Montana Lemon Law
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Title 61,Chapter 4, Part 5

Tuesday, October 25, 2016

61-4-501. Definitions. For purposes of this part, the following definitions apply:

61-4-502. Notice -- warranty enforceable after warranty period -- when.

61-4-503. Replacement for nonconformity to warranty.

61-4-504. Reasonable number of attempts -- presumption. A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503(1) if:

61-4-505. Dealer exemption -- liability to manufacturer.

61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses.

61-4-507. Exhaustion of remedies under federal law. The provisions of 61-4-503 are not applicable against a manufacturer who has established an informal dispute settlement procedure certified by the department of administration to be in substantial compliance with the provisions of Title 16, Code of Federal Regulations, part 703, as those provisions read on October 1, 1983, unless the consumer has first resorted to that procedure without satisfaction.

History: En. Sec. 7, Ch. 144, L. 1983; amd. Sec. 6, Ch. 744, L. 1985; amd. Sec. 195, Ch. 483, L. 2001.

61-4-508 through 61-4-510 reserved.

61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents.

61-4-512. Annual audit -- revocation or suspension of certification.

61-4-513 and 61-4-514 reserved.

61-4-515. Arbitration procedure.

61-4-516. Selection of arbitrator. An arbitrator for a grievance under this part must be chosen by the department of administration. The department of administration shall maintain a list of persons willing to serve as an arbitrator.

History: En. Sec. 11, Ch. 744, L. 1985; amd. Sec. 199, Ch. 483, L. 2001; amd. Sec. 2, Ch. 360, L. 2003.

61-4-517. Implementation of arbitration.

61-4-518. Arbitration -- role of department of administration -- expert.

61-4-519. Action by arbitrator -- decision.

History: En. Sec. 14, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985; amd. Sec. 202, Ch. 483, L. 2001; amd. Sec. 4, Ch. 360, L. 2003.

61-4-520. Nonconforming procedure -- arbitration de novo. A consumer injured by the operation of any procedure that does not conform with procedures established by a manufacturer pursuant to 61-4-511 and the provisions of Title 16, Code of Federal Regulations, part 703, as in effect on October 1, 1983, may appeal any decision rendered as the result of the procedure by requesting arbitration de novo of the dispute by a department of administration panel. Filing procedures and fees for appeals must be the same as those required in 61-4-515 through 61-4-517. The findings of the manufacturer's informal dispute settlement procedure are admissible in evidence at the department of administration arbitration panel hearing and in any civil action arising out of any warranty obligation or matter related to the dispute.

History: En. Sec. 16, Ch. 744, L. 1985; amd. Sec. 203, Ch. 483, L. 2001.

61-4-521 through 61-4-524 reserved.

61-4-525. Notice on resale of replaced vehicle. A motor vehicle which is returned to the manufacturer and which requires replacement or refund may not be sold in the state without a clear and conspicuous written disclosure of the fact that the vehicle was returned. The department of justice may prescribe by rule the form and content of the disclosure statement and a procedure by which the disclosure may be removed upon a determination that the vehicle is no longer defective.

History: En. Sec. 9, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985.

61-4-526. Records of disputes The department of administration shall maintain records of each dispute as it determines, including an index of disputes by brand name and model. The department of administration shall, at intervals of no more than 6 months, compile and maintain statistics indicating the record of compliance with arbitration decisions and the number of refunds or replacements awarded. The statistical summary must be considered by the department of administration in determining the issuance of any manufacturer license required under Title 61, chapter 4, part 2.

History: En. Sec. 15, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 204, Ch. 483, L. 2001.

61-4-527 through 61-4-530 reserved.

61-4-531. Nondelegable. The liabilities and obligations contained in this part may not be delegated or assigned to or assumed by any other person or entity.

61-4-532. Rulemaking. The department of administration may adopt rules to implement the provisions of this part.

History: En. Sec. 18, Ch. 744, L. 1985; amd. Sec. 205, Ch. 483, L. 2001.

61-4-533. Penalty. A violation of any provision of this part is an unfair or deceptive trade practice under Title 30, chapter 14, part 2, and the penalties provided in 30-14-224(1) apply.

History: En. Sec. 19, Ch. 744, L. 1985.