side in any action to enforce the article. This is not limited to consumers. We explain exactly how fees work in your case before you sign anything.