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Colorado allows replacement or refund for vehicles identified as lemons. The law is somewhat less favorable to the vehicle owner than the laws of other states in that the option of providing a refund or replacement is left to the discretion of the manufacturer. Why the manufacturer should be permitted to make this decision is a mystery to us, but the the law stands as written.
A refund, if offered, shall include the full purchase price, including sales tax, license fees, registration fees, and any other government charges. The manufacturer shall be permitted to deduct an allowance for use by the consumer.
If the manufacturer has an arbitration program, then participation on the part of the vehicle owner is mandatory. This is fairly common with state lemon laws; the manufacturer has established the arbitration program for the purpose of expediting a process that otherwise can drag out for months or years in the court system. In this case, a hearing is scheduled fairly quickly, each side states his or her case, and the arbitrator rules in favor of one side of the other. The decision of the arbitration panel is not binding, however. The vehicle owner may elect to sue the manufacturer if he or she is not satisfied with the ruling of the arbitration panel. Should a lawsuit be necessary, it would be wise to hire an experienced attorney to assist with the case.
All in all, this law is a bit more manufacturer-friendly than most such statutes, as it permits the manufacturer to decide if a refund or replacement is appropriate. Most other states permit the owner of the defective vehicle to make the decision, which we think is fair.
Those seeking further information may contact:
State of Colorado Motor Vehicle Dealer Board Dealers Section 1881 Pierce Street, Suite 142 Lakewood, CO 80214 (303) 205-5604
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Details can be found the Colorado Lemon Law page
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