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- Montana Lemon Law Info – MT Lemon Law Attorneys
What is the Lemon Law in Montana?
In the state of Montana, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the Montana Lemon Law?
Montana lemon law covers new passenger vehicles, SUVs, vans, and trucks under 10,000 pounds that are purchased or registered in MT. It also covers the non-residential portions of RVs. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the first two years from the delivery date or 18,000 miles of operation (whichever period ends first); the lemon law period can be extended for one year if the defect is reported in writing to the dealer or manufacturer during the warranty period but has not been fixed by the end of that period
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 business days
- The manufacturer or dealer has been notified in writing of the defect and has been given a final opportunity to repair it
- The owner has participated in the state-certified dispute settlement program
- Is driven primarily for personal, family, or household purposes
Montana Statutes, Sections 61-4-501 through 61-4-533 are the state’s lemon law.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
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Does the Montana Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the MT Lemon Law.
Getting Lemon Justice — Relief Under Montana Law
Montana lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Property tax
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, calculated by dividing the vehicle’s mileage by 100,000, and multiplying it by the total contract price.
Pursuing a MT Lemon Law Claim
Under Montana lemon law, after three repair attempts, you must notify the manufacturer in writing of the problem with your vehicle and give them one final opportunity to repair it. You should send this letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
Once the manufacturer receives your letter, they will tell you where to take your vehicle for a final repair attempt. If the problem still isn’t fixed, you must participate in the manufacturer’s informal dispute resolution process (if one exists) or the state-certified dispute settlement program before you are eligible to file a lemon law claim in court. If your request is accepted, an arbitration hearing will be scheduled.
A decision must be made within 60 days of your initial request for arbitration, and, if so awarded, the manufacturer has 30 days to provide you with a replacement vehicle or refund.
Hiring a Lemon Law Lawyer in Montana
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Montana lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
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