MT Lemon Law Statutes

Montana Lemon Law Qualifications

The Lemon Law covers:

  • vehicles purchased, titled or leased in Montana, provided they are less than two years old and have 18,000 miles or less on the odometer. This includes motorcycles.
  • substantial defects that impair the use, market value or safety of the vehicle

The Lemon Law does not cover:

  • vehicles purchased for business use
  • trucks over 10,000 lbs. GVW
  • non-motorized and off-road vehicles
  • the "residential" portion of motor homes
  • defects resulting from accident, abuse, neglect, modification or alteration by anyone other than the manufacturer or authorized dealer

Reasonable number of attempts -- presumption

  • The same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer during the warranty period but the nonconformity continues to exist; or
  • The motor vehicle is out of service because of nonconformity for a cumulative total of 30 or more business days during the warranty period after notification of the manufacturer, agent, or dealer.

Montana Arbitration Requirements

A consumer may initiate a request for arbitration by filing a notice with the department. The consumer shall file, on a form prescribed by the department, any information considered relevant to the resolution of the dispute and shall return the form, along with a $100 filing fee, within 5 days after receiving the form. The form must offer the consumer the choice of presenting any subsequent testimony orally or in writing, but not both.

The department shall determine whether the complaint alleges the violation of any applicable warranty under this part. If the department determines that a complaint does not allege a warranty violation, it shall refund the filing fee.

Upon acceptance of a complaint, the department shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, on a form prescribed by the department, any information considered relevant to the resolution of the dispute. The manufacturer shall return the form within 15 days of receipt, with a filing fee of $750.

Fees collected under this section must be deposited in a special revenue account for the use of the department in administering this part.

The manufacturer's fee is due only if the department's arbitration procedures are used.

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