Replacement Vehicle Under the Montana Lemon Law
When a Montana lemon-law claim results in a comparable replacement vehicle — at the manufacturer's election under § 61-4-503.
A Montana claim can resolve with a comparable replacement vehicle instead of a refund. Under § 61-4-503, the statute calls for replacement, with the manufacturer permitted to refund instead — so the manufacturer elects which remedy.
What “comparable” means
A replacement vehicle should be:
- The same make and model (or substantially similar).
- Comparably equipped — trim, options, features.
- New and equivalent in value.
The manufacturer elects
Montana is a manufacturer-election state (§ 61-4-503) — the manufacturer chooses between replacement and refund. This contrasts with the consumer-election structures of New Hampshire and Rhode Island, and is closer to the manufacturer-option approach of New Mexico and Oklahoma.
When replacement works for you
- You like the model and want a non-defective one.
- A replacement avoids re-shopping and re-financing.
- The defect is a one-off build issue.
When a refund is better — but it’s the manufacturer’s call
- You’ve lost confidence in the model line.
- You’d prefer the refund (full price minus the 100,000-mile offset).
Because the manufacturer elects, a consumer who strongly prefers one outcome should make the case for it in arbitration — and can use the CPA leverage to negotiate.
Tax and registration
A proper replacement should not cost you a second round of registration or fees in lieu — these collateral charges are part of being made whole. (Montana has no sales tax.)
Bottom line
Replacement is one of two statutory outcomes under § 61-4-503, with the manufacturer electing. Either way, the CPA and Magnuson-Moss supply the damages and fees. Get a free case review.
Related
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Read → ArticleMontana CPA Damages in Lemon Law Cases
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Read → ArticleRefund (Buyback) Under the Montana Lemon Law
How a Montana lemon-law refund is calculated — full purchase price plus collateral charges (no sales tax), minus a use offset on a 100,000-mile basis.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.