Remedies Under the Montana Lemon Law

A successful Montana claim produces a refund or replacement — at the manufacturer’s election — under the Lemon Law, with a consumer-favorable 100,000-mile use offset. Because the lemon law carries no fee provision, the Consumer Protection Act (discretionary treble + discretionary fees) and Magnuson-Moss supply the damages multiplier and attorney fees.

The remedy menu

1. Refund — full purchase price plus collateral charges (property tax, registration, fees in lieu of tax — no sales tax in Montana), minus a use offset on a 100,000-mile basis.
2. Replacement — comparable new vehicle. The manufacturer elects refund vs. replacement (§ 61-4-503).
3. CPA damages — actual damages, discretionary treble (up to 3x, no dollar cap).
4. Attorney fees — discretionary under the CPA (capped at $250/hour); plus Magnuson-Moss § 2310(d)(2). The lemon law itself has none.

Topics in this section

• Refund (buyback) — The refund and the 100,000-mile offset.
• Replacement — Comparable-vehicle replacement (manufacturer’s election).
• Cash-and-keep — Negotiated cash settlements where you keep the vehicle.
• CPA damages — Actual damages and the discretionary treble.
• Attorney fees — Via the CPA and Magnuson-Moss.

What makes Montana’s remedies distinctive

• Manufacturer elects refund or replacement (contrast NH/RI/ME consumer-election).
• 100,000-mile offset — a modest use deduction.
• No sales tax in Montana — the refund’s collateral is property tax, registration, and fees in lieu.
• Fees route through the CPA and Magnuson-Moss — the lemon law has no fee clause.

The recovery picture

Between in-state arbitration, the CPA’s discretionary treble, and Magnuson-Moss fees, a Montana consumer’s leverage comes from stacking the statutes. See attorney fees.

Related

Topic

Montana Lemon Law FAQ

Common questions about Montana lemon-law claims — qualifying, the in-state arbitration, hiring a lawyer, cost, used vehicles, denied claims, repair shops, and deadlines.

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Montana Lemon Law Cases by Manufacturer

How the Montana Lemon Law and the Consumer Protection Act apply to specific manufacturers across the Billings, Missoula, Great Falls, and Bozeman markets.

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The Process: Filing a Montana Lemon Law Claim

Step by step through a Montana lemon-law claim — documented repair attempts, written notice, the in-state arbitration program, and court action.

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Qualifying Defects Under the Montana Lemon Law

Which defects qualify under Montana's lemon law — transmission, engine, brakes, electrical, steering, infotainment, EV — under the 4-attempt / 30-business-day presumption, with mountain-grade, extreme-cold, and mag-chloride factors.

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The Law: Montana Lemon Law and the Consumer Protection Act

The statutes behind a Montana lemon-law claim — the New Motor Vehicle Warranty Act (Mont. Code Ann. § 61-4-501), the Department of Justice arbitration, the Consumer Protection Act (§ 30-14-133), and Magnuson-Moss.

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Vehicle Types Under the Montana Lemon Law

How Montana's lemon law applies across vehicle types — used, leased, EV, motorcycles, RVs, and commercial — under the 15,000-lb truck cap, the motorcycle exclusion, and the personal-use rule.

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