Montana's Repair-Attempt Presumption (4 Attempts / 30 Business Days)

Montana presumes a “reasonable number of attempts” under Mont. Code Ann. § 61-4-504 when one of two thresholds is met within the warranty period (2 years or 18,000 miles, whichever earlier) — after the consumer has given written notice of the nonconformity.

The two thresholds

Test	Threshold
Same nonconformity, repair attempts	4 or more (and it persists)
Cumulative business days out of service	30 or more

Either threshold, met within the warranty period, raises the presumption.

No one-attempt safety rule

Unlike Maine and Idaho (one attempt for a serious braking/steering failure) or Hawaii (one attempt for any serious safety defect), Montana has no reduced threshold for serious defects — every defect must reach 4 attempts or 30 business days. A safety defect still strengthens the overall case.

The written-notice prerequisite

Montana requires the manufacturer to clearly and conspicuously disclose that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement (§ 61-4-502(3)). Give the manufacturer written notice of the defect — and keep proof — before pursuing the remedy.

The 18,000-mile window

Because the warranty period ends at the earlier of two years or 18,000 miles, and Montana’s rural drivers rack up miles quickly, the presumption must be satisfied before the odometer reaches 18,000. Track both the calendar and the mileage closely. See statute of limitations.

What counts as a repair attempt

• Vehicle was at the manufacturer or an authorized dealer, documented by a repair order.
• The same nonconformity persists.
• “No problem found” visits count if the defect was reported.
• Independent-mechanic visits and routine maintenance don’t count.

The nonconformity must substantially impair the vehicle

Meeting a threshold isn’t enough on its own — the defect must substantially impair the use, market value, or safety of the vehicle. The manufacturer can rebut by showing the problem doesn’t rise to that level, or resulted from abuse, neglect, or unauthorized modification. Clean documentation defeats these.

Bottom line

Four same-defect repairs or 30 cumulative business days out of service — within the 2-year/18,000-mile warranty period, after written notice — raises Montana’s presumption. There’s no one-attempt safety shortcut, and the 18,000-mile cap closes fast for high-mileage drivers, so document carefully and act early.

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