Montana lemon law: when your car is a lemon and how to claim
In Montana, a new car counts as a lemon after 4 repairs for the same problem or 30 business days in the shop within the first 24 months or 18,000 miles. First, send the manufacturer a written notice: the free letter below does it.
Checked against official sources: Oct 22, 2026
Your next 4 steps in Montana
Keep every repair order
Get a written repair order at every visit, with the date, mileage and days in the shop. In Montana, a car is presumed a lemon after 4 repairs for the same problem or 30 business days in the shop.
Send the manufacturer a written notice
Notify the manufacturer (or its agent) in writing during the warranty period. Write your notice letter ↓
Let the manufacturer make its final repair attempt
If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.
Ask for a refund or replacement, use arbitration, or call a lawyer
If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below.
When a car is a lemon in Montana
Your vehicle is presumed a lemon if, during the warranty period, the same defect has been repaired 4 or more times and is still there, or the vehicle has been out of service for repairs for a total of 30 or more business days after you notified the manufacturer, its agent or the dealer. The defect must substantially impair the vehicle's use and market value or safety. The presumption does not apply unless the manufacturer first got written notice from you and had a chance to fix the defect.
Period: 2 years from original delivery or the first 18,000 miles, whichever comes first
Is your car a lemon in Montana? A quick check
Notice to the manufacturer
Notify the manufacturer (or its agent) in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and a chance to fix the defect. The manufacturer must state in the warranty or owner's manual that written notice is required and give the name and address to send it to. The statute does not require certified mail.
Arbitration
Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). If the manufacturer has a dispute program certified by the state, you must use it first before you can claim a refund or replacement under the lemon law. If the manufacturer has no certified program, you can ask for state arbitration; you pay a $100 filing fee, the manufacturer pays $750, hearings are held in Montana, and the arbitrator must decide within 60 days. If a certified manufacturer program did not follow the rules, you can appeal its decision to a state arbitrator.
What you can get
The manufacturer must replace the vehicle with a new one of the same model and style and equal value (or comparable market value if that is not available). Or it may instead take the vehicle back and refund the full purchase price, plus collateral charges (sales tax, property tax, license and registration fees, fees in lieu of tax) and incidental damages. It may deduct a use allowance: total contract price x miles driven before the manufacturer accepted the return / 100,000. The refund is split between you and any lender.
Attorney fees: The lemon law has no general rule giving a winning consumer attorney fees; a court may award costs and attorney fees only against a party who appeals an arbitration award without good cause.
Free lemon law notice letter
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.
Send it by certified mail with return receipt so you have proof, and keep the receipt.
Who to contact
- Office
- Montana Department of Justice, Office of Consumer Protection
What the law covers
- New vehicles
- Yes
- Used vehicles
- No
- Leased vehicles
- Yes
- Which vehicles
- New vehicles sold or registered in Montana that are built mainly to carry people or property on public roads, including the driving part of a motor home. Not covered: trucks with a gross vehicle weight rating of 15,000 pounds or more, and the living-quarters parts of a motor home.
- Who can claim
- The buyer or lessee of a passenger vehicle used for personal, family or household purposes. A later owner who gets the vehicle for the same purposes while the express warranty still runs is also covered, as is anyone else the warranty lets enforce it. Business-use vehicles do not qualify.
Used cars in Montana
Montana's lemon law covers new vehicles only. A later owner can use it only if the vehicle is still within the original 2-year/18,000-mile period.
Good to know
- A vehicle returned to the manufacturer for a refund or replacement may not be resold in Montana without a clear written disclosure that it was returned (Mont. Code Ann. § 61-4-525).
- A violation of the lemon law is an unfair or deceptive trade practice under Montana's consumer protection law (Mont. Code Ann. § 61-4-533).
- The arbitrator may get advice from an independent technical expert certified by the National Institute for Automotive Service Excellence (Mont. Code Ann. § 61-4-518).
Questions about Montana's lemon law
How many repair attempts make a car a lemon in Montana?
Your vehicle is presumed a lemon if, during the warranty period, the same defect has been repaired 4 or more times and is still there, or the vehicle has been out of service for repairs for a total of 30 or more business days after you notified the manufacturer, its agent or the dealer. The defect must substantially impair the vehicle's use and market value or safety. The presumption does not apply unless the manufacturer first got written notice from you and had a chance to fix the defect.
How long does Montana's lemon law cover a car?
2 years from original delivery or the first 18,000 miles, whichever comes first
Do I have to notify the manufacturer in Montana?
Notify the manufacturer (or its agent) in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and a chance to fix the defect. The manufacturer must state in the warranty or owner's manual that written notice is required and give the name and address to send it to. The statute does not require certified mail.
Do I have to go to arbitration in Montana?
If the manufacturer has a dispute program certified by the state, you must use it first before you can claim a refund or replacement under the lemon law. If the manufacturer has no certified program, you can ask for state arbitration; you pay a $100 filing fee, the manufacturer pays $750, hearings are held in Montana, and the arbitrator must decide within 60 days. If a certified manufacturer program did not follow the rules, you can appeal its decision to a state arbitrator.
What can I get under Montana's lemon law?
The manufacturer must replace the vehicle with a new one of the same model and style and equal value (or comparable market value if that is not available). Or it may instead take the vehicle back and refund the full purchase price, plus collateral charges (sales tax, property tax, license and registration fees, fees in lieu of tax) and incidental damages. It may deduct a use allowance: total contract price x miles driven before the manufacturer accepted the return / 100,000. The refund is split between you and any lender.
Does Montana's lemon law cover used cars?
Montana's lemon law covers new vehicles only. A later owner can use it only if the vehicle is still within the original 2-year/18,000-mile period.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawSources
- Mont. Code Ann. Title 61, Ch. 4, Part 5 - New Motor Vehicle Warranties -- Remedies (table of contents)
- Mont. Code Ann. § 61-4-501 Definitions
- Mont. Code Ann. § 61-4-504 Reasonable number of attempts -- presumption
- Mont. Code Ann. § 61-4-507 Exhaustion of remedies under federal law
- Mont. Code Ann. § 61-4-517 Implementation of arbitration (fees)
- Mont. Code Ann. § 61-4-519 Action by arbitrator -- decision
Last checked: Oct 22, 2026.
Law: New Motor Vehicle Warranties -- Remedies (Montana lemon law), Mont. Code Ann. §§ 61-4-501 to 61-4-533