CO Code § 42-6-201 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 6 - Certificates of Title - Used Motor Vehicle Sales|Part 2 - Used Motor Vehicle Sales|§ 42-6-201. Definitions

 As used in this part 2, unless the context otherwise requires:    “Owner” means the person who holds the legal title of a motor vehicle, but, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right to purchase upon the performance of the conditions stated in the agreement and with an immediate right to possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee, or mortgagor shall be deemed the owner.    “Person” means an individual, firm, association, corporation, or partnership.    “Private sale” means a sale or transfer of a used motor vehicle between two persons neither of whom is a used motor vehicle dealer.    “Retail used motor vehicle sale” means a sale or transfer of a used motor vehicle from a used motor vehicle dealer to a person other than a used motor vehicle dealer.    “Sale” means that the buyer of the used motor vehicle has paid the purchase price or, in lieu thereof, has signed a purchase contract or security agreement and has taken physical possession or delivery of the used motor vehicle.    “Sale between used motor vehicle dealers” means a sale or transfer of a used motor vehicle from one used motor vehicle dealer to another.    “Sale from an owner other than a used motor vehicle dealer to a used motor vehicle dealer” means any sale, trade-in, or other transfer of a used motor vehicle from a person other than a used motor vehicle dealer to a used motor vehicle dealer.    “Used motor vehicle” means every self-propelled motor vehicle having a gross weight of less than sixteen thousand pounds that has been sold, bargained for, exchanged, given away, leased, loaned, or driven as a “company executive car” or the title to which has been transferred from the person who first acquired it from the manufacturer or importer and it is so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof. A previously untitled motor vehicle that has been driven by the dealer for more than one thousand five hundred miles, excluding mileage incurred in the transit of the motor vehicle from the manufacturer to the dealer or from another dealer to the dealer, shall be considered a “used motor vehicle”. This shall not apply to any automobile manufactured before January 1, 1942.    “Used motor vehicle dealer” means any licensed motor vehicle dealer, used motor vehicle dealer, or wholesaler as defined by section 44-20-102.     History. Source: L. 94: Entire title amended with relocations, p. 2469, § 1, effective January 1, 1995. L. 97: (8) amended, p. 558, § 2, effective August 6. L. 2017: (9) amended, (SB 17-240), ch. 395, p. 2067, § 57, effective July 1. L. 2018: (9) amended, (SB 18-030), ch. 7, p. 143, § 25, effective October 1.    Editor's note:   This title was numbered as numerous articles within chapter 13, C.R.S. 1963. The provisions of this title were amended with relocations in 1994, effective January 1, 1995, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title, see the comparative tables located in the back of the index.   Cross references:   For the provisions providing for the manufacture of license plates and highway signs by state correctional facilities, see article 24 of title 17; for registration and use of snowmobiles, see article 14 of title 33; for the regulation of commercial driving schools, see article 2 of this title; for provisions relating to highway safety, see article 5 of title 43; for licensing and regulation of automobile dealers, see part 1 of article 20 of title 44; for the antimonopoly financing law, see part 2 of article 20 of title 44; for the Sunday closing law, see part 3 of article 20 of title 44.   Cross references:   For liens on personal property, liens for services, and general mechanics' liens, see articles 20, 21, and 22 of title 38.   ANNOTATION   Part creates a presumption of reasonable reliance from the mere receipt of the statement and makes material any misrepresentation appearing therein. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 .   Part modifies common-law requirement. In an action for fraud in a suit alleging misrepresentations in an odometer statement, this part modifies the common-law requirement that the plaintiff, to establish a prima facie action, must prove that his reliance on that statement was reasonable. Lurvey v. Phil Long Ford, Inc., 37 Colo. App. 11, 541 P.2d 114 (1975).