Title 44, Revenue - Regulation of Activities
0 chapters · 432 sections in this title.
Colo. Rev. Stat. § 44-20-101 Legislative declaration
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(1) The general assembly hereby declares that: (a) The sale and distribution of motor vehicles affects the public interest, and a significant factor of inducement in making a sale of a motor vehicle is the trust and confidence of the purchaser in the retail dealer from whom the p…
Colo. Rev. Stat. § 44-20-102 Definitions
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As used in this part 1, and in part 4 of this article 20, unless the context or section 44-20-402 otherwise requires: (1) Advertise or advertisement means any commercial message in any newspaper, magazine, leaflet, flyer, or catalog, on radio, television, or a public address syst…
Colo. Rev. Stat. § 44-20-103 Motor vehicle dealer board - creation
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(1) There is hereby created and established the motor vehicle dealer board, consisting of nine members who have been residents of this state for at least five years, three of whom shall be licensed motor vehicle dealers, three of whom shall be licensed used motor vehicle dealers,…
Colo. Rev. Stat. § 44-20-104 Board - oath - meetings - powers and duties - rules
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(1) Each member of the board, before entering on the discharge of the member's duties and within thirty days after the effective date of the member's appointment, shall subscribe an oath for the faithful performance of the member's duties before any officer authorized to administ…
Colo. Rev. Stat. § 44-20-106 Records as evidence
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Copies of all records and papers in the office of the board, director, or executive director, duly authenticated under the hand and seal of the board, director, or executive director, shall be received in evidence in all cases equally and with like effect as the original thereof.…
Colo. Rev. Stat. § 44-20-107 Attorney general to advise and represent
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(1) The attorney general of this state shall represent the board, director, and executive director and shall give opinions on all questions of law relating to the interpretation of this part 1 or arising out of the administration thereof and shall appear for and in behalf of the …
Colo. Rev. Stat. § 44-20-108 Classes of licenses
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(1) The following classes of licenses are issued under this part 1: (a) Motor vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used motor vehicles, and this form of license shall permit not more than…
Colo. Rev. Stat. § 44-20-109 Temporary motor vehicle dealer license
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(1) (a) If a licensed motor vehicle dealer has entered into a written agreement to sell a dealership to a purchaser and the purchaser has been awarded a new dealership franchise, the board may issue a temporary motor vehicle dealer's license to the purchaser or prospective purcha…
Colo. Rev. Stat. § 44-20-110 Display, form, custody, and use of licenses
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(1) The board and the executive director shall prescribe the form of the license to be issued by the executive director and shall imprint on each license the seal of their offices. The executive director shall mail the license to the business address where the motor vehicle sales…
Colo. Rev. Stat. § 44-20-111 Fees - disposition - expenses - expiration of licenses
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(1) Each application must be accompanied by the fee established in subsection (5) of this section for each of the following licenses: (a) (I) Motor vehicle dealer's or used motor vehicle dealer's license; (II) Motor vehicle dealer's or used motor vehicle dealer's license, for eac…
Colo. Rev. Stat. § 44-20-112 Bond of licensee
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(1) Before any motor vehicle dealer's, wholesaler's, wholesale motor vehicle auction dealer's, business disposal, or used motor vehicle dealer's license is issued by the board through the executive director to an applicant, the applicant must procure and file with the board evide…
Colo. Rev. Stat. § 44-20-113 Motor vehicle salesperson's bond
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(1) Before a motor vehicle salesperson's license is issued by the board through the executive director to any applicant, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-…
Colo. Rev. Stat. § 44-20-114 Buyer agent bonds
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(1) To be issued a buyer agent's license, an applicant must procure and file with the executive director evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond in the amount of five thousand do…
Colo. Rev. Stat. § 44-20-115 Notice of claims honored against bond
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(1) A corporate surety that has provided a bond to a licensee pursuant to section 44-20-112, 44-20-113, or 44-20-114 shall provide notice to the board and executive director of any claim that is honored against the bond within thirty days after the claim is honored. (2) A notice …
Colo. Rev. Stat. § 44-20-116 Testing licensees
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Persons applying for a motor vehicle dealer's, used motor vehicle dealer's, wholesaler's, wholesale motor vehicle auction dealer's, or motor vehicle salesperson's license under this part 1 shall be examined for their knowledge of the motor vehicle laws of the state of Colorado an…
Colo. Rev. Stat. § 44-20-117 Filing of written warranties
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Each licensed manufacturer shall file with the director all written warranties and changes in written warranties that the manufacturer makes on any motor vehicle or parts thereof. Each licensed manufacturer shall file with the director a copy of the delivery and preparation oblig…
Colo. Rev. Stat. § 44-20-119 Notice of change of address or status
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(1) The board, through the executive director, shall not issue a motor vehicle dealer's license or used motor vehicle dealer's license to any applicant therefor who has no principal place of business as is defined in this part 1. Should the motor vehicle dealer or used motor vehi…
Colo. Rev. Stat. § 44-20-120 Principal place of business - requirements
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(1) The building or structure required to be located on a principal place of business shall have electrical service and adequate sanitary facilities. (2) (a) In no event shall a room in a hotel, rooming house, or apartment house building or a part of any single or multiple unit d…
Colo. Rev. Stat. § 44-20-121 Licenses - grounds for denial, suspension, or revocation
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(1) A manufacturer's or distributor's license may be denied, suspended, or revoked on the following grounds: (a) Material misstatement in an application for a license; (b) Willful failure to comply with this part 1 or any rule promulgated by the executive director; (c) Engaging, …
Colo. Rev. Stat. § 44-20-124 Unlawful acts
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(1) It is unlawful and a violation of this part 1 for any manufacturer, distributor, or manufacturer representative: (a) To willfully fail to perform or cause to be performed any written warranties made with respect to any motor vehicle or parts thereof; (b) To coerce or attempt …
Colo. Rev. Stat. § 44-20-126 Independent control of dealer - definitions
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(1) Except as otherwise provided in this section, no manufacturer shall own, operate, or control any motor vehicle dealer or used motor vehicle dealer in Colorado. (2) Notwithstanding subsection (1) of this section, the following activities are not prohibited: (a) (I) Except as p…
Colo. Rev. Stat. § 44-20-128 Penalty
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(1) Except as provided in subsection (2) of this section, any person who willfully violates this part 1 or who willfully commits any offense in this part 1 declared to be unlawful commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) (a) Any p…
Colo. Rev. Stat. § 44-20-129 Fines - disposition - unlicensed sales
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Of any fine collected for a violation of section 44-20-124 (2), half shall be awarded to the law enforcement agency that investigated and issued the citation for the violation and half shall be credited to the auto dealers license fund created in section 44-20-133. Source: L. 201…
Colo. Rev. Stat. § 44-20-130 Drafts not honored for payment - penalties
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(1) If a motor vehicle dealer, wholesaler, or used motor vehicle dealer issues a draft or check to a motor vehicle dealer, wholesaler, used motor vehicle dealer, motor vehicle auction house, or consignor and fails to honor the draft or check, then the license of the licensee shal…
Colo. Rev. Stat. § 44-20-131 Right of action for loss
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(1) (a) If a person suffers loss or damage by reason of fraud practiced on the person by a licensed dealer or one of the dealer's salespersons acting on the dealer's behalf or within the scope of the employment of the salesperson, or if a person suffers any loss or damage by reas…
Colo. Rev. Stat. § 44-20-132 Contract disputes - venue - choice of law
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(1) In the event of a dispute between a motor vehicle dealer and a manufacturer under a franchise agreement, notwithstanding any provision of the agreement to the contrary: (a) At the option of the motor vehicle dealer, venue shall be proper in the county or judicial district whe…
Colo. Rev. Stat. § 44-20-133 Disposition of fees - auto dealers license fund - created
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(1) The department shall deposit all money received under this part 1 with the state treasurer, subject to section 24-35-101, together with a detailed statement of the receipts, and the money deposited with the state treasurer constitutes a fund to be known as the auto dealers li…
Colo. Rev. Stat. § 44-20-134 Advertisement - inclusion of dealer name
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A motor vehicle dealer or used motor vehicle dealer or any agent of the dealers shall not advertise any offer for the sale, lease, or purchase of a motor vehicle or a used motor vehicle that creates the false impression that the vehicle is being offered by a private party or by a…
Colo. Rev. Stat. § 44-20-135 Audit reimbursement limitations - dealer claims
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(1) (a) A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a motor vehicle dealer for nine months after the date the claim was submitted. (b) A manufacturer, distributor, or manufacturer representative…
Colo. Rev. Stat. § 44-20-136 Reimbursement for right of first refusal
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A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its…
Colo. Rev. Stat. § 44-20-137 Payout exemption to execution
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A motor vehicle dealer's right to receive payments from a manufacturer or distributor required by section 44-20-124 (1)(l) and (1)(r) is not liable to attachment or execution and may not otherwise be seized, taken, appropriated, or applied in a legal or equitable process or by op…
Colo. Rev. Stat. § 44-20-138 Site control extinguishes
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If a manufacturer, distributor, or manufacturer representative has terminated, eliminated, or not renewed a franchise agreement containing a site control provision, the motor vehicle dealer may void a site control provision of a franchise agreement by returning any money the deal…
Colo. Rev. Stat. § 44-20-139 Modification voidable
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If a manufacturer, distributor, or manufacturer representative fails to comply with section 44-20-124 (1)(w)(II), the motor vehicle dealer may void the modification or replacement of the franchise agreement. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch.…
Colo. Rev. Stat. § 44-20-140 Termination appeal
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(1) A motor vehicle dealer who has reason to believe that a manufacturer, distributor, or manufacturer representative has violated section 44-20-124 (1)(d) or (1)(w) may appeal to the board by filing a complaint with: (a) The executive director; or (b) A district court if neither…
Colo. Rev. Stat. § 44-20-141 Stop-sale directives - used motor vehicles - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Average trade-in value means the value of a used motor vehicle as established by a generally accepted, published, third-party used vehicle resource. (b) Stop-sale directive means an unconditional directive fr…
Colo. Rev. Stat. § 44-20-142 Repeal of part
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This part 1 is repealed, effective September 1, 2027. Before its repeal, this part 1 is scheduled for review in accordance with section 24-34-104. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 90, � 2, effective October 1. Editor's note: This sect…
Colo. Rev. Stat. § 44-20-201 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Person means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors. (2) Sell, sold, buy, and purchase include exchange, barter, gift, and offer or…
Colo. Rev. Stat. § 44-20-202 Exclusive finance agreements void - when
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It is unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the bus…
Colo. Rev. Stat. § 44-20-203 Threat prima facie evidence of violation
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Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will d…
Colo. Rev. Stat. § 44-20-204 Threat by agent as evidence of violation
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Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of the person, who is engaged in the business of financing the purchase or sale of motor vehicles or o…
Colo. Rev. Stat. § 44-20-205 Offering consideration to eliminate competition
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It is unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give, any thing or service of value to any person who is engaged in the…
Colo. Rev. Stat. § 44-20-206 Accepting consideration to eliminate competition
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It is unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state to accept or receive, or contract or agree to…
Colo. Rev. Stat. § 44-20-207 Recipient of consideration shall not buy mortgages
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It is unlawful for any person who hereafter so accepts or receives, either directly or indirectly, any payment, thing, or service of value, as set forth in section 44-20-206, or contracts, either directly or indirectly, to receive any such payment, or thing, or service of value t…
Colo. Rev. Stat. § 44-20-208 Quo warranto action
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For a violation of any of the provisions of this part 2 by any corporation or association mentioned in this part 2, it is the duty of the attorney general or the district attorney of the proper county to institute proper suits or an action in the nature of quo warranto in any cou…
Colo. Rev. Stat. § 44-20-209 Violation by foreign corporation - penalty
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Every foreign corporation and every foreign association exercising any of the powers, franchises, or functions of a corporation in this state violating any of the provisions of this part 2 is denied the right and prohibited from doing any business in this state, and it is the dut…
Colo. Rev. Stat. § 44-20-210 Penalty
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Any person who violates any of the provisions of this part 2, any person who is a party to any agreement or understanding, or to any contract prescribing any condition, prohibited by this part 2, and any employee, agent, or officer of any such person who participates, in any mann…
Colo. Rev. Stat. § 44-20-211 Contract void
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Any contract or agreement in violation of the provisions of this part 2 shall be absolutely void and shall not be enforceable either in law or equity. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, � 2, effective October 1. Editor's note: This …
Colo. Rev. Stat. § 44-20-212 Provisions cumulative
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The provisions of this part 2 shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, � 2, effective October 1. Editor's note: This sectio…
Colo. Rev. Stat. § 44-20-213 Damages
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In addition to the criminal and civil penalties provided in this part 2, any person who is injured in his or her business or property by any other person or corporation or association or partnership, by reason of any thing forbidden or declared to be unlawful by this part 2, may …
Colo. Rev. Stat. § 44-20-214 Repeal of part
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This part 2 is repealed, effective September 1, 2027. Before its repeal, this part 2 is scheduled for review in accordance with section 24-34-104. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, � 2, effective October 1. Editor's note: This sect…