Montana Lemon Law: Tests, Arbitration & Free Car Check

The short answer

Montana’s Lemon Law (MCA 61-4-501 to 61-4-533) covers the first 2 years or 18,000 miles. After written notice to the manufacturer, it presumes enough attempts after 4 repairs or 30 business days out of service. The manufacturer replaces the vehicle or, if it chooses, refunds the price less price × miles ÷ 100,000. If it has no certified program, the Department of Justice arbitrates for $100, deciding within 60 days.

Montana’s Lemon Law gives the state a hands-on role: the Department of Justice certifies manufacturers’ programs and, when a manufacturer has none, runs its own arbitration in Montana. This guide explains the tests, the notice, the arbitration options and the refund from Title 61, Chapter 4, Part 5 of the Montana Code.

Window
2 yrs / 18,000 mi
Repair test
4 attempts
Days test
30 business days
Notice
In writing
State arbitration
$100
Offset
÷ 100,000
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Montana Lemon Law rules at a glance

The Montana New Motor Vehicle Warranties (Lemon Law) is Mont. Code Ann. §§ 61-4-501 to 61-4-533.

Montana Lemon Law rules (verified October 13, 2026)
RuleWhat Montana law saysSource
StatuteMont. Code Ann. §§ 61-4-501 to 61-4-533MCA 61-4-501
Vehicles coveredPassenger motor vehicles for personal, family or household use, sold or registered in Montana; The non-residential portion of motor homes
Not coveredTrucks of 15,000 lbs GVWR or more; Residential components of motor homes
Protection window2 years from original delivery or 18,000 miles, whichever is earlierMCA 61-4-501(7)
Four Repairs TestThe same defect was repaired 4 or more times during the warranty period and continues; the manufacturer must have prior written noticeMCA 61-4-504(1), 61-4-502(2)
30 Business Days TestOut of service a cumulative total of 30 or more business days during the warranty period, after notification (business days)MCA 61-4-504(2)
Written noticeNotify the manufacturer or its agent in writing during the warranty period. The presumption does not apply until the manufacturer has prior written notice and a chance to cure. The warranty or owner’s manual must tell you this and give the address.MCA 61-4-502
Dispute program first?If the manufacturer has a dispute procedure certified by the Department of Justice, you must use it first. If it does not, the Department provides its own arbitration in Montana ($100 fee) with a decision within 60 days.
DeadlineMontana’s lemon law part does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Montana attorneyMCA 61-4-501 to 61-4-533
Usage deductiontotal contract price × miles traveled before the manufacturer accepts the return ÷ 100,000MCA 61-4-501(6)

Four repairs or 30 business days in Montana

Montana presumes a reasonable number of attempts, after written notice to the manufacturer, when during the warranty period (2 years or 18,000 miles):

4×

Four Repairs Test

The same defect was repaired 4 or more times during the warranty period and continues; the manufacturer must have prior written notice.

MCA 61-4-504(1), 61-4-502(2)
30

30 Business Days Test

Out of service a cumulative total of 30 or more business days during the warranty period, after notification.

MCA 61-4-504(2)

The defect must substantially impair the vehicle’s use and market value, or safety. Repairs needed after you notify the manufacturer during the warranty period must still be made after it ends.

Notice to the manufacturer in Montana

Notify the manufacturer or its agent in writing during the warranty period. The presumption does not apply until the manufacturer has prior written notice and a chance to cure. The warranty or owner’s manual must tell you this and give the address.

In Montana the presumption applies only after written notice to the manufacturer and a chance to cure.

Dispute program first. If the manufacturer has a dispute procedure certified by the Department of Justice, you must use it first. If it does not, the Department provides its own arbitration in Montana ($100 fee) with a decision within 60 days.

The manufacturer’s obligations cannot be delegated or assigned to anyone else (MCA 61-4-531).

Is there a Montana lemon law deadline?

Montana’s lemon law part does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Montana attorney (MCA 61-4-501 to 61-4-533).

Deadline example: new vehicle delivered March 15, 2025, with a 3-year / 36,000-mile warranty and low mileage
EventDateEffect
Vehicle deliveredMar 15, 2025The protection window starts
Protection window endsMarch 15, 2027Repairs after this date do not count toward the tests
Filing deadlineNot set in the partMontana’s lemon law part does not set its own filing deadline. Other time limits still apply, so act promptly and ask a Montana attorney

How to file a Montana lemon law claim

  1. Notify the manufacturer in writingDuring the warranty period, to the address in your warranty or owner’s manual.
  2. Keep every repair orderThey prove the 4 repairs or the 30 business days.
  3. Use a certified program, if the manufacturer has oneCertified by the Department of Justice; hearings in Montana within 60 days.
  4. Otherwise, use the state programFile the Department’s form with a $100 fee within 5 days of receiving it.
  5. Accept the decision or appealIf the decision is not accepted, Montana’s arbitration law governs the next steps.

Refund, replacement and the Montana deduction for use

Montana Lemon Law remedies
RemedyWhat it includes
ReplacementA new vehicle of the same model and style and equal value, or of comparable market value if that is not available.
RefundAs an alternative the manufacturer may choose: the full purchase price, collateral charges (taxes, license and registration fees) and incidental damages, less the allowance for use.

How the Montana deduction for use is calculated

total contract price × miles traveled before the manufacturer accepts the return ÷ 100,000 (MCA 61-4-501(6)).

Worked example: $36,000 vehicle, first repair at 6,000 miles, 15,000 miles today
StepMathAmount
Purchase price—$36,000.00
Deduction for use15,000 miles × $36,000 ÷ 100,000−$5,400.00
Refund before taxes, fees and other chargesThose are added under the rules above$30,600.00

Montana’s two arbitration routes

Montana lemon law arbitration (MCA 61-4-511 to 61-4-520)
RuleCertified manufacturer programDepartment of Justice program
When it appliesIf the manufacturer has one, you must use it firstOnly if the manufacturer has no certified program, or on appeal from a non-complying one
WhereIn Montana, at a place convenient to youIn Montana, at a place convenient to you
DecisionWithin 60 daysWithin 60 days of acceptance
FeesSet by the program$100 for you, $750 for the manufacturer
RemediesMust consider all Lemon Law remediesRepair, replacement, refund, other warranty remedies and costs

Montana’s refund formula, worked through

Montana counts the miles traveled before the manufacturer accepts the return (MCA 61-4-501(6)).

A $36,000 vehicle accepted back at 12,000 miles
StepAmount
Total contract price$36,000.00
Allowance: $36,000 × 12,000 ÷ 100,000−$4,320.00
Before collateral charges and damages$31,680.00

The manufacturer chooses between a replacement and a refund. Collateral charges such as sales and property tax, license and registration fees, and incidental damages are added to a refund.

Second owners in Montana

A person to whom the vehicle is transferred during the express warranty is a consumer. The part covers new motor vehicles within the warranty period.

A person to whom the vehicle is transferred during the express warranty is a consumer. Trucks of 15,000 lbs GVWR or more and the residential parts of motor homes are excluded.

To test your own dates and repair visits, test your Montana repair visits in the free checker.

Montana Lemon Law FAQs

What qualifies as a lemon in Montana?

A new passenger vehicle with a defect that substantially impairs its use and market value or safety, after 4 repairs or 30 business days out of service within 2 years or 18,000 miles, with written notice to the manufacturer.

How long do I have to file a lemon law claim in Montana?

The lemon law part does not set its own deadline, but other time limits apply. Act promptly and ask a Montana attorney.

How much does Montana lemon law arbitration cost?

The Department of Justice program costs $100, refunded if the complaint is not accepted; the manufacturer pays $750.

How is the Montana lemon law refund calculated?

The full purchase price with collateral charges and incidental damages, minus total contract price × miles before the manufacturer accepts the return ÷ 100,000.

Who chooses refund or replacement in Montana?

The manufacturer. Replacement is the default; it may instead accept the return and refund the price.

Sources

Checked on October 13, 2026. We re-verify Montana rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.

  1. MCA 61-4-501 (definitions)
  2. MCA 61-4-502 (notice)
  3. MCA 61-4-503 (replacement or refund)
  4. MCA 61-4-504 (presumption)
  5. MCA 61-4-517 (state arbitration)

This page explains the Montana Lemon Law in general terms. It is not legal advice and LemonLawMap is not a law firm. For advice about your case, contact the Montana Department of Justice or a licensed Montana attorney. Read our full disclaimer.