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Anyone in CO, does CO lemon law cover CPO's?

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Old 09-02-17 | 11:32 AM
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Default Anyone in CO, does CO lemon law cover CPO's?

I researched but unlike new york, articles on CO lemon law does not specify used vehicles, but at the same time, no articles that I found specifically rules them either either.
Wondering if anyone knows off the top of their head if the lemon in CO covers CPO purch'd directly from a lexus dealer.

I've posted a few times already about my 2015 CPO, but its probably been in the dealer longer than i've actually had it since puchasing it in April.
started off with a minor dashtop issue where they just replaced the whole darn thing and then the bumper wihch had all sorts of damages it turns out, in the areas that was hard to see.

And instead of getting a new bumper, they just wanted to repaint it, which came out way brighter than the body (the car is white). So they agree to take it in again for a repaint job, along with rattle from sunroof.
Went to pick it up again after a month yesterday, and bumper seems the same, and although minor, looked like the rubber gasket between bumper and hood was slightly damaged too. And of all these attempts that required the bumper to be on and off, the bumper alignment is still a bit off.

The service guy even agrees that there may be further issues inside that's causing it to not align properly. And he kept saying it is hard to match white, and that plastic bumper and metal body on white cars usually tend to be a bit off, and pointed to the rear bumper that was also whiter than the rest of the body, that i've neglected before.
So we go around looking at their inventory of white cars and they're all a perfect match, even on an ancient mid 90's ES that happened to be sitting in the lot. Then he goes, damn, maybe the car had a whole paint job done at some point, he wasn't sure.

I know the paint isn't a mechanical issue and does not mess with any utility of the vehicle, but now i'm looking at a car that i just purchased that looks like it was sandwiched in an accident and had both front and rear bumper worked on.
The GM of the dealer wants to bring it to a different body shop to get their opinion and work done on, but at this point, I am getting tired and already lost the love for this specific car.

With above circumstances, is there any diff recourse that any of you more experienced people suggest?

I'd appreciate any input.

Thanks in advance.
Old 09-02-17 | 12:29 PM
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Lemon Law only applies to major mechanical issues that require 3 or more repairs within a set amount of time. Cosmetic issues are not covered under lemon laws.
Old 09-02-17 | 12:35 PM
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Sorry to see that you have not been able, so far, to resolve the issues that you have with the car.

When they are telling you that the white is a difficult color to match, that is true. The pearl whites are among the most difficult colors for which to get a satisfactory paint match because they are done with a 3-stage painting process. After the base color is applied, the pearl is applied in a separate step. If the base color is slightly off or, especially, if the pearl application stage is even slightly off or even if the paint gun pressure is slightly different from what was used with the factory paint, the result can make it look like that car has a 2-tone paint job.

Typically, paint issues with pearl whites and other difficult-to-match colors can be resolved by blending the new paint into the adjacent panels. Doing so doesn't make the color match any better, but it does gradually spread the mismatch over a wider area, and that should make the mismatch more difficult to detect.

I'm sure that an attorney could give you a better answer, but, as far as lemon laws are concerned, I think that lemon laws apply only to unresolved problems that were the result of defects in the production process at the factory. Your issues seem to be the result of collision damage, and I don't think that, as such, lemon laws would apply. It may be the case that you might have other legal resource, but, with a used vehicle, CPO or otherwise, I suspect that the law would lay responsibility on the buyer by saying that he/she had the opportunity to inspect the vehicle and to either accept or reject the vehicle based on its appearance and condition.

Thus, at this point, I suspect that you will need to rely on the good will of the dealer to continue to work with you in attempting to satisfactorily fix the car. Otherwise, at some point you may need to consider moving on and walking away from the car with lessons learned from the experience.

Good luck. I hope that the dealer can do satisfactory repairs and do so in the short term.
Old 09-02-17 | 12:40 PM
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I don't see lemon laws covering this issue at all. That's usually something to protect consumers from a car manufacturer on a new car purchase that has an excessive amount of defects, not an incident on a used car where it had improper body work performed or some sort of accident history.

That doesn't mean you don't have a case, there's other laws and you could always simply sue for something being misrepresented. But that's a big messy situation.

Bumpers not appearing to match perfectly does happen quite a bit, even from the factory. Different paint formula for the plastic. Pearl paints are notorious for this and reprints even worse.

I would either work with the body shop some more or just ask for a refund on the car being that a CPO is not supposed to have these sorts of bodywork issues.
Old 09-02-17 | 01:15 PM
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I appreciate your responses guys. The dealer, especially the service consultant had been phenomenal to say the least, one of the nicest guy ive ever came across. I guess I will try and continue to work with the dealer, at least they're really trying to do it right for me.
Old 09-03-17 | 12:22 PM
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In CA, the buyer has Implied Warranty when buying a used car. That means the seller is accountable for any defects that were not apparent at the time of purchase and could not be immediately seen. The seller must also disclose defects known to them. However, the burden of proof is on the buyer and the period of time passed between purchase and written response back to seller is an important consideration along with arguments why those defects could not have been at the time of purchase. Please check if CO has similar legalities. It appears that your seller is willing to work with you and that speaks volumes.
Old 09-04-17 | 09:23 PM
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Originally Posted by DanZ
In CA, the buyer has Implied Warranty when buying a used car. That means the seller is accountable for any defects that were not apparent at the time of purchase and could not be immediately seen. The seller must also disclose defects known to them. However, the burden of proof is on the buyer and the period of time passed between purchase and written response back to seller is an important consideration along with arguments why those defects could not have been at the time of purchase. Please check if CO has similar legalities. It appears that your seller is willing to work with you and that speaks volumes.
awesome info, i will look further into that if CO has such laws. these damages were definitely not disclosed and dealer also says they're surprised to see these things on their CPO (nevermind the fact it is the very dealer that certified it)
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