Montana Lemon Laws

Montana lemon laws are dealt with in Montana Code, Title 61, Chapter 4, Part 5 (New Motor Vehicle Warranties – Remedies) Section 61-4-501 et seq.  A motor vehicle is defective if it does not conform to all applicable express warranties.  The prescribed time limit for manufacturer repair is the period of such express warranties.  The warranty period ends two years after the date of the original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever is earlier.  This time limit is prescribed in Sections 61-4-501 and 61-4-502.  During this time limit the consumer should report any nonconformity, defect, or condition to the manufacturer or its agent.  The manufacturer or its agent should repair or correct the nonconformity, defect, or condition at no charge to the consumer, within this time period.

Certain remedies are available to the consumer if the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, after a reasonable number of attempts.  The manufacturer should either replace the motor vehicle with a new motor vehicle of the same model and style and of equal value, or accept return of the motor vehicle from the consumer and refund to the consumer.

In case such replacement is impossible because of lack of availability, the manufacturer should replace it with a motor vehicle of comparable market value.  The refund includes the full purchase price and all reasonably incurred collateral charges and incidental damages.  The consumer has the option to choose from either of the two remedies.  From the full purchase price, the manufacturer can deduct a reasonable allowance for the consumer’s use of the motor vehicle.  The remedies are enumerated under Section 61-4-503.

Mont. Code Anno., § 61-4-501

Definitions.
For purposes of this part, the following definitions apply:
***

(7)  “Warranty period” means the period ending 2 years after the date of the original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever is earlier.

Mont. Code Anno., § 61-4-502

Notice — warranty enforceable after warranty period — when.
(1)  If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at the expense of the warrantor, regardless of the expiration of the warranty period after notification of nonconformity is given by the consumer.
****

Mont. Code Anno., § 61-4-503

Replacement for nonconformity to warranty.
(1)  If after a reasonable number of attempts the manufacturer or its agent or authorized dealer is unable, during the warranty period, to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value or safety of the motor vehicle to the consumer, the manufacturer shall replace it with a new motor vehicle of the same model and style and of equal value, unless for reasons of lack of availability replacement is impossible, in which case the manufacturer shall replace it with a motor vehicle of comparable market value.
(2)  As an alternative to replacement, the manufacturer may accept return of the new motor vehicle from the consumer upon refund to the consumer of the full purchase price, plus reasonable collateral charges and incidental damages, less a reasonable allowance for the consumer’s use of the motor vehicle. The refund must be paid to the consumer and to a lienholder, if any, in proportion to their interests.


Inside Montana Lemon Laws