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Which equipment and agreements are covered?
The Farm Equipment Fair Dealership Act includes machines designed or adapted and used for the stated agricultural, horticultural, floricultural (flower-growing), light-industrial, utility and outdoor-power purposes. It excludes earthmoving/heavy construction, mining and forestry equipment. The dealer must be primarily engaged in retail equipment sales.
Section 35-38-102 includes oral or written, fixed- or indefinite-term dealer agreements setting purchase/sale rights and obligations. Section 110 has agreement-date and change conditions; it voids foreign-law or foreign-venue clauses only with respect to an otherwise enforceable claim under the article.
Do not assume every default gets the same 180 days
Covered termination, nonrenewal and substantial competitive changes require cause. Section 104’s 180-day written notice/cure process expressly excepts the first ten grounds in subsection (2)(b)(I)–(X), including specified agreement, payment and other failures.
Where the process applies, notice must give reasons and the 180-day cure information. The specified period is protected against early expiry or competitive change without written consent. Actual grounds and similarly situated dealer treatment must be examined.
A premises demand needs its own advance notice
Section 103(1)(d) restricts substantial renovation or new/additional premises as a condition of renewal or extension. It requires at least one year’s written notice, all grounds and a reasonable completion period after that year.
Thus an outdoor-power supplier demanding a showroom and threatening replacement for weak sales raises two separate rules. A renewal clause alone does not establish the premises conditions; a missed target alone does not establish cause or the applicable exception.
Scope
- Limited to Article 38’s named scope and relationship provisions. Inventory recovery and disputes remain separate; exclusion here does not show there are no rights under another law.
Next step
Identify the machines and separate any premises demand from the proposed exit before committing to a deadline or site expenditure.
Sources & review notes
Colorado Office of Legislative Legal Services
Passage, dates and research notes
primary · 35-38-102–104 and 110; full cited sections in 2026 compilation
"Equipment" does not include earthmoving and heavy construction equipment, mining equipment, or forestry equipment.
Read actual 2026 official compilation, including complete definitions, prohibited acts, cancellation/cause provisions, inventory provisions and article applicability. Source encoded windows-1252; decoded accordingly. Section 104 has a 180-day route with express exceptions for(2)(b)(I)–(X), not an unconditional minimum. Current 104 history includes 2025 HB 25-1084 effectiveAugust 6,2025. No case annotation treated as independently reviewed precedent.
Detailed rule records (2)
Apply 35-38-102’s equipment, dealer, supplier and oral/written dealer-agreement definitions. Covered equipment includes specified light-industrial/utility/outdoor-power uses; earthmoving/heavy construction, mining and forestry equipment are excluded.
Colorado Revised Statutes 2026 Title 35, Article 38 — Farm Equipment Fair Dealership ActApply cause separately from 35-38-104’s 180-day written notice/cure route and its express first 10-ground exceptions. Section 103(1)(d) has at least one-year notice, grounds and reasonable completion time for the specified substantial-renovation/new-space renewal condition.
Colorado Revised Statutes 2026 Title 35, Article 38 — Farm Equipment Fair Dealership ActKeep this reading in your learning library.
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