Montana’s Lemon Law is designed to protect consumers who purchase or lease new vehicles that turn out to be defective. This comprehensive guide will provide a detailed explanation of the Lemon Law in Montana, the eligibility criteria for vehicles, the process to follow when seeking relief under the law, and the remedies available to consumers.
When Does Montana’s Lemon Law Apply?
To qualify for protection under Montana’s Lemon Law, the following criteria must be met:
- Vehicle Type: The law covers new motor vehicles, including demonstrator vehicles and motorcycles, but excludes motorhomes, off-road vehicles, and trucks with a gross vehicle weight over 15,000 pounds.
- Purchase or Lease: The vehicle must be purchased or leased in Montana from a licensed dealer or leasing company.
- Timeframe: The defect or nonconformity must appear within two years or 18,000 miles from the original delivery date, whichever occurs first.
- Defect or Nonconformity: The vehicle must have a defect or nonconformity that substantially impairs its use, market value, or safety.
Understanding Defects and Nonconformities
A defect or nonconformity refers to a condition or problem that substantially impairs the use, market value, or safety of the vehicle. Examples include faulty brakes, transmission issues, or recurring electrical problems. Normal wear and tear or damage caused by neglect, abuse, or unauthorized modifications are not covered under the Lemon Law.
The Process: Seeking Relief Under Montana’s Lemon Law
To seek relief under MT Lemon Law, follow these steps:
- Notify the Manufacturer: Provide written notification of the defect or nonconformity to the vehicle’s manufacturer, giving them an opportunity to repair the issue. The notice should include a description of the problem, your contact information, and the vehicle identification number (VIN).
- Allow Reasonable Repair Attempts: The manufacturer has a reasonable number of attempts to repair the defect or nonconformity. In Montana, this is defined as four or more repair attempts, or the vehicle being out of service for a cumulative total of 30 or more business days.
- Request for Buyback or Replacement: If the manufacturer fails to repair the defect or nonconformity within a reasonable number of attempts, you can request a buyback or replacement vehicle. Be sure to provide written documentation of the repair attempts and any relevant receipts.
- State-Administered Arbitration: If the manufacturer refuses to provide a buyback or replacement, you can request state-administered arbitration. Montana’s Office of Consumer Protection oversees the arbitration process, which is an informal, free service for consumers.
What should you expect from the MT Lemon Law?
If your vehicle qualifies as a lemon under Montana’s Lemon Law, you are entitled to one of the following remedies:
- Buyback: The manufacturer must refund the full purchase price or the lease price paid, minus a reasonable allowance for use. The refund will also include any collateral charges, such as taxes, registration fees, and finance charges.
- Replacement Vehicle: The manufacturer must provide a comparable new vehicle, subject to your approval. The replacement vehicle must be of the same make and model or one of equal value.