What Vehicles Are Not Covered?

Tue, 29 May 2007 21:19:00 GMT

Trucks over 10,000 lbs. GVW, nonmotorized and offroad vehicles, motorcycles and the residential portion of motor homes are not covered under the Montana Lemon Law. It also does not apply to any normally eligible vehicle that is past its second year of ownership or driven more than 18,000 miles whichever comes first. The Lemon Law does not cover defects resulting from accident, abuse, neglect, modification or alteration by anyone other than the manufacturer or authorized dealer. Used cars are not covered. Minor or trivial defects in appearance, structure or performance are also not covered by the Lemon Law.

How Do I Obtain A Refund Or Replacement?

Tue, 29 May 2007 21:19:00 GMT

If you think you are entitled to a refund or replacement and your manufacturer is unwilling to provide either remedy, you must first submit your dispute to a statecertified dispute settlement program approved by the Montana Department of Commerce. Contact:

How Do I Prove I Have A Lemon?

Tue, 29 May 2007 21:19:00 GMT

Be prepared to produce:

All purchase (or lease) documents
All maintenance records
All repair orders
Receipt for maintenance supplies
Certified letter of notification to the manufacturer (copy)
Any and all other documents relating to the defect

What Are My Rights If The Manufacturer Fails To Fix My Vehicle?

Mon, 04 Jun 2007 21:51:22 GMT

If the manufacturer fails to correct any substantial defect or condition following your written notification, the manufacturer must either refund the full purchase priceplus any reasonable expenses directly incurred because of the vehicles conditionor provide an identical or reasonably equivalent replacement vehicle. If the vehicle is bought back, the manufacturer can deduct an amount for the use of the vehicle calculated on the odometer reading at the time of repurchase.

What Is Montana's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The New Motor Vehicle Warranty Act of Montana is a state law administered by the Montana Department of Commerce. This law, when applicable, aids consumers in obtaining repurchase, replacement or repair of their new vehicle when repeated attempts at repair are unsuccessful. This law applies to a vehicle that is less than two years old and with 18,000 miles or less on its odometer.

What Should I Do After Three Repair Attempts On The Same Problem?

Mon, 04 Jun 2007 21:51:22 GMT

If the problem is a substantial defect or condition that recurs or still exists after the third repair attempt, notify the manufacturer by certified mail, return receipt requested, of the need to repair the defect or condition on their fourth attempt. This notification procedure is not required under the Lemon Law, but does serve as notice to the manufacturer of your intentions.

What Should I Know About The Warranty Period?

Tue, 29 May 2007 21:19:00 GMT

The warranty period ends two years after the date of the vehicle`s original delivery to the consumer, or the first 18,000 miles of operation, whichever occurs first. This period can be extended if a defect is reported, in writing, to the dealer or manufacturer during the warranty period but has not been cured by the expiration of the period.

Keep all records of warranty repairs and all written communications with dealers and manufacturers. Work orders provide the best proof as to when a problem was first reported.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law covers new or demonstrator motor vehicles, including trucks of 10,000 lbs. or less gross vehicle weight that are purchased or leased in Montana with substantial defects that impair the use, market value or safety of the vehicle.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Any vehicle, including the nonresidential portion of a motor home, propelled by its own power, designed primarily to transport persons or property upon the public highways. Does not include trucks with 10,000 pounds or more GVW or motorcycles.

4 repair attempts or 30 business days out of service

2 years or 18,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Montana Consumer Affairs Unit
Department of Commerce
1424 9th Avenue
P.O. Box 200501
Helena, MT 596200501
4064444312
commerce.mt.gov/consumer/index.htm

Montana Lawyer Referral Service
4064496577
www.montanabar.org
The Lawyer Referral Service is part of the Montana Bar Association.

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Mon, 30 Nov 2009 00:31:37 GMT

Free Lemon Law Attorney FAQs