Lemon Law in Montana
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Montana Lemon Law
Montana's recently approved Motor Vehicle Warranty Act helps protect you from being unexpectedly saddled with a vehicle categorized as a "lemon."
Generally, you'll need to allow the manufacturer a certain number of repair attempts over a certain amount of time to fix your vehicle's defect before you can request a refund or replacement.
Montana Lemon Law Rights
In order to be considered a lemon in Montana the vehicle must:
- Be under 2 years old and have fewer than 18,000 miles on the odometer.
- Have undergone at least 3 attempts at repair by the manufacturer.
- Be out of service due to the defect for a total of 30 business days or more during the warranty period.
The law also applies to motorcycles, but not to business or off-road vehicles.
If your vehicle qualifies as a lemon, the manufacturer has an obligation to replace it or refund you. If the manufacturer drags its feet or refuses to work with you, consult a lemon law attorney.
Lemon Law Documentation
To make sure that Montana's Motor Vehicle Warranty Act works in your favor, keep detailed records. These will serve as your "star witnesses" should you go to court. To prove you've been sold a lemon, have ready:
- Sale and/or lease documents.
- Maintenance records, including receipts for maintenance supplies.
- Repair statements.
- A copy of a certified letter of notification to the manufacturer and/or dealer.
- All documents pertaining to the flaw.
If you need legal advice, you should consider contacting an attorney.
Montana Lemon Law Procedures
If your vehicle is a lemon, you'll need to take the following steps to settle the issue:
- If your vehicle's problem is still not corrected after 3 attempts at repair, notify the manufacturer and/or dealer of this by certified mail. Though this is not mandatory, it does alert the manufacturer and/or dealer that you are in the initial stages of possibly taking legal action.
- If the manufacturer and/or dealer fails to rectify your vehicle's flaw after this request, you are then entitled to a full refund or being given an identical or similar replacement vehicle.
- If the manufacturer and/or dealer are averse to correcting the problem with a refund or replacement vehicle, you then need to contact the Office of Consumer Protection in order to pursue legal action:
Office of Consumer Protection
555 Fuller Ave.
Helena, MT 59620
Phone: (406) 444-4500 or (800) 481-6896
Montana Lemon Law Attorneys
In the event that you end up purchasing a lemon and you're unable to reach a satisfactory settlement, obtaining the services of a Montana attorney who specializes in lemon law cases should be a priority.
When dealing with a major corporation like an automobile manufacturer, you'll want to have a solid case, especially with thousands of your hard earned dollars on the line.
Lemon law attorneys understand how to get you the refund or replacement you're entitled to if you were sold a lemon.
Tips for Hiring a Lemon Lawyer in MT
Should you choose to seek legal assistance, be sure to ask any potential attorney about his:
- Experience with lemon law issues.
- Policy on fees and payment.
- Case track record.
Another thing to keep in mind is that not all attorneys play by the same rules. If you have any reservations about a potential attorney, continue your search. You have many options for lemon lawyers in Montana.