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Montana

MONTANA Lemon Law:

Mont. Code Ann. §§ 61-4-501 to 61-4-533

Vehicles covered: Vehicles sold or registered in-state to transport

persons and property, including nonresidential portions of motor

homes; excludes trucks over 10,000 lbs. (§ 61-4-501(5)). No

reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty (§ 61-4-

501(2)).

Period covered: Whichever comes first: two years after date of

delivery or 18,000 miles (§ 61-4-501(7)).

Disclosure requirements: Clear and conspicuous disclosure of

necessity of consumer’s written notification of nonconformity must

be provided by the manufacturer in the warranty or owner’s

manual, including its name and address (§ 61-4-502(3)).

Required consumer notice:Written notification to the manufacturer

(§ 61-4-502(1)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of thirty or more business days (§ 61-4-504).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or unauthorized modifications or

alterations (§ 61-4-506(3)).

Replace/refund: Manufacturers shall replace with new motor vehicle

of same model, style, and value, if available, or of comparable

market value (§ 61-4-503(1)); or the manufacturer shall accept

return of a motor vehicle from the consumer and give a full refund

of the purchase price less a reasonable use allowance (defined in

§ 61-4-501(6)) (§ 61-4-503).

Other reimbursement: Collateral and incidental charges (§ 61-4-

503(2)).

Other remedies: There is no limit on other consumer remedies

(§ 61-4-506(1)). Violation is unfair trade practice (§ 61-4-533). No

cause of action created against dealer (§ 61-4-505(1)).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure established

by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 (§§ 61-4-507, 61-4-511, 61-4-515 to

61-4-520).

Resale of lemon: Full disclosure required (§ 61-4-525).