Get Compensation for Your Defective Vehicle
Montana’s New Motor Vehicle Warranty Act (Lemon Law) protects consumers by ensuring they get a refund or replacement for defective new vehicles.
“Lemon Law protects owners and lessees of vehicles with persistent defects.” –– Joseph Novel, Esq.
founding attorney
Full refund, incl. taxes, fees, & remaining loan balance.
You’ll receive a new car of equal value.
Under the Montana Lemon Law, your vehicle may qualify if it has a defect that substantially impairs its use, market value, or safety, and the manufacturer is unable to fix it after a reasonable number of attempts during the warranty period. The warranty period under the Montana Lemon Law is defined as two years from the date of original delivery or the first 18,000 miles of operation, whichever comes first. If your new car has been repeatedly failing and repairs are not sticking, the Montana Lemon Law gives you the right to demand a replacement or refund.
Under Montana Lemon Law 61-4-504, a reasonable number of repair attempts is presumed if the same nonconformity has been subject to repair four or more times during the warranty period without being resolved, or if your vehicle has been out of service for a cumulative total of 30 or more business days due to the defect. Importantly, the Montana Lemon Law also requires you to send written notification of the nonconformity to the manufacturer before you can pursue a remedy, giving them an opportunity to cure the defect. Once those thresholds are met, the Montana Lemon Law squarely puts the burden on the manufacturer to make things right.
If your vehicle qualifies under the Montana Lemon Law, the manufacturer must first replace it with a new vehicle of the same model and style and of equal value. Under Montana Lemon Law 61-4-503, if replacement is not possible due to availability, a vehicle of comparable market value must be offered instead, or the manufacturer may choose to accept the return of your vehicle and provide a full refund of the purchase price plus collateral charges and incidental damages, minus a reasonable allowance for your use. The Montana Lemon Law puts real remedies on the table, so do not settle for endless repair attempts when you may be entitled to much more.
The Montana Lemon Law is specifically designed to protect purchasers of new motor vehicles and does not generally extend to used vehicles sold without a manufacturer’s warranty. However, if you purchased a vehicle that was previously returned under the Montana Lemon Law and resold without the required written disclosure, you may have additional legal options. Even if the Montana Lemon Law does not directly apply to your situation, you may still have rights through the federal Magnuson-Moss Warranty Act or other consumer protection laws, so it is worth consulting an attorney.
Yes, and it is one of the smartest steps you can take. The Montana Lemon Law has specific written notice requirements, arbitration procedures administered through the Department of Commerce, and deadlines that can be easy to miss without guidance. Montana’s arbitration process is state-run and consumer-friendly, but navigating it correctly matters, and if a manufacturer appeals an award without good cause, the court can grant you costs and reasonable attorneys’ fees. A Montana Lemon Law attorney can help you build a strong case and make sure your rights are fully protected from start to finish.
