A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or the transfer of assets. Payment of attorney fees and expenses is not required if the claimant has failed to submit an accounting of attorney fees and expenses within twenty days after the receipt of the manufacturer's or dealer's written request for an accounting. An expense accounting may be requested by the manufacturer or distributor before exercising its right of first refusal.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 87, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-127 as it existed prior to 2018.
Structure Colorado Code
Title 44 - Revenue - Regulation of Activities
Article 20 - Sale of Self-Propelled Vehicles
Part 1 - Motor Vehicle Dealers
§ 44-20-101. Legislative Declaration
§ 44-20-103. Motor Vehicle Dealer Board - Creation
§ 44-20-104. Board - Oath - Meetings - Powers and Duties - Rules
§ 44-20-106. Records as Evidence
§ 44-20-107. Attorney General to Advise and Represent
§ 44-20-108. Classes of Licenses
§ 44-20-109. Temporary Motor Vehicle Dealer License
§ 44-20-110. Display, Form, Custody, and Use of Licenses
§ 44-20-111. Fees - Disposition - Expenses - Expiration of Licenses
§ 44-20-113. Motor Vehicle Salesperson's Bond
§ 44-20-114. Buyer Agent Bonds
§ 44-20-115. Notice of Claims Honored Against Bond
§ 44-20-116. Testing Licensees
§ 44-20-117. Filing of Written Warranties
§ 44-20-119. Notice of Change of Address or Status
§ 44-20-120. Principal Place of Business - Requirements
§ 44-20-121. Licenses - Grounds for Denial, Suspension, or Revocation
§ 44-20-122. Procedure for Denial, Suspension, or Revocation of License - Judicial Review
§ 44-20-126. Independent Control of Dealer - Definitions
§ 44-20-127. Successor Under Existing Franchise Agreement - Duties of Manufacturer
§ 44-20-129. Fines - Disposition - Unlicensed Sales
§ 44-20-130. Drafts Not Honored for Payment - Penalties
§ 44-20-131. Right of Action for Loss
§ 44-20-132. Contract Disputes - Venue - Choice of Law
§ 44-20-133. Disposition of Fees - Auto Dealers License Fund - Created
§ 44-20-134. Advertisement - Inclusion of Dealer Name
§ 44-20-135. Audit Reimbursement Limitations - Dealer Claims
§ 44-20-136. Reimbursement for Right of First Refusal
§ 44-20-137. Payout Exemption to Execution
§ 44-20-138. Site Control Extinguishes
§ 44-20-139. Modification Voidable
§ 44-20-140. Termination Appeal
§ 44-20-141. Stop-Sale Directives - Used Motor Vehicles - Definitions
§ 44-20-141.5. Fulfillment and Compensation for Warranty and Recall Obligations - Definitions
§ 44-20-141.6. Fulfillment of Warranty and Recall Obligations - Recreational Vehicles - Definitions