Lemon Law Basics: Montana Lemon Laws
Summary of Montana Lemon Law
What vehicles are covered under Montana lemon law?
Montana lemon law covers self-propelled motor vehicles and vehicular portions
of motor homes that were sold or leased in the state of Montana for use
on public roads. Motorcycles and vehicles whose gross vehicle weight exceeds
10,000 pounds are excluded.
What problems are covered under Montana lemon law?
Montana lemon law states that if a qualifying vehicle has a serious defect
that impairs its use, value, or safety, the manufacturer must repair it
as long as it is reported within the warranty period. The warranty period
is defined as the first 24 months of vehicle possession or the first 18,000
miles, whichever comes first. An exception is made if the nonconformity
was caused by abuse, neglect, or modification. The consumer must notify
the manufacturer in writing of the nonconformity. If the manufacturer
has had a reasonable chance to repair the vehicle but the nonconformity
still exists, the manufacturer must repurchase or replace the vehicle.
According to Montana lemon law, the manufacturer is presumed to have
had a reasonable chance to repair the vehicle after 4 unsuccessful attempts
to repair the nonconformity, or after 30 business days during which the
vehicle was out of commission for repairs.
Filing a claim under Montana lemon law
Before a consumer can take a manufacturer to court under the Montana lemon
law, he must first attempt a resolution with the manufacturer's informal
settlement board. If the manufacturer does not have a certified settlement
process, the consumer must bring his Montana lemon law claim to the Department
of Administration's arbitration board. This claim must be filed within
one year of the expiration of the warranty period.
What settlements are possible under Montana lemon law?
If a vehicle is repurchased under the Montana lemon law, the manufacturer
must pay a sum which includes the full purchase price, all government
charges like tax and registration, and all incidental costs, such as towing
and alternate transportation, that were a direct result of the nonconformity.
An offset for reasonable usage of the vehicle can be subtracted from this
sum. The offset is determined by dividing the number of miles driven by
the consumer by 100,000, and multiplying the result by the purchase price.
If a vehicle is repurchased under Montana lemon law, the new vehicle
must have the same value, model, and style as the original. If this is
not possible, the new vehicle must be comparable to the original. No usage
offset may be applied to a replaced vehicle.
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