Key takeaways
- Protection period: warranty period: 2 years after original delivery or the first 18,000 miles, whichever is earlier.
- Repair attempts: same nonconformity subject to repair 4 or more times during the warranty period and it continues to exist.
- Days out of service: cumulative total of 30 or more business days out of service because of nonconformity during the warranty period, after notification of the manufacturer, agent, or dealer.
- The law is Mont. Code Ann. §§ 61-4-501 to 61-4-533. Read it with your repair orders and your warranty in front of you.
On this page
Montana's lemon law is Mont. Code Ann. §§ 61-4-501 to 61-4-533, the Montana New Motor Vehicle Warranties -- Remedies (Lemon Law), MCA Title 61, Chapter 4, Part 5. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Montana lemon law at a glance
| Statute | Mont. Code Ann. §§ 61-4-501 to 61-4-533 |
|---|---|
| Official name | Montana New Motor Vehicle Warranties -- Remedies (Lemon Law), MCA Title 61, Chapter 4, Part 5 |
| Vehicles covered | Self-propelled vehicles designed mainly to carry persons or property on public highways and sold or registered in Montana, bought or leased for personal, family, or household purposes, including the nonresidential portion of a motor home. Excludes trucks with a GVWR of 15,000 pounds or more and residential components of motor homes. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Warranty period: 2 years after original delivery or the first 18,000 miles, whichever is earlier. |
| Repair attempts | Same nonconformity subject to repair 4 or more times during the warranty period and it continues to exist. |
| Days out of service | Cumulative total of 30 or more business days out of service because of nonconformity during the warranty period, after notification of the manufacturer, agent, or dealer. |
| Notice to the manufacturer | Consumer must notify the manufacturer or its agent in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and had an opportunity to cure; the manufacturer must disclose this requirement and the mailing address in the warranty or owner's manual. |
| Dispute programs | If the manufacturer has an informal dispute procedure certified by the Department of Justice as complying with 16 C.F.R. Part 703, the consumer must first use it. The Department of Justice provides a state arbitration procedure for consumers whose manufacturer lacks a certified program, and de novo state arbitration after a nonconforming manufacturer procedure; the consumer filing fee is $100. |
| Remedies | Replacement with a new vehicle of the same model and style and equal value (or comparable market value if unavailable); alternatively the manufacturer may refund the full purchase price plus reasonable collateral charges and incidental damages, less a use allowance = contract price x miles before the manufacturer accepts return / 100,000. |
| Attorney's fees | No express consumer fee-shifting provision in Part 5. A state arbitrator may award reimbursement of expenses and costs to the prevailing party, and a court may award costs and reasonable attorney fees against a party that appeals an arbitration award without good cause. Violations are unfair or deceptive trade practices under Title 30, chapter 14, part 2. |
| Used vehicles | No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer'. |
Does your vehicle qualify in Montana?
The law covers self-propelled vehicles designed mainly to carry persons or property on public highways and sold or registered in Montana, bought or leased for personal, family, or household purposes, including the nonresidential portion of a motor home. Excludes trucks with a GVWR of 15,000 pounds or more and residential components of motor homes. The protection period is warranty period: 2 years after original delivery or the first 18,000 miles, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair 4 or more times during the warranty period and it continues to exist.
- Days out of service: Cumulative total of 30 or more business days out of service because of nonconformity during the warranty period, after notification of the manufacturer, agent, or dealer.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Consumer must notify the manufacturer or its agent in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and had an opportunity to cure; the manufacturer must disclose this requirement and the mailing address in the warranty or owner's manual.
If the manufacturer has an informal dispute procedure certified by the Department of Justice as complying with 16 C.F.R. Part 703, the consumer must first use it. The Department of Justice provides a state arbitration procedure for consumers whose manufacturer lacks a certified program, and de novo state arbitration after a nonconforming manufacturer procedure; the consumer filing fee is $100.
State resource: Montana Department of Justice, Office of Consumer Protection.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a new vehicle of the same model and style and equal value (or comparable market value if unavailable); alternatively the manufacturer may refund the full purchase price plus reasonable collateral charges and incidental damages, less a use allowance = contract price x miles before the manufacturer accepts return / 100,000. No express consumer fee-shifting provision in Part 5. A state arbitrator may award reimbursement of expenses and costs to the prevailing party, and a court may award costs and reasonable attorney fees against a party that appeals an arbitration award without good cause. Violations are unfair or deceptive trade practices under Title 30, chapter 14, part 2. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Montana's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Montana vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Montana?
Under Mont. Code Ann. §§ 61-4-501 to 61-4-533, the presumption is met when same nonconformity subject to repair 4 or more times during the warranty period and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more business days out of service because of nonconformity during the warranty period, after notification of the manufacturer, agent, or dealer.
Does the Montana lemon law cover used cars?
No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Montana lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Montana?
Consumer must notify the manufacturer or its agent in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and had an opportunity to cure; the manufacturer must disclose this requirement and the mailing address in the warranty or owner's manual. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Montana?
If the manufacturer has an informal dispute procedure certified by the Department of Justice as complying with 16 C.F.R. Part 703, the consumer must first use it. The Department of Justice provides a state arbitration procedure for consumers whose manufacturer lacks a certified program, and de novo state arbitration after a nonconforming manufacturer procedure; the consumer filing fee is $100.
Can I recover attorney's fees under the Montana lemon law?
No express consumer fee-shifting provision in Part 5. A state arbitrator may award reimbursement of expenses and costs to the prevailing party, and a court may award costs and reasonable attorney fees against a party that appeals an arbitration award without good cause. Violations are unfair or deceptive trade practices under Title 30, chapter 14, part 2. We explain exactly how fees work in your case before you sign anything.
Sources
- MCA Title 61, Ch. 4, Part 5 section index (Montana Legislature, MCA 2025)
- MCA 61-4-501 Definitions
- MCA 61-4-502 Notice
- MCA 61-4-503 Replacement for nonconformity
- MCA 61-4-504 Reasonable number of attempts
- MCA 61-4-507 Exhaustion of remedies
- MCA 61-4-515 Arbitration procedure
- MCA 61-4-519 Action by arbitrator
- Montana DOJ - Vehicles and the Lemon Law