The Lemon Law in Montana

Montana's lemon law (the New Motor Vehicle Warranty Act) covers new motor vehicles bought or leased for personal, family or household use, including the non-residential part of a motor home, but not trucks of 15,000 pounds or more gross vehicle weight rating. The warranty period for the law is 2 years from original delivery or the first 18,000 miles, whichever comes first. The consumer must notify the manufacturer in writing during that period; repairs reported in time must be made even after the period ends. A reasonable number of attempts is presumed if the same defect has been repaired four or more times during the warranty period and still exists, or the vehicle has been out of service for a total of 30 or more business days during the warranty period after notice. If the defect substantially impairs use and market value or safety and cannot be fixed, the manufacturer must replace the vehicle with a new one of the same model and equal value, or may instead refund the full purchase price plus reasonable collateral charges and incidental damages, less a reasonable allowance for use based on miles driven. A consumer who wants a refund or replacement and is refused must first use a dispute settlement program certified by the Montana Department of Justice.

1) Written notice: the consumer must notify the manufacturer or its agent in writing during the warranty period (2 years or 18,000 miles) that the vehicle does not conform to the warranty. The manufacturer must say in the warranty or owner's manual that written notice is required and give the name and address to send it to. The repair presumption does not apply against a manufacturer that has not received prior written notice and had a chance to fix the defect. 2) Arbitration: if the manufacturer has an informal dispute settlement program certified by the Montana Department of Justice as meeting federal rules (16 C.F.R. part 703), the consumer must use it first before the refund/replacement remedy can be enforced; that program must decide within 60 days. If the manufacturer has no certified program, the consumer can request arbitration through the Department of Justice by filing a notice and returning the department's form with a $100 filing fee within 5 days of receiving it (the fee is refunded if the department finds no warranty violation is alleged). The arbitrator must decide within 60 days after the department accepts the complaint. A consumer hurt by a manufacturer program that does not follow the required procedures can ask for a new (de novo) arbitration by a department arbitrator, with the same filing procedure and fee. If a decision is not accepted, the parties follow Montana's Uniform Arbitration Act (Title 27, chapter 5). 3) Deadline: the lemon law sections reviewed do not state a separate deadline to file a claim or lawsuit.

Montana's lemon law applies to new motor vehicles. The Office of Consumer Protection's used-vehicle guide tells buyers to read and understand the warranty, which may be full, limited or "as-is," and explains that an "as-is" sale means there is no warranty at all.