Colo. Rev. Stat. § 44-20-427

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 44-20-427 - 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 powersports 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 powersports 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 powersports 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 powersports 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.

C.R.S. § 44-20-427

Renumbered from C.R.S. § 12-6-526.5 and amended by 2018 Ch. 7,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 130, § 2, effective October 1.

This section is similar to former § 12-6-526.5 as it existed prior to 2018.