LEMON LAW DEMAND LETTER

STATE OF COLORADO

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: COLORADO LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Colorado Motor Vehicle Repair Act, Colo. Rev. Stat. Section 42-10-101 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. COLORADO LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Colorado Motor Vehicle Repair Act, Colo. Rev. Stat. Section 42-10-101 et seq., commonly known as Colorado's Lemon Law.

B. Covered Vehicles

Under Colo. Rev. Stat. Section 42-10-101(3), a "motor vehicle" means:
- A new self-propelled private passenger motor vehicle
- Including pickup trucks, vans, and motorcycles
- Excludes: Motor homes, farm tractors, and vehicles over 10,000 pounds GVWR

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Colorado's Lemon Law.

C. Coverage Period

Colorado's Lemon Law applies during:
- The term of the manufacturer's express warranty; OR
- One (1) year following original delivery
- Whichever occurs first. Colo. Rev. Stat. Section 42-10-103.

D. Presumption of Nonconformity

Under Colo. Rev. Stat. Section 42-10-103(2), there is a rebuttable presumption that a reasonable number of attempts have been made if, within the coverage period:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times and continues to exist; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for a cumulative total of 30 or more business days.

E. Manufacturer Notice Requirement

Under Colo. Rev. Stat. Section 42-10-103(3), the consumer must notify the manufacturer directly by certified mail, return receipt requested, of the nonconformity. The manufacturer has a reasonable number of days (not less than 7 days) for a final repair attempt.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use and market value as required under Colo. Rev. Stat. Section 42-10-103:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Colorado Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Colorado law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Colo. Rev. Stat. Section 42-10-103(2)(a).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, meeting or exceeding the 30-day threshold under Colo. Rev. Stat. Section 42-10-103(2)(b).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq.

VII. ARBITRATION NOTICE

Under Colo. Rev. Stat. Section 42-10-104, if [MANUFACTURER] has established an informal dispute settlement procedure that complies with federal regulations (16 C.F.R. Part 703), the consumer must first resort to that procedure.

**[ ] [MANUFACTURER] has a qualifying arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution. The consumer is not bound by the decision and may proceed to court.

**[ ] [MANUFACTURER] does not have a qualifying arbitration program, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Colo. Rev. Stat. Section 42-10-103, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Colo. Rev. Stat. Section 42-10-103(1)(a), the manufacturer must refund:

The reasonable allowance for use is calculated based on the miles driven and the reasonable use of the vehicle.

[ ] REPLACEMENT

Under Colo. Rev. Stat. Section 42-10-103(1)(b), the manufacturer must provide a comparable replacement motor vehicle.

B. Additional Relief

1. Treble Damages: Under Colo. Rev. Stat. Section 42-10-107, if the manufacturer acted in bad faith, the consumer may recover up to three times the actual damages.

2. Attorney's Fees and Costs: Under Colo. Rev. Stat. Section 42-10-107, a prevailing consumer may recover reasonable attorney's fees and costs.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with written notice as required under Colo. Rev. Stat. Section 42-10-103(3). The manufacturer has at least seven (7) days for a final repair attempt.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fifteen (15) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's arbitration program
[ ] File suit in the appropriate Colorado court
[ ] Report this matter to the Colorado Attorney General

XII. STATUTE OF LIMITATIONS

Please be advised that under Colo. Rev. Stat. Section 42-10-107, any action under Colorado's Lemon Law must be brought within one (1) year after expiration of the express warranty.

XIII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Colorado law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Colorado Attorney General - Consumer Protection Section

COLORADO LEMON LAW QUICK REFERENCE

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Colorado attorney before use.