reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-113 - Motor vehicle salesperson's bond

(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
11-35-101
or a good and sufficient bond in the amount of fifteen thousand dollars with corporate surety duly licensed to do business within the state, approved as to form by the attorney general of the state, and conditioned that the applicant must perform in good faith as a motor vehicle salesperson without fraud and without the violation of any provision of this part 1 related to fraud that is designated by the board by rule. A motor vehicle salesperson need not furnish an additional bond, savings account, deposit, or certificate of deposit under this section if the dealer furnishes a bond, savings account, deposit, or certificate of deposit under section
44-20-413
.
(2)
No corporate surety shall be required to make any payment to any person claiming under the bond until a final determination of fraud has been made by the board or by a court of competent jurisdiction.
(3)
All bonds required pursuant to this section shall be renewed annually at such time as the bondholder's license is renewed. The renewal may be done through a continuation certificate issued by the surety.
Amended by 2020 Ch. 225,§ 2, eff. 9/14/2020.
Renumbered from C.R.S. § 12-6-112 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 59, § 2, effective October 1.
This section is similar to former § 12-6-112 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-114 - Buyer agent bonds

(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 dollars with a corporate surety duly licensed to do business within the state and approved as to form by the attorney general. The bond shall be available to ensure that the applicant shall perform in good faith as a buyer agent without fraud and without violating any provision of this part 1 related to fraud that is designated by the executive director by rule.
(2)
All bonds required pursuant to this section shall be renewed annually at such time as the bondholder's license is renewed. The renewal may be done through a continuation certificate issued by the surety.
(3)
No corporate surety shall be required to make any payment to any person claiming under the bond until a final determination of fraud has been made by the executive director or by a court of competent jurisdiction.
Amended by 2020 Ch. 225,§ 3, eff. 9/14/2020.
Renumbered from C.R.S. § 12-6-112.2 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 59, § 2, effective October 1.
This section is similar to former § 12-6-112.2 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-115 - Notice of claims honored against bond

(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 provided by a corporate surety pursuant to subsection (1) of this section must be in the form required by the director, subject to approval by the board, and must include the name of the licensee, the name and address of the claimant, the amount of the honored claim, and the nature of the claim against the licensee.
Renumbered from C.R.S. § 12-6-112.7 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 17, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 60, § 2, effective October 1.
This section is similar to former § 12-6-112.7 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-116 - Testing licensees

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 and the rules promulgated pursuant to this part 1. If the applicant is a corporation, the managing officer shall take the examination, and, if the applicant is a partnership, all the general partners shall take the examination. No license shall be issued except upon successful passing of the examination. The board shall implement by January 1, 2008, a psychometrically valid and reliable salesperson examination that measures the minimum level of competence necessary to practice. This section shall not apply to a powersports vehicle dealer, used powersports vehicle dealer, or powersports salesperson licensed pursuant to part 4 of this article 20.
Renumbered from C.R.S. § 12-6-113 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 60, § 2, effective October 1.
This section is similar to former § 12-6-113 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-117 - Filing of written warranties

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 obligations of its dealers. These warranties and obligations constitute the dealer's only responsibility for product liability as between the dealer and the manufacturer.
Amended by 2018 Ch. 330,§ 1, eff. 10/1/2018.
Renumbered from C.R.S. § 12-6-114 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 18, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 60, § 2, effective October 1; entire section amended, (SB 18-219), ch. 330, p. 1974, § 1, effective October 1.
(1) This section is similar to former § 12-6-114 as it existed prior to 2018.
(2) This section was numbered as § 12-6-114 in SB 18-219. That provision was harmonized with and relocated to this section as this section appears in SB 18-030.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-120 - Principal place of business - requirements

(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 dwelling house be considered a "principal place of business" within the terms and provisions of this part 1, unless the entire ground floor of the hotel, apartment house, or rooming house building or the dwelling house is devoted principally to and occupied for commercial purposes and the office of the dealer is located on the ground floor thereof.
(b)
A motor vehicle dealer who operates the motor vehicle dealer's business from his or her primary residence and who has been a resident of Colorado for the immediately preceding twelve-month period and is a motor vehicle dealer only because the dealer sells custom trailers for one or more manufacturers and maintains an inventory of fewer than four vehicles at all times shall be exempt from subsection (2)(a) of this section. Any motor vehicle dealer who is issued dealer plates in accordance with this subsection (2)(b) and section
42-3-116
shall only use the plates on trailers.
(c)
It is not a violation of this part 1 or any rule promulgated under this part 1 for a motor vehicle dealer or used motor vehicle dealer to:
(I)
Deliver a motor vehicle to a customer for a test drive at a location that is away from the dealer's principal place of business;
(II)
Deliver documents for a customer to sign at a location that is away from the dealer's principal place of business;
(III)
Deliver documents to, or obtain documents from, a customer at a location that is away from the dealer's principal place of business; or
(IV)
Deliver a motor vehicle to a customer at a location that is away from the dealer's principal place of business.
(3)
Nothing in this section shall be construed to exempt a motor vehicle dealer from local zoning ordinances.
Amended by 2022 Ch. 406,§1, eff. 8/10/2022.
Renumbered from C.R.S. § 12-6-117 and amended by 2018 Ch. 7,§2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 64, § 2, effective October 1.
This section is similar to former § 12-6-117 as it existed prior to 2018.
2022 Ch. 406, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-122 - Procedure for denial, suspension, or revocation of license - judicial review

(1)
The denial, suspension, or revocation of licenses issued under this part 1 shall be in accordance with the provisions of sections
24-4-104
and
24-4-105
; except that the discovery available under rule 26 (b)(2) of the Colorado rules of civil procedure is available in any proceeding.
(2)
(a)
(I)
The board shall appoint an administrative law judge pursuant to part 10 of article
30
of title
24
to conduct any hearing concerning the licensing or discipline of a motor vehicle dealer, used motor vehicle dealer, wholesaler, buyer's agent, business disposer, or wholesale motor vehicle auction dealer; except that the board may, upon a unanimous vote of the members present when the vote is taken, conduct the hearing in lieu of appointing an administrative law judge.
(II)
Beginning July 1, 2008, the board shall issue an annual report to the executive director detailing the number of hearings held pursuant to this subsection (2)(a) and the number of the hearings conducted by the board. If the board conducts greater than forty percent of the hearings, the executive director shall analyze the hearing procedures and acts and issue a report to the general assembly, which shall include any recommendations of the executive director.
(b)
The board shall assign a hearing concerning the licensing or discipline of a motor vehicle salesperson to the executive director who shall appoint an officer to conduct a hearing.
(3)
Hearings conducted before an administrative law judge shall be in accordance with the rules of procedure of the office of administrative courts. Hearings conducted before an officer appointed by the executive director shall be in accordance with the rules of procedure established by the executive director.
(4)
The board may summarily suspend a licensee required to post a bond under this article 20 if the licensee does not have a bond in full force and effect as required by this article 20. The suspension shall become effective upon the earlier of the licensee receiving notice of the suspension or within three days after the notice of suspension is mailed to a licensee's last-known address on file with the board. The notice may be effected by certified mail or personal delivery.
(5)
The court of appeals shall have initial jurisdiction to review all final actions and orders that are subject to judicial review of the board. The proceedings shall be conducted in accordance with section
24-4-106(11)
.
Amended by 2019 Ch. 309,§ 7, eff. 8/2/2019.
Renumbered from C.R.S. § 12-6-119 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 70, § 2, effective October 1.
This section is similar to former § 12-6-119 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-128 - Penalty

(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 person who willfully violates section
44-20-124 (2)
by acting as a manufacturer, distributor, or manufacturer representative without proper authorization commits a petty offense.
(b)
Any person who willfully violates section
44-20-124 (2)
by acting as a motor vehicle dealer, wholesaler, used motor vehicle dealer, buyer agent, wholesale motor vehicle auction dealer, business disposer, or motor vehicle salesperson without proper authorization commits a petty offense.
Amended by 2021 Ch. 462, § 787, eff. 3/1/2022.
Amended by 2019 Ch. 309, § 10, eff. 8/2/2019.
Renumbered from C.R.S. § 12-6-121 and amended by 2018 Ch. 7, § 2, eff. 10/1/2018.
Amended by 2017 Ch. 366, § 1, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18 -030), ch. 84, p. 84, § 2, effective October 1. L. 2019: (2)(b) amended, (SB 19-249), ch. 2806, p. 2806, § 10, effective August 2. L. 2021: Entire section amended, (SB 21-271), ch. 3328, p. 3328, § 787, effective 3/1/2022.
(1) This section is similar to former § 12-6-121 as it existed prior to 2018.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-129 - Fines - disposition - unlicensed sales

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
.
Renumbered from C.R.S. § 12-6-121.5 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 366,§ 3, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 85, § 2, effective October 1.
This section is similar to former § 12-6-121.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-130 - Drafts not honored for payment - penalties

(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 shall be subject to suspension pursuant to section
44-20-104(3)(e)(I)
. The license suspension shall be effective upon the date of any final decision against the licensee based upon the unpaid draft or check. A licensee whose license has been suspended pursuant to the provisions of this subsection (1) shall not be eligible for reinstatement of the license and shall not be eligible to apply for any other license issued under this part 1 unless it is demonstrated to the board that the unpaid draft or check has been paid in full and that any fine imposed on the licensee pursuant to subsection (2) of this section has been paid in full.
(2)
Any motor vehicle dealer, wholesaler, or used motor vehicle dealer that issues a draft or check to a motor vehicle dealer, wholesaler, used motor vehicle dealer, motor vehicle auction house, or consignor and who fails to honor the draft or check, causing loss to a third party, commits a misdemeanor and shall be punished by a fine of two thousand five hundred dollars. Any fine collected for a violation of this subsection (2) shall be awarded to the law enforcement agency that investigated and issued the citation for the violation.
Renumbered from C.R.S. § 12-6-121.6 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 85, § 2, effective October 1.
This section is similar to former § 12-6-121.6 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-132 - Contract disputes - venue - choice of law

(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 where the dealer resides or has its principal place of business; and
(b)
Colorado law shall govern, both substantively and procedurally.
Renumbered from C.R.S. § 12-6-122.5 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 86, § 2, effective October 1.
This section is similar to former § 12-6-122.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-133 - Disposition of fees - auto dealers license fund - created

(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 license fund, which fund is hereby created; except that the department shall deposit fines imposed under sections
44-20-129
and
44-20-130(2)
in accordance with sections
44-20-129
and
44-20-130(2)
. The fund shall be used under the direction of the board in the following manner:
(a)
(I)
For the payment of the expenses of the administration of the board as the general assembly deems necessary by making an appropriation therefor on an annual fiscal-year basis commencing July 1, 1971, and thereafter.
(II)
Any money remaining in the fund on December 31, 1971, and at the close of each calendar year thereafter, after costs of administration of the law as provided in this part 1, shall remain in the auto dealers license fund to be used for educational and enforcement purposes as appropriated by the general assembly.
(b)
To pay the department for the administration of actions or proceedings brought before the executive director pursuant to section
44-20-124
;
(c)
To enforce section
44-20-124(2)
;
(d)
To implement part 4 of this article 20;
(e)
To enforce section
44-20-423(2)
.
Renumbered from C.R.S. § 12-6-123 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2018 Ch. 28,§ 1, eff. 8/8/2018.
Amended by 2017 Ch. 366,§ 4, eff. 8/9/2017.
Amended by 2017 Ch. 395,§ 24, eff. 7/1/2017.
Amended by 2015 Ch. 259,§ 16, eff. 8/5/2015.
L. 2018: IP(1) amended and (1)(d) and (1)(e) added, (HB 18-1105), ch. 28, p. 328, § 1, effective August 8; entire article added with relocations, (SB 18-030), ch. 7, p. 86, § 2, effective October 1.
(1) This section is similar to former § 12-6-123 as it existed prior to 2018.
(2) Subsections IP(1), (1)(d), and (1)(e) of this section were numbered as § 12-6-123 IP(1), (1)(e), and (1)(f), respectively, in HB 18-1105. Those provisions were harmonized with and relocated to this section as this section appears in SB 18-030.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-134 - Advertisement - inclusion of dealer name

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 buyer's agent or that does not contain the name of the dealer or the word "dealer" or, if the name is contained in the offer and does not clearly reflect that the business is a dealer, both the name of the dealer and the word "dealer".
Renumbered from C.R.S. § 12-6-125 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 395,§ 25, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 86, § 2, effective October 1.
This section is similar to former § 12-6-125 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-135 - Audit reimbursement limitations - dealer claims

(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 shall not require documentation for warranty, sales, or incentive claims or audit warranty, sales, or incentive claims of a motor vehicle dealer more than fifteen months after the date the claim was submitted, nor shall the manufacturer require a charge back, reimbursement, or credit against a future transaction arising out of an audit or request for documentation arising more than nine months after the date the claim was submitted.
(2)
The motor vehicle dealer shall have nine months after making a sale or providing service to submit warranty, sales, or incentive claims to the manufacturer, distributor, or manufacturer representative.
(3)
Subsection (1) of this section shall not limit any action for fraud instituted in a court of competent jurisdiction.
(4)
A motor vehicle dealer may request a determination from the executive director, within thirty days, that a charge back, reimbursement, or credit required violates subsection (1) of this section. If a determination is requested within the thirty-day period, then the charge back, reimbursement, or credit shall be stayed pending the decision of the executive director. If the executive director determines after a hearing that the charge back, reimbursement, or credit violates subsection (1) of this section, the charge back, reimbursement, or credit shall be void.
Renumbered from C.R.S. § 12-6-126 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 87, § 2, effective October 1.
This section is similar to former § 12-6-126 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-136 - Reimbursement for right of first refusal

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 right of first refusal in negotiating and implementing the contract for the proposed change of ownership or the transfer of assets. Payment of attorney fees and expenses is not required if the claimant has failed to submit an accounting of attorney fees and expenses within twenty days after the receipt of the manufacturer's or dealer's written request for an accounting. An expense accounting may be requested by the manufacturer or distributor before exercising its right of first refusal.
Renumbered from C.R.S. § 12-6-127 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 87, § 2, effective October 1.
This section is similar to former § 12-6-127 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-137 - Payout exemption to execution

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 operation of law to pay the debts or liabilities of the manufacturer or distributor. This section shall not prohibit a secured creditor from exercising rights accrued pursuant to a security agreement if the right arose as a result of the manufacturer or distributor voluntarily creating a security interest before paying existing debts or liabilities of the manufacturer or distributor. This section shall not prohibit a manufacturer or distributor from withholding a portion of the payments necessary to cover an amount of money owed to the manufacturer or distributor as an offset to the payments if the manufacturer or distributor provides the motor vehicle dealer written notice thereof.
Renumbered from C.R.S. § 12-6-128 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 87, § 2, effective October 1.
This section is similar to former § 12-6-128 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-138 - Site control extinguishes

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 dealer has accepted in exchange for site control prorated by the time remaining before the agreement expires over the time period between the agreement being signed and the agreement expiring. This section does not apply if the termination, elimination, or nonrenewal is for just cause in accordance with section
44-20-124(1)(d)
.
Renumbered from C.R.S. § 12-6-129 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 88, § 2, effective October 1.
This section is similar to former § 12-6-129 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-139 - Modification voidable

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.
Renumbered from C.R.S. § 12-6-130 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 88, § 2, effective October 1.
This section is similar to former § 12-6-130 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-140 - Termination appeal

(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 the executive director nor the administrative law judge, appointed in accordance with this section, holds a hearing concerning the complaint within sixty days after the complaint was filed.
(2)
Upon filing of a verified complaint alleging with specific facts that a violation has occurred under this section, the termination, elimination, modification, or nonrenewal of the franchise agreement is automatically stayed, without the motor vehicle dealer posting a bond, until a final determination is made on each issue raised in the complaint; except that the executive director, administrative law judge, or court may cancel the stay upon finding that the cancellation, termination, or nonrenewal of the franchise agreement was for any of the reasons specified in section
44-20-124(1)(d)(III)
. The automatic stay maintains all rights under the franchise agreement until the final determination of the issues raised in the verified complaint. The manufacturer, distributor, or manufacturer representative shall not name a replacement motor vehicle dealer for the market or location until a final order is entered.
(3)
If a verified complaint is filed with the executive director, the executive director shall refer the complaint to an administrative law judge with the office of administrative courts for final agency action.
(4)
In resolving a termination complaint, the manufacturer, distributor, or manufacturer representative has the burden of proving any claim made that the factors listed in section
44-20-124(1)(d)(II)
apply to the termination, cancellation, or nonrenewal.
(5)
The prevailing party in a claim that a termination, cancellation, or nonrenewal violates section
44-20-124(1)(d) or (1)(w)
is entitled to recover attorney fees and costs, including expert witness fees, incurred in the termination protest.
Renumbered from C.R.S. § 12-6-131 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Amended by 2017 Ch. 355,§ 3, eff. 8/9/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 88, § 2, effective October 1.
This section is similar to former § 12-6-131 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 1 - MOTOR VEHICLE DEALERS (§§ 44-20-101 — 44-20-142) › Section 44-20-142 - Repeal of part

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
.
Renumbered from C.R.S. § 12-6-333 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
Added by 2017 Ch. 395,§ 3, eff. 7/1/2017.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 90, § 2, effective October 1.
This section is similar to former § 12-6-133 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-201 - Definitions

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 contract to sell or buy.
Renumbered from C.R.S. § 12-6-201 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 90, § 2, effective October 1.
This section is similar to former § 12-6-201 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-202 - Exclusive finance agreements void - when

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 business of selling the motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that the person so engaged in selling motor vehicles at retail in any manner shall finance the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contracts, chattel mortgages, or leases arising from the sale of motor vehicles or any one or number thereof only to a designated person or class of persons, when the effect of the condition, agreement, or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of the condition, agreement, or understanding to finance the purchase or sale of motor vehicles or to purchase conditional sales contracts, chattel mortgages, or leases. Any such condition, agreement, or understanding is declared to be void and against the public policy of this state.
Renumbered from C.R.S. § 12-6-202 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 90, § 2, effective October 1.
This section is similar to former § 12-6-202 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-203 - Threat prima facie evidence of violation

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 discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that the person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in section
44-20-202
.
Renumbered from C.R.S. § 12-6-203 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 91, § 2, effective October 1.
This section is similar to former § 12-6-203 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-204 - Threat by agent as evidence of violation

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 of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that the person so engaged in the manufacture or distribution shall terminate his or her contract with or cease to sell motor vehicles to the person engaged in the sale of motor vehicles at retail in this state unless the person finances the purchase or sale of any one or number of motor vehicles only or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sale of motor vehicles or any one or number thereof only to the person so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages, or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of the person so engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell the same on the condition or with the agreement or understanding prohibited in section
44-20-202
.
Renumbered from C.R.S. § 12-6-204 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 91, § 2, effective October 1.
This section is similar to former § 12-6-204 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-205 - Offering consideration to eliminate competition

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 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 if the effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept the thing or service of value.
Renumbered from C.R.S. § 12-6-205 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 91, § 2, effective October 1.
This section is similar to former § 12-6-205 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-206 - Accepting consideration to eliminate competition

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 accept or receive, either directly or indirectly, any payment, thing, or service of value from any person who is engaged, either directly or indirectly, in the manufacture of or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of any such payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives such payment, thing, or service of value or contracts or agrees to accept or receive the same.
Renumbered from C.R.S. § 12-6-206 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 92, § 2, effective October 1.
This section is similar to former § 12-6-206 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-207 - Recipient of consideration shall not buy mortgages

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 to thereafter finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail in this state.
Renumbered from C.R.S. § 12-6-207 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 92, § 2, effective October 1.
This section is similar to former § 12-6-207 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-208 - Quo warranto action

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 court of competent jurisdiction for the forfeiture of its charter rights, franchises, or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state.
Renumbered from C.R.S. § 12-6-208 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 92, § 2, effective October 1.
This section is similar to former § 12-6-208 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-209 - Violation by foreign corporation - penalty

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 duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of state is authorized to revoke the license of any such corporation or association heretofore authorized to do business in this state.
Renumbered from C.R.S. § 12-6-209 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 92, § 2, effective October 1.
This section is similar to former § 12-6-209 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-210 - Penalty

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 manner, in making, executing, enforcing, or performing, or in urging, aiding, or abetting in the performance of, any such contract, condition, agreement, or understanding and any person who pays or gives or contracts to pay or give any thing or service of value prohibited by this part 2, and any person who receives or accepts or contracts to receive or accept any thing or service of value prohibited by this part 2 commits a class 6 felony and shall be punished as provided in section
18-1.3-401
. Each day's violation of this provision shall constitute a separate offense.
Renumbered from C.R.S. § 12-6-210 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 92, § 2, effective October 1.
This section is similar to former § 12-6-210 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › AUTOMOBILES (§§ 44-20-101 — 44-20-440) › Article 20 - SALE OF SELF-PROPELLED VEHICLES (§§ 44-20-101 — 44-20-440) › Part 2 - ANTIMONOPOLY FINANCING LAW (§§ 44-20-201 — 44-20-214) › Section 44-20-211 - Contract void

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.
Renumbered from C.R.S. § 12-6-211 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 93, § 2, effective October 1.
This section is similar to former § 12-6-211 as it existed prior to 2018.