The state of Montana combines both state laws and federal laws in
regards to lemon guidelines. Lemon laws in this state are designed to
help consumers receive compensation for faulty motor vehicles or trucks
that are still under the manufacturer's express warranty. The term
motor vehicle is also expanded to include motorcycles, boats,
recreational vehicles, and other technological devices such as
computers and consumer products.
In order to qualify for a lemon law in the state of Montana the motor
vehicle, which is the most common form of lemon, must have a defect
that has suffered various repair attempts. All attempts to repair the
defect must be while the motor vehicle is still under express warranty
or it will not qualify. Montana lemon law states that a consumer is
entitled to compensation through cash refund or replacement if a
vehicle turns out to be a lemon.
Qualifiers
In order to be eligible for lemon law compensation a motor vehicle must
have a reasonable amount of use. If the motor vehicle has been abused
or neglected, which gives birth to the consistent defect, then the
motor vehicle will not qualify. A defect qualifies as a lemon if it is
a nonconformity straight from the manufacturer.
A motor vehicle will also have its reasonable allowance calculated
through multiplying its total contract price by the fraction with the
denominator of one hundred thousand and the numerator as the number of
miles the motor vehicle traveled before being accepted by the
manufacturer for return.
A motor vehicle's warranty period also designates whether or not it
qualifies as a lemon. The express warranty period ends after two years
since the original delivery date to the consumer. The warranty also
concludes when eighteen thousand miles have been driven. Whichever
occurs first will dictate the warranty's expiration. The kind of defect
a motor vehicle has will also make it eligible or ineligible for lemon
compensation. A defect must hinder the market quality of the motor
vehicle or impede the safety of its passengers.
Replacement
The manufacturer will be required to replace the motor vehicle if upon
request the manufacturer cannot conform the defect to manufacturer
standards. If the motor vehicle cannot be repaired by the manufacturer,
agent, or dealer within thirty days, the consumer will be eligible for
replacement or refund.
A replacement vehicle, if the consumer so desires a replacement rather
than a refund, will be of the same market value as the lemon vehicle. A
refund will include the purchasing price as well as all licensing fees,
registration fees, applicable taxes, government fees, and others.
Repair Attempts
In order to qualify as lemon a vehicle must first under go a certain
number of repair attempts prior to being accepted by the dealer, agent,
or manufacturer. A reasonable number of repair attempts in the state of
Montana include three to four times or having the motor vehicle out of
commission for a total of thirty days. These thirty days do not need to
consecutive. The repairs must be made on the same defect each time.