Although there are many fears a consumer might have at the back of their mind when shopping for a car, winding up with a lemon is likely one of the most common. But don’t write that concern off as paranoia just yet. It’s a more legitimate worry than you might think, even when buying a new vehicle instead of a used one.
However, it’s important to know that if you do wind up with a genuine lemon car on your hands, you don’t have to simply accept it. Here’s a closer look at how that works in the state of Colorado.
Do You Have Legal Rights If Sold a Lemon in Colorado?
Yes, you do. All fifty states have lemon laws in effect to protect citizens, and Colorado is no exception. However, each state’s approach to these laws is a bit different, so it’s important to know the specifics of how they play out where you live.
Colorado’s lemon law only applies to new purchases, so be aware of that. It goes into effect when a consumer purchases a new car, that car turns out to have flaws or defects while still under warranty, and the manufacturer either refuses to fix them or is unable to.
In conjunction with the Magnuson-Moss Act (also sometimes referred to as the Federal Lemon Law), that consumer may have grounds for a lawsuit.
What Qualifies as a Lemon in Colorado?
For a new car to legally qualify as a lemon in Colorado, it must have a flaw, defect, or other issue that drastically affects the owner’s ability to use it safely and effectively.
This flaw, nonconformity, or other defect must be discovered and addressed within one year of purchasing the vehicle. Furthermore, the issue has to be something that couldn’t be fixed within a reasonable number of attempts – typically fewer than three – inside of an equally reasonable time frame.
You may also have a lemon on your hands if your new car already has an exceptional repair history due to problems you and your passengers did not cause. For example, a lemon is further defined as a car that’s required six such repairs total in under a year or that has spent thirty days out of commission due to necessary repairs.
What Should You Do If You Think You Have a Lemon?
Beyond simply knowing what does and doesn’t qualify as a lemon according to lemon law Colorado protocol, here are some steps you can take to protect your rights and ensure the situation is properly resolved.
Give the manufacturer a chance to fix things
Before you pursue compensation for your trouble, you must first give the manufacturer a proper chance to make things right and fix the vehicle.
You should also check to see whether that manufacturer has a formal protocol in place for filing complaints. If so, comply with all directives. Generally speaking, the manufacturer has up to seven days to deliver a formal response to a complaint or request a final opportunity to repair the car.
Issue a written notice
Before you decide to proceed with a potential lawsuit, you should send an official notice detailing your vehicle’s defects to the manufacturer. This should be done via certified mail or a similar method.
Keep careful records
Although saving important paperwork is always crucial when it comes to a major purchase like a car, make sure you keep detailed records. Save and organize everything from purchase receipts to repair invoices, in case they’re needed.
It’s also a good idea to seek professional legal advice any time you’re thinking of filing a lawsuit, so consider consulting a Colorado professional who specializes in Colorado lemon law cases. You’ll be glad you did.
