Section 42-10-104 - Affirmative defenses(1) It is an affirmative defense to any claim under this article 10 that: (a) An alleged nonconformity does not substantially impair the safety of or use and market value of a motor vehicle, as applicable; or(b) A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by a consumer.Amended by 2024 Ch. 450,§ 4, eff. 8/7/2024, app. to motor vehicles sold or leased on or after 8/7/2024.L. 94: Entire title amended with relocations, p. 2508, § 1, effective 1/1/1995.(1) This section is similar to former § 42-12-104 as it existed prior to 1994, and the former § 42-10-104 was relocated to § 8-20-804.
(2) Section 11(2) of chapter 450 (SB 24-192), Session Laws of Colorado 2024, provides that the act changing this section applies to motor vehicles sold or leased on or after August 7, 2024.
2024 Ch. 450, was passed without a safety clause. See Colo. Const. art. V, § 1(3).