Lemon Law Complaint

COLORADO LEMON LAW COMPLAINT

1. CAPTION

[NAME OF COLORADO COURT]

[COUNTY / CITY AND COUNTY]

CASE NO. [________________________________]

COMPLAINT FOR VIOLATION OF THE COLORADO MOTOR VEHICLE WARRANTIES LAW AND BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] resides in [COUNTY, STATE] and purchased or leased the Vehicle described below for personal, family, or household purposes.

2. Defendant [MANUFACTURER] manufactured the Vehicle, issued or is obligated under the written warranty attached as Exhibit A, and may be served through [REGISTERED AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

4. Venue is proper in this County because [STATE FACTS SUPPORTING VENUE].

3. VEHICLE, TRANSACTION, AND STATUTORY COVERAGE

5. On [DATE], Plaintiff took original delivery of a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING DEALER] under the purchase or lease documents attached as Exhibit B.

6. The Vehicle was sold or leased on or after August 7, 2024. It had a manufacturer's written warranty, labeled as such, with a term ending [DATE / YEARS / MILEAGE]. C.R.S. § 42-10-101(3).

7. The Vehicle is a self-propelled private passenger vehicle designed primarily for public-highway travel and to carry no more than ten persons. It is not a motor home, a vehicle designed to travel on three or fewer wheels, a commercially modified vehicle, or a used vehicle. C.R.S. §§ 42-10-101(2), 42-10-110.

8. Plaintiff is a consumer entitled to enforce the written warranty under C.R.S. § 42-10-101(1). [FOR A LEASE, PLEAD THE FACTS AND LEGAL BASIS ESTABLISHING CONSUMER STATUS.]

4. NONCONFORMITY AND REPAIR HISTORY

9. Within the earlier of the first 24,000 miles of operation or two years after original delivery, Plaintiff reported the following safety-based nonconformity or failure to conform to the written warranty:

[DESCRIBE EACH DEFECT OR CONDITION, WHEN IT APPEARED, THE WARRANTY PROVISION, AND ITS EFFECT ON SAFETY, USE, AND MARKET VALUE].

10. A claimed safety-based nonconformity [WAS / WAS NOT] likely to cause death or serious bodily injury if driven or create a risk of fire or explosion. C.R.S. § 42-10-101(2.5).

11. The condition substantially impaired [SAFETY / USE AND MARKET VALUE] and did not result from abuse, neglect, or an unauthorized modification or alteration. C.R.S. § 42-10-104.

12. Plaintiff first presented the Vehicle for repair on [DATE], at [MILEAGE] miles.

13. The repair history is documented by the repair orders attached as Exhibit C:

14. Select every applicable allegation under C.R.S. § 42-10-103(2)(a):

• ☐ The same nonconformity was subject to repair at least three times during the applicable 24,000-mile / two-year period, but it continues to exist.
• ☐ The Vehicle was out of service for repair for at least 24 cumulative business days of the repairer during the applicable 24,000-mile / two-year period.
• ☐ A safety-based nonconformity was subject to at least two repair attempts during the applicable 24,000-mile / two-year period, but it continues to exist.
• ☐ Even if a statutory presumption is disputed, Defendant had a reasonable number of attempts under the facts proved.

15. Any claimed extension of the warranty, two-year, or 24-business-day period must be limited to a period when repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster. C.R.S. § 42-10-103(2)(b).

5. CERTIFIED-MAIL NOTICE AND TEN-BUSINESS-DAY CURE PERIOD

16. Before relying on a statutory presumption, Plaintiff sent Defendant certified-mail notice on [DATE] stating that one or more repair attempts had been made under C.R.S. § 42-10-102 and the alleged nonconformity remained. The notice and delivery proof are attached as Exhibit D.

17. After receiving the notice, Defendant was provided ten business days to cure the alleged defect. The resulting cure attempt [DESCRIBE THE ATTEMPT OR FAILURE TO ACT AND WHY THE NONCONFORMITY REMAINS]. C.R.S. § 42-10-103(2)(c).

6. INFORMAL PROCEDURE AND TIMELINESS

18. Select the applicable allegation under C.R.S. § 42-10-106:

• ☐ Defendant had established or participated in an informal dispute-settlement procedure that substantially complied with 16 C.F.R. Part 703. Plaintiff first resorted to that procedure on [DATE], completed it on [DATE], and attaches the decision as Exhibit E.
• ☐ Defendant had no procedure that substantially complied with 16 C.F.R. Part 703, so § 42-10-106 did not condition the refund-or-replacement remedy on prior resort to a procedure.

19. This action was commenced within 30 months after original delivery, excluding the time Plaintiff submitted to the § 42-10-106 procedure and the time the Vehicle was unavailable for use by reason of repair. C.R.S. § 42-10-107.

7. COUNT I — COLORADO MOTOR VEHICLE WARRANTIES

20. Plaintiff incorporates paragraphs 1 through 19.

21. Plaintiff timely reported a covered nonconformity, but Defendant and its agents or authorized dealers were unable to conform the Vehicle to the written warranty after a reasonable number of attempts.

22. Under C.R.S. § 42-10-103(1), Defendant must, at the manufacturer's option, either replace the Vehicle with a comparable motor vehicle or accept its return and refund the full purchase price, including sales tax, license fees, registration fees, and similar governmental charges, less the statutory reasonable allowance for use.

23. Any refund must be paid to Plaintiff and any lienholder as their interests appear. C.R.S. § 42-10-103(1).

24. For this post–August 7, 2024 transaction, the use allowance must equal the total contract price or lessee cost multiplied by:

[(miles before the first repair presentation) + (miles driven during later periods when the Vehicle was not out of service for repair)] ÷ 100,000.

C.R.S. § 42-10-103(4).

25. Plaintiff seeks the reasonable attorney fees awarded to the prevailing side under C.R.S. § 42-10-103(3), while acknowledging that the provision is two-way.

8. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

26. Plaintiff incorporates paragraphs 1 through 19.

27. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit A is a written warranty within 15 U.S.C. § 2301.

28. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND FACTUAL BREACH].

29. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite under 15 U.S.C. § 2310(a) and 16 C.F.R. Part 703.

30. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

9. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. The comparable replacement or return-and-refund remedy selected by Defendant under C.R.S. § 42-10-103(1), less only the lawful use allowance;
2. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
3. Reasonable attorney fees to Plaintiff if Plaintiff is the prevailing side, plus other costs and fees where authorized;
4. Prejudgment and post-judgment interest where authorized; and
5. Any further relief the Court deems proper.

10. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable.

11. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Colorado Attorney Registration No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Written warranty
• ☐ Exhibit B — Purchase or lease documents and original-delivery proof
• ☐ Exhibit C — Complete repair orders and business-day calculation
• ☐ Exhibit D — Certified-mail notice, delivery proof, and cure-period evidence
• ☐ Exhibit E — Informal-procedure submission and decision, if applicable
• ☐ Exhibit F — Documents supporting governmental charges, lien payoff, use allowance, and requested relief

13. PRE–AUGUST 7, 2024 TRANSACTION WARNING

14. SOURCES AND REFERENCES

• Colorado General Assembly — 2025 C.R.S. Title 42
• Colorado General Assembly — SB 24-192 bill page
• Colorado Session Laws — SB 24-192, Chapter 450
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310
• eCFR — 16 C.F.R. Part 703