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Colorado Statutes, Title 44

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Title 44, Revenue - Regulation of Activities

0 chapters · 517 sections in this title.

All chapters in Title 44517 Ch 30141 Ch 20105 Ch 378 Ch 1061 Ch 3241 Ch 5025 Ch 4023 Ch 710 Ch 59 Ch 338 Ch 47 Ch 15 Ch 313 Ch 61

517 sections·Filtered byTitle 44✕

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. § 44-20-131.5 Kei road vehicles - no liability for manufacturing standards
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[Editor's note: This section is effective July 1, 2027. For the applicability of this section on or after January 1, 2028, see the editor's note following this section.] A person licensed under this part 1 is not liable for any damages that are directly or indirectly attributable…
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 directiv…

Colo. Rev. Stat. § 44-20-141.5 Fulfillment and compensation for warranty and recall obligations - definitions

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(1) As used in this section: (a) "Manufacturer" includes a manufacturer, a distributor, and a manufacturer representative. (b) "Nonwarranty repair" means a diagnosis, repair, labor, or part for which payment was made by a person other than a manufacturer and that was not a warran…

Colo. Rev. Stat. § 44-20-141.6 Fulfillment of warranty and recall obligations - recreational vehicles - definitions

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(1) Definitions. As used in this section: (a) "Dealer" means a person licensed or required to be licensed as a motor vehicle dealer that sells recreational vehicles. (b) "Recreational vehicle" means the category of vehicle primarily designed as temporary living quarters for recre…

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.

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, an…

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.

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.

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.

Colo. Rev. Stat. § 44-20-301 Definitions

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As used in this part 3, unless the context otherwise requires: (1) "Motor vehicle" means every self-propelled vehicle intended primarily for use and operation on the public highways and every vehicle intended primarily for operation on the public highways that is not driven or pr…

Colo. Rev. Stat. § 44-20-302 Sunday closing

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No person, firm, or corporation, whether owner, proprietor, agent, or employee, shall keep open, operate, or assist in keeping open or operating any place or premises or residences, whether open or closed, for the purpose of selling, bartering, or exchanging or offering for sale,…

Colo. Rev. Stat. § 44-20-303 Penalties

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Any person, firm, partnership, or corporation who violates any of the provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars nor more than one thousand dollars, or by imprisonment in the…

Colo. Rev. Stat. § 44-20-304 Repeal of part

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This part 3 is repealed, effective September 1, 2027. Before its repeal, this part 3 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. 94, § 2, effective October 1.

Colo. Rev. Stat. § 44-20-401 Legislative declaration

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(1) The general assembly hereby declares that: (a) The sale and distribution of powersports vehicles affects the public interest, and a significant factor of inducement in making a sale of a powersports vehicle is the trust and confidence of the purchaser in the dealer from whom …

Colo. Rev. Stat. § 44-20-402 Definitions

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As used in this part 4, unless the context otherwise requires: (1) "ANSI/SVIA-1-2001" means the American national standards institute's, or its successor organization's, provisions for four-wheel all-terrain vehicles, equipment configuration, and performance requirements, develop…

Colo. Rev. Stat. § 44-20-403 Motor vehicle dealer board

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Powersports vehicle dealers, used powersports vehicle dealers, powersports vehicle manufacturers, distributors, and manufacturer representatives, and powersports vehicle salespersons shall be subject to the jurisdiction of the board. Source: L. 2018: Entire article added with rel…

Colo. Rev. Stat. § 44-20-404 Board - powers and duties - rules

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(1) In addition to the duties and powers of the board under section 44-20-104, the board may: (a) Promulgate, amend, and repeal rules reasonably necessary to implement this part 4, including, without limitation, the administration, enforcement, issuance, and denial of licenses to…

Colo. Rev. Stat. § 44-20-405 Powers and duties of executive director and director

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(1) The executive director is hereby charged with the administration, enforcement, and issuance or denial of the licensing of powersports vehicle distributors, powersports vehicle manufacturer representatives, and powersports vehicle manufacturers, and has the following powers an…

Colo. Rev. Stat. § 44-20-406 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. Source:…

Colo. Rev. Stat. § 44-20-407 Attorney general to advise and represent

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(1) The attorney general shall represent the board, director, and executive director and shall give opinions on questions of law relating to the interpretation of this part 4 or arising out of the administration thereof and shall appear for and on behalf of the board, director, a…

Colo. Rev. Stat. § 44-20-408 Classes of licenses

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(1) The following classes of licenses are issued under this part 4: (a) A powersports vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used powersports vehicles, which license shall not permit more t…

Colo. Rev. Stat. § 44-20-409 Temporary powersports vehicle dealer license

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(1) (a) If a licensed powersports vehicle dealer has entered into a written agreement to sell a dealership to a purchaser and the purchaser has been awarded a new franchise, the board may issue a temporary powersports vehicle dealer's license to the purchaser or prospective purch…

Colo. Rev. Stat. § 44-20-410 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 powersports vehicl…

Colo. Rev. Stat. § 44-20-411 Fees - disposition - expenses - expiration of licenses

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(1) The fee established pursuant to subsection (5) of this section shall be collected with each application for each of the following: (a) (I) Powersports vehicle dealer's license or used powersports vehicle dealer's license; (II) Powersports vehicle dealer's or used powersports …

Colo. Rev. Stat. § 44-20-412 Bond of licensee

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(1) To be issued a wholesaler's license, powersports vehicle dealer's license, or used powersports vehicle dealer's license, an applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-…

Colo. Rev. Stat. § 44-20-413 Powersports vehicle salesperson's bond

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(1) To be issued a powersports vehicle salesperson's license, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond in the amount of fifteen …

Colo. Rev. Stat. § 44-20-414 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 44-20-412 or 44-20-413 shall provide notice to the board and director of any claim that is honored against the bond within thirty days after the claim is honored. (2) A notice provided by a corporat…

Colo. Rev. Stat. § 44-20-415 Testing licensees

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All persons applying for a wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license under this part 4 shall be examined for their knowledge of the powersports vehicle laws of the state of Colorado and the rules pr…

Colo. Rev. Stat. § 44-20-416 Filing of written warranties

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A licensed powersports vehicle manufacturer shall file with the director all written warranties and changes in written warranties the manufacturer makes on powersports vehicles or parts thereof. A licensed powersports vehicle manufacturer shall file with the director a copy of th…