Colorado § 44-20-135 Audit reimbursement limitations - dealer claims

Colorado Statutes

§ 44-20-135 — Audit reimbursement limitations - dealer claims

Colorado·Title 44 Revenue -·Art. Sale of Self-propelled Vehicles

(1)(a) A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a motor 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 motor 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 motor vehicle dealer shall have nine months after making a sale

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(1) (a) A
manufacturer, distributor, or manufacturer representative shall have the right to
audit warranty, sales, or incentive claims of a motor 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 motor 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 motor 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 motor 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.

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