C.R.S. Section 44-20-439
Stop-sale directives

  • used powersports vehicles
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Average trade-in value” means the value of a used powersports vehicle as established by a generally accepted, published, third-party used vehicle resource.

(b)

“Stop-sale directive” means an unconditional directive from a manufacturer or distributor to a powersports vehicle dealer to stop selling a type of powersports vehicle manufactured by the manufacturer or distributed by the distributor because of a safety defect.

(2)

The manufacturer or distributor shall reimburse a powersports vehicle dealer in accordance with subsection (3) of this section if:

(a)

The manufacturer or distributor issues a stop-sale directive for a powersports vehicle manufactured or distributed by the issuer of the stop-sale directive;

(b)

The powersports vehicle dealer holds an active sales, service, and parts agreement with the manufacturer or distributor for the line-make of the used powersports vehicle covered by the stop-sale directive;

(c)

The used powersports vehicle covered by the stop-sale directive is held in the inventory of the powersports vehicle dealer on the date the stop-sale directive is issued or taken by the dealer as a trade-in vehicle on a consumer purchase of the same line-make; and

(d)

The manufacturer or distributor has not provided a remedy procedure or made parts available to repair the used powersports vehicle for more than thirty days after the stop-sale directive was issued.

(3)

If the conditions in subsection (2) of this section are met, the manufacturer or distributor shall, upon application by the powersports vehicle dealer, pay or credit the dealer one and one-half percent per month of the average trade-in value of each used powersports vehicle’s model affected by the stop-sale directive prorated from thirty days after the stop-sale directive was issued to the earlier of:

(a)

The date when the manufacturer or distributor provides the powersports vehicle dealer with a remedy procedure and any necessary parts for ordering to repair the used powersports vehicle; or

(b)

The date the powersports vehicle dealer transfers the powersports vehicle.

(4)

A manufacturer or distributor may determine the reasonable manner and method required for a powersports vehicle dealer to demonstrate the inventory status of a used powersports vehicle to determine eligibility for reimbursement.

(5)

Intentionally left blank —Ed.

(a)

This section applies only to used powersports vehicles.

(b)

This section is not intended to prevent a manufacturer or distributor from requiring that a powersports vehicle not be subject to an open recall or stop-sale directive as a condition for the powersports vehicle to be qualified or sold as a certified preowned vehicle or substantially similar designation.

(c)

This section does not require a manufacturer or distributor to provide total compensation to a powersports vehicle dealer that would exceed the total average trade-in valuation of the affected used powersports vehicle.

(d)

This section does not preclude a powersports vehicle dealer and a manufacturer or distributor from agreeing to reimbursement terms that differ from those specified in this section.

(e)

Compensation provided to a powersports vehicle dealer under this section is exclusive and may not be combined with any other remedy under state or federal law.

Source: Section 44-20-439 — Stop-sale directives - used powersports vehicles - definitions, 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

§ 44-20-439’s source at colorado​.gov