DENVER — In a bid to enhance consumer protection, Colorado updated its lemon laws last year. These laws are designed to safeguard buyers from defective vehicles, but for some, the changes may have unintended consequences. One woman now shares her experience of being left in a difficult situation after her brand-new car encountered significant issues.
Rosa Hernandez was thrilled when she purchased her 2022 Toyota Corolla Cross, praising its modern design and safety features. Her excitement quickly turned to dismay when the vehicle, after only 22,000 miles, began to malfunction.
“Within a month, the car was in the shop for 22 days due to three different issues,” Hernandez said, mentioning troublesome brake problems that prompted her to seek a buyback or replacement from Toyota.
Under the revised Colorado lemon law, manufacturers can choose how to resolve such issues. In Hernandez’s case, Toyota opted for a buyback. She expressed her frustration and emotional distress, saying, “Having to deal with this already has caused me a lot of emotional hardship.”
One significant amendment to the lemon law includes a formula for how manufacturers calculate deductions from refunds. However, Hernandez’s attorney, Shalev Amar from Amar Law Group, highlighted a flaw in the law. “It mentions the total contract price, yet many components contributing to this price do not relate to the actual cost of the vehicle,” Amar noted, pointing to elements like maintenance contracts and extended warranties.
Despite the agreement for Toyota to pay off Hernandez’s loan and reclaim the vehicle, she faces over $5,000 in “usage fees.” “Where am I going to get that money?” she asked, realizing that combined with her previous payments of $15,000, she would essentially have paid over $20,000 for a car she no longer possesses.
Amar expressed broader concerns about the Colorado lemon law, stating, “In 12 states where we operate, the Colorado lemon law is among the most stringent.” Meanwhile, Hernandez continues to make payments on a car that remains unused in her driveway.
“I just want fairness,” she stated, emphasizing her desire for a reasonable resolution to her predicament.
As discussions around the law continue, efforts to reach the sponsors of the legislation have been unsuccessful, leaving questions about potential modifications to the current statute.
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