You can seek relief for your vehicle under the Montana Lemon Law. Under the law, if a vehicle:
- Has a defect or condition covered by warranty that impairs its use, value or safety and
- That defect is reported to the manufacturer within the first two years or the first 18,000 miles and
- The same defect has been subject to repair four times but still exists or the vehicle has been out of service for repairs for a total of 30 business days.
you've got a lemon.
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.
If the manufacturer fails to correct any substantial defect or condition following your written notification, the manufacturer must either refund the full purchase price-plus any reasonable expenses directly incurred because of the vehicles condition-or 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.
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
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 state-certified dispute settlement program approved by the Montana Department of Commerce. Contact:
Montana Department of Commerce
New Motor Vehicle Warranties AdministratorXXXXXbr />PO Box 200501
Helena MT(NNN) NNN-NNNN/p>