- Car repairs must meet state guidelines to qualify under the Lemon Law.automobile engine image by palms from Fotolia.com
There are certain stipulations the car must meet before its owner is eligible to file a Lemon Law claim against a car dealership in Colorado. The car must be in a repair shop for a total of 30 business days within one year of vehicle delivery; the days do not have to be consecutive. Or it has to be in a repair shop because of the same repair four or more times within the same year. - Make sure to read the vehicle warranty for coverage.One year warranty gold medal image by patrimonio designs from Fotolia.com
The Lemon Law is generally restricted to the terms of the warranty. The warranty is meant to ensure the consumer that repair problems will be taken care of to match the vehicle warranty. The law does not stipulate the vehicle will be replaced automatically. Warranties do not generally cover squeaks, repairs occurring from consumer negligence or unauthorized modifications. The malfunction must substantially degrade the vehicle's market value or qualify the vehicle as nonconforming to warranty standards. - Send a letter to the dealership before taking any legal action.e-mail image by fotoman_65 from Fotolia.com
Before a Lemon Law suit can be filed in Colorado, the owner of the vehicle must notify the dealership by certified mail. The proper address can be found in the owner's manual. The letter will allow the dealership the opportunity to satisfactorily rectify the problem. This is done after the vehicle meets the Lemon Law stipulations. After, an informal dispute settlement then occurs. If the consumer is still not satisfied, he may file a formal complaint. - Statute of limitations enforces time restrictions.calendar image by Christopher Hall from Fotolia.com
The Colorado Lemon Law operates under a statute of limitations, which means the consumer only has a certain amount of time in which to file a formal complaint. According to the Colorado Motor Vehicle Industry Laws and Regulations, the consumer has either six months after the warranty's expiration date or one year after the original delivery of the vehicle to file a complaint. - It is good to seek legal advise before any court proceedings.marteau image by photlook from Fotolia.com
To file a formal Lemon Law complaint, a consumer may visit the Auto Industry Division of the Department of Revenue in Colorado, or speak with an attorney. If the courts find in favor of the consumer, the dealership has two options. It may replace the vehicle or refund the consumer the full purchase price and all tax and licencing fees. If the dealership chooses to refund the purchase price, it can deduct a fee for vehicle use before any complaints were filed. All court costs and attorney fees may be ordered to be paid by the losing party.
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