Filing a Complaint - Auto Industry Division

Types of Complaints

Violations Investigated by the Auto Industry Division
  • Failing to deliver title within 30 days of the sale.

  • Failing to meet all terms and conditions contained in the written contract.

  • Tampering with an odometer or giving a false odometer statement.

  •  Willfully misrepresenting or failing to disclose any information required by law.

  • Intentionally publishing or circulating any advertising that is misleading or inaccurate.

  • Selling vehicles that do not meet the safety and emission equipment requirements.

  •  Failing to give notice of approval or rejection on a finance deal to the customer within a reasonable time.

  • Selling a salvage vehicle without proper disclosure.

  • Selling a vehicle that is known to be stolen.

  • Not maintaining a place of business and minimum operating hours.

  • Selling a vehicle to a resident of the AIR Program area without an emissions sticker.

  • Unlicensed Dealers and/or Salespeople - "Curbstoners"

Violations that are NOT Violations of the Motor Vehicle Dealer Law
  • The following are not violations of the motor vehicle dealer law - collapse

  • The consumer does not have 72 hours to change his or her mind on a car deal. When the contract is signed, the vehicle is bought and sold as of the contract date.

  • The dealer does not have to repair the vehicle after the sale when the vehicle is sold without a warranty and "as is", unless it is a safety item.

  • The Auto Industry Division cannot require a dealer to honor a verbal agreement. The consumer is provided a "State Disclosure Form" indicating that any verbal agreements are not enforceable.

  • The Auto Industry Division cannot dictate good business practices or ethical behavior. Complaints concerning these issues cannot be investigated.

Types of Complaints Investigated by Other Agencies
  • Motor Vehicle Warranties: If any repair work was not part of a vehicle sales contract, it is outside the jurisdiction of the Auto Industry Division. The local District Attorney does have jurisdiction over illegal actions by an automotive repair facility. A complaint concerning repair work may be filed with the District Attorney's office.

Lemon Law
  • The Lemon Law applies only to new vehicles under one year old. It does not apply to used vehicles purchased by consumers who encounter repair problems.

  • The procedures for filing a complaint under the Lemon Law are found in the vehicle owner's manual.

  • See  the Colorado's Lemon Law for Consumers and Dealers (DR2440) form for additional information.

 

Before Filing a Complaint

  1. Contact the dealership's general manager or owner, and explain the problem.

  1. If the dealership does not satisfactorily resolve the problem, file a written complaint with the Auto Industry Division. An inquiry into a complaint is limited to alleged violations of the motor vehicle law.

File a Complaint

  • The Auto Industry Division focuses on complaints that may have a fraud component.

  • Acceptance of your complaint does not guarantee that an investigation will be initiated.

  • Neither the Auto Industry Division, nor the Colorado Motor Vehicle Dealer Board, has the authority to order compensatory damages or restitution in a case. Regardless of whether your complaint is accepted or not, you may have civil recourse available should you desire to seek it.

 

1. Preliminary Resolution Steps
  • Stop! Before filing your complaint, you must have completed all steps listed in the BEFORE FILING A COMPLAINT section above.

  • If you have attempted these steps and found no resolution, proceed to step 2 below.

2. Complaint Process

Review the Complaint Process (DR 2267) form.  This form is available to assist you in the complaint process.

    3. Complaint Form
    • Complete and submit the Complaint Form (DR 2122).  Type or print clearly.

    • Describe the events in the order in which they happened and include dates, names, and places.

    • Be accurate and detailed as possible.

    • List all witnesses, addresses and phone numbers.

    • All information must be true and correct to the best of your knowledge and belief. This information is not confidential and possibly may be released under the Colorado Criminal Justice Records Act.

    • If necessary, use the Complaint Form - Narrative listed in step 4 below to add additional information regarding your complaint.

    4. Complaint Form Narrative
    • This form is provided to assist you in adding additional information regarding your complaint.

    • Make sure to enter the "page" number in the field provided on this form.

    • Complete and submit the Complaint Form (DR 2121).  Type or print clearly.

    • Describe the events in the order in which they happened and include dates, names, and places.

    • Be accurate and detailed as possible.

    • List all witnesses, addresses and phone numbers.

    • All information must be true and correct to the best of your knowledge and belief. This information is not confidential and possibly may be released under the Colorado Criminal Justice Records Act.

    • If necessary, provide full details of your complaint on a separate page and submit with your complaint.

    5. Submit Copies of Pertinent Documents
    • Include one (1) copy of any documents that are related to the complaint or that you feel will help in investigating your complaint.

    • Do not submit original documents. The Auto Industry Division does not assume responsibility of original documents.

    6. Incomplete Forms

    Failure to submit all required forms and other documents pertaining to your complaint may cause undue delay in processing.

    7. Additional Requirements
    • All documents submitted must be on 8.5” x 11” size paper. 

    • Do not submit legal size copies.

    • Do not submit double sided copies.

    • Do not staple documents.

    Complaints Resolutions

    Complaint Assignments

    1. When a complaint is received, it is assigned to a Compliance Specialist or Investigator.

    2. During the course of the resolution, the AID may contact the complainant to discuss the issues raised and may also encourage the dealer to contact the complainant directly to resolve the complaint.

    3. After receiving information from both parties, the AID determines if the facts support a violation of the law.

    Complaint Findings

    1. IF it is determined that a violation of the law did not occur, the complainant will be notified.
    2. IF it is determined that a violation occurred, the dealer and complainant are notified. The AID will attempt to mediate a fair resolution between the dealer and the complainant. The complainant will be advised of the dealer’s agreement and time table to resolve the complaint.
    3. Depending on the complaint, the AID may suggest civil litigation or recommend another agency. Neither the AID nor the Board can order or direct a dealer to give a refund to the complainant. The dealer may make such an offer in an effort to resolve the complaint. The complainant may have to pursue a civil suit or claim against the dealer’s bond to obtain a monetary resolution. Claims against a dealer’s bond must be supported by a Dealer Board finding of a violation or by a court judgment.
    4. Upon conclusion, the complainant will be notified by telephone or in writing of the action taken.

    Adobe Acrobat Reader

    • To view or print any of the forms listed on this page, you will need a free copy of Adobe Acrobat Reader.

    • You can download a copy from the Auto Industry home page - Quick Links

    For additional information contact the main Auto Industry Division’s consumer complaint section: (303) 866-2532 or e-mail your question to:dor_dealers@state.co.us