C.R.S. Section 44-20-432
Right of action for loss

(1)

A person has a right of action against the licensed powersports vehicle dealer, used powersports vehicle dealer, or the dealer’s powersports salespersons if the person suffers loss or damage by reason of fraud practiced on the person by a dealer or one of the dealer’s salespersons acting on the dealer’s behalf or within the scope of the employment or suffers loss or damage by reason of the violation by the dealer or salesperson of any provision of this part 4 related to fraud that is designated by the board by rule, whether or not the violation is the basis for denial, suspension, or revocation of a license. The right of a person to recover for loss or damage as provided in this subsection (1) against the dealer or salesperson is not limited to the amount of their respective bonds.

(2)

If a person suffers any loss or damage by reason of any unlawful act under section 44-20-423 (1)(a), the person shall have a right of action against the powersports vehicle manufacturer, distributor, or manufacturer representative. In a court action wherein a powersports vehicle manufacturer, distributor, or manufacturer representative has been found liable in damages to any person under this part 4, the amount of damages so determined shall be trebled and shall be recoverable by the person so damaged. Any person so damaged shall also be entitled to recover reasonable attorney fees.

(3)

If a licensee suffers loss or damage by reason of an unlawful act under section 44-20-423 (1), the licensee shall have a right of action against the powersports vehicle manufacturer, distributor, or manufacturer representative. In a court action wherein a powersports vehicle manufacturer, distributor, or manufacturer representative has been found liable in damages to a licensee under this part 4, the licensee so damaged shall also be entitled to recover reasonable attorney fees.

(4)

A person who suffers loss or damages resulting from fraud may bring a separate action against, and recover from the surety on the bond of, the licensed powersports vehicle dealer, used powersports vehicle dealer, or powersports salesperson if:

(a)

The licensed dealer or salesperson has not reimbursed the person for the loss or damages; and

(b)

After either:

(I)

The board issued a final agency order with a finding of fraud by a licensed dealer or salesperson; or

(II)

A court entered judgment upon a claim of fraud by a licensed dealer or salesperson.

Source: Section 44-20-432 — Right of action for loss, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑20‑101
Legislative declaration 44‑20‑102
Definitions 44‑20‑103
Motor vehicle dealer board - creation 44‑20‑104
Board - oath - meetings - powers and duties - rules 44‑20‑105
Auto industry division - creation - powers and duties of executive director and director 44‑20‑106
Records as evidence 44‑20‑107
Attorney general to advise and represent 44‑20‑108
Classes of licenses 44‑20‑109
Temporary motor vehicle dealer license 44‑20‑110
Display, form, custody, and use of licenses 44‑20‑111
Fees - disposition - expenses - expiration of licenses 44‑20‑112
Bond of licensee 44‑20‑113
Motor vehicle salesperson’s bond 44‑20‑114
Buyer agent bonds 44‑20‑115
Notice of claims honored against bond 44‑20‑116
Testing licensees 44‑20‑117
Filing of written warranties 44‑20‑118
Application - prelicensing education - fingerprint-based criminal history record check - rules 44‑20‑119
Notice of change of address or status 44‑20‑120
Principal place of business - requirements 44‑20‑121
Licenses - grounds for denial, suspension, or revocation 44‑20‑122
Procedure for denial, suspension, or revocation of license - judicial review 44‑20‑123
Sales activity following license denial, suspension, or revocation - unlawful act - penalty 44‑20‑124
Unlawful acts 44‑20‑125
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules 44‑20‑126
Independent control of dealer - definitions 44‑20‑127
Successor under existing franchise agreement - duties of manufacturer 44‑20‑128
Penalty 44‑20‑129
Fines - disposition - unlicensed sales 44‑20‑130
Drafts not honored for payment - penalties 44‑20‑131
Right of action for loss 44‑20‑132
Contract disputes - venue - choice of law 44‑20‑133
Disposition of fees - auto dealers license fund - created 44‑20‑134
Advertisement - inclusion of dealer name 44‑20‑135
Audit reimbursement limitations - dealer claims 44‑20‑136
Reimbursement for right of first refusal 44‑20‑137
Payout exemption to execution 44‑20‑138
Site control extinguishes 44‑20‑139
Modification voidable 44‑20‑140
Termination appeal 44‑20‑141
Stop-sale directives - used motor vehicles - definitions 44‑20‑141.5
Fulfillment and compensation for warranty and recall obligations - definitions 44‑20‑141.6
Fulfillment of warranty and recall obligations - recreational vehicles - definitions 44‑20‑142
Repeal of part 44‑20‑201
Definitions 44‑20‑202
Exclusive finance agreements void - when 44‑20‑203
Threat prima facie evidence of violation 44‑20‑204
Threat by agent as evidence of violation 44‑20‑205
Offering consideration to eliminate competition 44‑20‑206
Accepting consideration to eliminate competition 44‑20‑207
Recipient of consideration shall not buy mortgages 44‑20‑208
Quo warranto action 44‑20‑209
Violation by foreign corporation - penalty 44‑20‑210
Penalty 44‑20‑211
Contract void 44‑20‑212
Provisions cumulative 44‑20‑213
Damages 44‑20‑214
Repeal of part 44‑20‑301
Definitions 44‑20‑302
Sunday closing 44‑20‑303
Penalties 44‑20‑304
Repeal of part 44‑20‑401
Legislative declaration 44‑20‑402
Definitions 44‑20‑403
Motor vehicle dealer board 44‑20‑404
Board - powers and duties - rules 44‑20‑405
Powers and duties of executive director and director 44‑20‑406
Records as evidence 44‑20‑407
Attorney general to advise and represent 44‑20‑408
Classes of licenses 44‑20‑409
Temporary powersports vehicle dealer license 44‑20‑410
Display, form, custody, and use of licenses 44‑20‑411
Fees - disposition - expenses - expiration of licenses 44‑20‑412
Bond of licensee 44‑20‑413
Powersports vehicle salesperson’s bond 44‑20‑414
Notice of claims honored against bond 44‑20‑415
Testing licensees 44‑20‑416
Filing of written warranties 44‑20‑417
Application - fingerprint-based criminal history record check - rules 44‑20‑418
Notice of change of address or status 44‑20‑419
Principal place of business - requirements - exceptions 44‑20‑420
Licenses - grounds for denial, suspension, or revocation 44‑20‑421
Procedure for denial, suspension, or revocation of license - judicial review 44‑20‑422
Sales activity following license denial, suspension, or revocation - unlawful act - penalty 44‑20‑423
Unlawful acts 44‑20‑424
New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules 44‑20‑425
Independent control of dealer - definitions 44‑20‑426
Successor under existing franchise agreement - duties of powersports vehicle manufacturer 44‑20‑427
Audit reimbursement limitations - dealer claims 44‑20‑428
Reimbursement for disapproving sale 44‑20‑429
Penalty 44‑20‑430
Fines - disposition - unlicensed sales 44‑20‑431
Drafts or checks not honored for payment - penalties 44‑20‑432
Right of action for loss 44‑20‑433
Contract disputes - venue - choice of law 44‑20‑434
Advertisement - inclusion of dealer name 44‑20‑435
Payout exemption to execution 44‑20‑436
Site control extinguishes 44‑20‑437
Modification voidable 44‑20‑438
Termination appeal 44‑20‑439
Stop-sale directives - used powersports vehicles - definitions 44‑20‑439.5
Fulfillment and compensation for warranty and recall obligations - definitions 44‑20‑440
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 44-20-432’s source at colorado​.gov