Montana Lemon Law

The "New Motor Vehicle Warranty Act" of Montana is a state law enforced by the Montana Department of Administration. The law is designed to "help in obtaining repurchase, replacement or repair of their new vehicle when repeated attempts to have the defect fixed have failed". This law applies to new vehicles (used cars are not covered) when the defect is reported to the manufacturer before the vehicle is two years old and has been driven for less than 18,000 miles. The Lemon Law covers vehicles including pick up trucks that are purchased or leased in Montana. Trucks over 10,000 lbs. GVW, trailers, off-road vehicles, and the living area of motor homes are not covered under the Montana Lemon Law. The Lemon Law does not apply to a problem caused by an accident, abuse, neglect, modification or alteration by anyone other than the manufacturer or authorized dealer. Minor defects in appearance or performance also are not covered by this law.

To qualify as a lemon, the vehicle must have a defect that impairs its use, value or safety and is covered by a warranty. You must have tried to get the defect fixed at least four times or the vehicle must have been unusable to you for 30 days. Keep all records of repairs and all letters you have written or received from the dealer and manufacturer. It is the best way to prove when the defect was first reported. Before filing a complaint make sure you contact the manufacturer, they may help you where the dealer didn't. Besides if you do file the mediation is with the manufacturer not the dealer.

If the manufacturer also fails to correct the defect, the manufacturer must either give you back your money plus any reasonable costs you had because of the defect or provide you an identical (or close) replacement vehicle. If the manufacturer repurchases the vehicle they will deduct an amount to cover what use you did get from the vehicle. This is based on mileage you drove. Don't let them charge you for the miles put on the vehicle by the dealer while the vehicle was in for repairs.

If all else has failed and you need the assistance of the Montana Department of Administration, call (406) 444-4500. They will refer you to a state-certified dispute settlement program.