Montana's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Montana (MCA título 61, chapter 4, parte 5 (§ 61-4-501 a § 61-4-533)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New vehicles bought, titled or leased in Montana for personal, family or household use, including the non-residential portion of a motor home, with substantial defects that impair the use and market value or the safety of the vehicle (MCA § 61-4-501, § 61-4-503). The statute excludes only trucks with a gross vehicle weight rating of 15,000 pounds or more and the residential parts, furnishings and appliances of a motor home (MCA § 61-4-501(5)(b)); it does not name motorcycles either way. It also protects anyone the vehicle is transferred to while the express warranty lasts (MCA § 61-4-501(2)).

Rights period: 2 years from original delivery or the first 18,000 miles, whichever comes first (MCA § 61-4-501(7)). If you notify the manufacturer or its agent in writing within that period that the car does not meet the warranty, the warrantor must pay for those repairs even after the period has run out (MCA § 61-4-502(1)). The period is also extended by the time repair service was unavailable because of war, strike, fire, flood or another natural disaster (MCA § 61-4-502(2)).

When it is presumed a lemon

Four or more unsuccessful repairs of the same defect within the period, or 30 or more cumulative business days out of service within the period after notifying the manufacturer, agent or dealer (MCA § 61-4-504). The presumption does not run unless the manufacturer first received written notice and a chance to fix it (MCA § 61-4-502(2)). Send that notice in writing and keep proof of delivery; the manufacturer must print the address to send it to in the warranty or the owner's manual (MCA § 61-4-502(3)).

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

If the manufacturer has a dispute program certified by the Department of Justice, you must use it first and that program may not take more than 60 days to decide (MCA § 61-4-507, § 61-4-511). If it has none, you request state arbitration from the Department of Justice: you return the form within 5 days with a $100 filing fee, and if the Department finds your complaint does not allege a warranty violation it refunds that fee (MCA § 61-4-515, § 61-4-517(1) and (2)). The manufacturer pays $750 (MCA § 61-4-517(3)). The arbitrator decides within 60 days after the Department accepts the complaint (MCA § 61-4-519(1)). If the manufacturer's program breaks the rules, you can ask for new state arbitration (MCA § 61-4-520).

Who handles it: Montana Department of Justice — Office of Consumer Protection.

Hotline: 800-481-6896 (gratis) · 406-444-4500.

What you get if you win

A new car of the same model and value or, as the manufacturer's alternative, a refund of the full price plus collateral charges and incidental damages, minus a use allowance (price × miles ÷ 100,000).

What it does not cover

Trucks with a gross vehicle weight rating of 15,000 pounds or more, and the residential parts, furnishings and appliances of a motor home (MCA § 61-4-501(5)(b)); cars not bought for personal, family or household use, and purchases for resale or re-lease (MCA § 61-4-501(2)); a car whose defect comes from abuse, neglect or unauthorized modifications (MCA § 61-4-501(2)); used cars outside the 2-year / 18,000-mile period; and vehicles not propelled by their own power or not designed primarily for the public highways (MCA § 61-4-501(5)(a)). This part also gives you no claim against the dealer, only against the manufacturer (MCA § 61-4-505).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Montana: Montana's lemon-law protections can include a qualifying subsequent owner while the express warranty applies; the original-delivery time and mileage limits still matter (MCA § 61-4-501). For a used car: the dealer must display the federal Buyers Guide (MCA § 61-4-123(2)); a merchant seller gives an implied warranty of merchantability unless it excludes it in writing with "as is" (MCA § 30-2-314 and § 30-2-316); deceptive practices are illegal and can be reported to the Office of Consumer Protection (MCA § 30-14-103); false mileage is prohibited (MCA § 61-3-206).