Lemon Law in Montana
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.
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.
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.
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.