The state of Montana recently approved Motor Vehicle Warranty Act to protect consumers from falling victims of faulty vehicles described as lemons. Before evoking Montana Lemon Law to deal with unscrupulous manufactures or dealers, make sure you understand what this law entails. Basically, before filing your complaint at the Attorney General’s Office in Michigan, allow your dealer or manufacturer a number of reasonable attempts to fix the defects. In this article, we have detailed information regarding this law and the steps to take when dealing with a lemon.
Montana Lemon Law Rights
The Montana lemon law will cover your vehicle or motorcycle if:
- It was purchased, licensed or leased in Montana
- Has 2 years or less from the date of purchase
- Has covered 18, 000 miles or less.
For your vehicle to be considered as a lemon, it must have major defects that compromise its safety, value and use. The law will not cover you if:
- The vehicle is used for business i.e. trucks
- It weighs 10,000 lbs or more
- It is a non-motorized and off-road vehicle or gross vehicle weight (GVW)
- If the defects were caused by cause of negligence, alteration or caused by anyone other than an authorized dealer or manufacturer.
NOTE: Montana lemon law can offer protection up to an extended period of 1 year if the initial vehicle problem has not been resolved during the initial protection period.
Montana Lemon Law Documentation
Motor Vehicle Warranty Act in Montana requires complainants to provide documentation when filing their claims. These documents will serve as evidence that you had been indeed sold a lemon, and you’ve tried to resolve the issue with the manufacturer or unauthorized dealer. These documents include but not limited to the following:
- Purchase or lease documents
- Maintain records including maintenance receipts showing the cost incurred
- Repair records
- Evidence of communication you had with your dealer/manufacturer (letters, phone call records, emails)
- All documents/photos showing the defects.
Montana Lemon Law Procedures
To resolve the issue amicably with your manufacturer or dealer, you’ll need to follow the following steps:
- First, you will report the matter to the manufacturer or authorized dealer. You will then allow them to have a reasonable attempt to fix the problem. Generally they are allowed up to 3 attempts and another final attempt initiated by a repair notice. This final repair notice will alert the manufacturer that you are about to take a legal action against them if they fail to fix the problem.
- If the dealer or the manufacturer from whom you purchased the vehicle from fail to fix the defect, you are then entitled to a refund of your purchased price or replacement vehicle of similar type but one with a good condition.
- If you fail to reach a compromise with your manufacturer or dealer, you are at liberty to report the issue at the Office of Consumer Protection.
In this case, you should hire a qualified attorney to represent your case. To avoid a lemon, always ask for a vehicle history report before making your offer. For more information regarding Montana Lemon Law contact the office of consumer protection in Montana using the contacts below. Office of Consumer Protection 555 Fuller Avenue Helena, MT 59620 Phone: (406) 444-4500 or (800) 481-6896 Email: [email protected]