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Have you recently purchased or leased a vehicle in Montana that isn’t living up to your expectations and promises? Don’t worry. Montana’s Lemon Law offers you legal protection. It ensures you get a replacement or a refund for your defective vehicle.
What is the Montana Lemon Law?
Montana’s Lemon Law protects consumers who buy or lease new cars with significant defects. According to the law, if your new vehicle has a serious issue affecting its use, safety, or value, and the dealer or manufacturer cannot fix it after a reasonable number of attempts, your vehicle may qualify as a lemon. Therefore, this law protects you from the financial and safety risks associated with owning a defective vehicle
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
The law makes car manufacturers pay legal fees.
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Vehicles Covered
The Montana Lemon Law applies to new and leased vehicles registered in Montana. It covers any passenger car or truck with a rated capacity of one ton or less.
Vehicles covered include:
- Passenger cars
- SUVs
- Vans
- Trucks (up to 3/4 ton)
- Motorcycles
The vehicle must have been purchased or leased primarily for personal, family, or household purposes. Additionally, the coverage extends to the original owner or lessee and subsequent owners who acquire the vehicle within the warranty period.
Repair Interval and Coverage Period
For braking or steering system issues, the vehicle requires one repair attempt. For other problems, the vehicle needs four repair attempts or must be out of service for a total of 30 calendar days. In addition, the coverage period extends to 15 months or 15,000 miles for purchased vehicles and 12 months or 12,000 miles for leased vehicles.
Protection Criteria
To qualify as a lemon under Montana law, the vehicle must meet specific criteria:
Defect Occurrence
The defect must occur within the first 24 months or 18,000 miles, whichever comes first.
Reasonable Repair Attempts
The manufacturer or dealer must have made at least four attempts to repair the same defect.
Out of Service
If the vehicle remains out of service for a total of 30 days or more due to repairs, it qualifies as a lemon.
Significant Defect
The defect must significantly impair the vehicle’s use, market value, or safety.
Documenting the Defects
Proper documentation is crucial when dealing with a potential lemon.
Here’s what you should keep track of:
- Repair Records: Keep detailed records of all repair attempts, including dates, the nature of the defect, and the repairs performed.
- Communication: Save copies of all communication with the dealer or manufacturer regarding the defect and repair attempts.
- Warranty Information: Keep the warranty information and any documentation related to the purchase or lease of the vehicle.
Steps to Take if You Have a Lemon
Repairs
Take your vehicle to the dealership for the required repair attempts as described above.
Notify the Manufacturer
If you suspect you have purchased a lemon, notify the manufacturer. In addition, outline the defects and repair attempts in a certified letter.
Request a Refund or Replacement
If the manufacturer cannot fix the defect after a reasonable number of attempts, you can request a replacement vehicle or a refund. Also, the refund should cover the purchase price minus a reasonable allowance for use.
File a Complaint
If the manufacturer denies your request, you can file a complaint with the Montana Attorney General’s Office or seek legal assistance.
Alternatives to Litigation
Going to court can resolve a lemon law claim. However, you have options that might be faster and less costly than court.
Settlement
Many lemon law cases settle out of court. Both parties can negotiate a settlement at any time during the litigation process. Courts often have procedures to assist with settlement discussions.
Arbitration
In arbitration, both sides select a neutral third party to resolve their dispute. Arbitration can be binding or non-binding, depending on state rules and the terms agreed upon by both parties.
Mediation
Mediation involves a neutral third party who helps both sides negotiate a settlement. The mediator does not make a binding decision but facilitates discussions to help reach a mutually acceptable resolution.
Understanding the Montana Lemon Law
In Montana, lemon vehicles fall under the Montana Lemon Law, the Magnuson-Moss Warranty Act (federal lemon law), or both. Transitioning to these laws can provide relief, including a refund, replacement, or compensation for diminished value, as well as incidental and consequential damages. Moreover, qualified consumers can receive representation from Montana lemon law attorneys at no cost because the law covers attorneys’ fees.
If your vehicle is too old or has too many miles to qualify under these lemon laws, other legal avenues exist. Check out the Truth In Lending Act or related car buying laws to help you recover cash damages. Therefore, this can assist in trading out your vehicle or paying for necessary repairs.
How Lemberg Law Can Help
Lemberg Law specializes in lemon law cases, offering comprehensive legal support to consumers facing vehicle defects.
Here’s how We Can Assist You:
- Free Case Evaluation: Lemberg Law offers a no-obligation case evaluation to determine if your vehicle qualifies under the Montana Lemon Law.
- Expert Guidance: Our experienced attorneys will guide you through the legal process, ensuring you understand your rights and options.
- No Cost to You: Lemberg Law works on a contingency fee basis, meaning you pay nothing unless you win your case.
- Proven Track Record: With a history of successful lemon law cases, Lemberg Law has the expertise to handle even the most complex claims.
Why Choose Lemberg Law?
Choosing the right legal representation can impact the outcome of your lemon law case.
Here’s why Lemberg Law stands out:
- Consumer-Focused: Lemberg Law is committed to safeguarding consumer rights and ensuring fair treatment.
- Experienced Team: Our attorneys possess extensive experience in handling lemon law cases across multiple states.
- Comprehensive Support: Lemberg Law offers unwavering support from the initial consultation to the final resolution.
Contact Lemberg Law
If you believe your vehicle is a lemon, don’t hesitate to contact Lemberg Law for a free consultation. Our team is ready to help you get the compensation you deserve.
The Montana Lemon Law was designed to protect consumers from the financial and safety risks associated with defective vehicles. By understanding your rights and taking the appropriate steps, you can secure a replacement or a refund for your lemon.
Lemberg Law offers expert legal assistance to help ensure that you receive the compensation you deserve. With our support, you can turn a frustrating experience into a successful resolution. If you think you have a lemon, reach out to Lemberg Law today for a no-obligation consultation.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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