Lemon Law Demand Letter — Montana

MONTANA NEW MOTOR VEHICLE WARRANTY DEMAND

WRITTEN NOTICE UNDER MCA § 61-4-502

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

Date: [DATE]

TO: [MANUFACTURER'S FULL LEGAL NAME]
ATTN: Customer Relations / Legal Department / Lemon Law Administrator
[NOTICE ADDRESS IDENTIFIED IN WARRANTY OR OWNER'S MANUAL]
[CITY, STATE ZIP]

COPY TO: [AUTHORIZED DEALER NAME]
ATTN: General Manager / Service Director
[DEALER ADDRESS]
[CITY, STATE ZIP]

Consumer: [________________________________]
Vehicle: [YEAR / MAKE / MODEL / TRIM]
VIN: [________________________________]
Purchase or lease date: [DATE]
Original-delivery date: [DATE]
Current odometer: [________] miles
Same-defect repair attempts: [________]
Business days out of service after notification: [________]

Dear Sir or Madam:

This firm represents [CONSUMER] concerning the above Vehicle. This letter gives [MANUFACTURER] written notification under MCA § 61-4-502 that the Vehicle does not conform to the applicable express warranties. It also provides an opportunity to cure before the Consumer relies on the presumption in § 61-4-504.

The continuing nonconformity is [DESCRIBE DEFECT, SYMPTOMS, AND EFFECT PRECISELY]. It substantially impairs the Vehicle's [USE AND MARKET VALUE / SAFETY]. The Consumer requests the replacement required by § 61-4-503(1), unless the Manufacturer elects the statutory refund alternative in § 61-4-503(2).

1. COVERAGE AND WARRANTY PERIOD

The Consumer is the [PURCHASER / LESSEE / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of a passenger motor vehicle used for personal, family, or household purposes and not acquired for resale or lease. The Vehicle was not brought into nonconformity by abuse, neglect, or unauthorized modification or alteration. MCA §§ 61-4-501(2), 61-4-506(3).

The Vehicle was sold or registered in Montana and is designed primarily to transport persons or property on public highways. It is not a truck with a gross vehicle weight rating of 15,000 pounds or more. If it is a motor home, this demand concerns only the nonresidential portion. MCA § 61-4-501(5).

The statutory warranty period ends on the earlier of two years after original delivery or the first 18,000 miles of operation. MCA § 61-4-501(7). Written notice during that period preserves the warrantor's repair obligation even if the necessary repairs occur later. MCA § 61-4-502(1).

2. NONCONFORMITY AND REPAIR HISTORY

Continuing nonconformity

• Defect or condition: [DETAILS]
• First manifestation: [DATE] at [MILES] miles
• Effect on use and market value or safety: [DETAILS]
• Current symptoms: [DETAILS]
• Supporting photographs, recordings, or diagnostic material: [DETAILS]

Repairs

3. REASONABLE-NUMBER PRESUMPTION

Select each supported route under MCA § 61-4-504:

• ☐ Four same-nonconformity repairs. During the warranty period, the same nonconformity was subject to repair four or more times by the Manufacturer, its agent, or an authorized dealer and continues to exist.
• ☐ Thirty business days. During the warranty period and after notification of the Manufacturer, its agent, or the dealer, the Vehicle was out of service because of nonconformity for at least 30 cumulative business days.
• ☐ Reasonable attempts without presumption. The following facts independently show a reasonable number of unsuccessful attempts: [DETAILS].

This letter supplies the prior written notice and opportunity to cure required before the statutory presumption may apply against the Manufacturer. MCA § 61-4-502(2). Montana's statute does not prescribe a fixed number of days for that cure opportunity.

4. REQUIRED REMEDY

Replacement — MCA § 61-4-503(1)

After a reasonable number of unsuccessful attempts, the Manufacturer must replace the Vehicle with a new motor vehicle of the same model and style and equal value. If that replacement is impossible because of lack of availability, the replacement must be a motor vehicle of comparable market value.

The Consumer requests replacement with [IDENTIFY REQUESTED VEHICLE OR COMPARABLE MARKET VALUE]. Section 61-4-503(1) does not separately award collateral charges, registration charges, or title charges for a replacement; do not add those items without an independent legal basis.

Manufacturer's refund alternative — MCA § 61-4-503(2)

The Manufacturer may instead accept return and refund the full purchase price, plus reasonable collateral charges and incidental damages, less the reasonable allowance for use.

Although § 61-4-501(2) includes qualifying lessees as consumers, § 61-4-503(2) states the refund as the “full purchase price.” A lease demand requires Montana counsel to identify the correct transaction-specific amount and allocation; do not substitute total lease payments without authority.

The use allowance is:

Total contract price × (miles traveled before the Manufacturer accepts return ÷ 100,000)

The allowance is limited to use attributable to consumers before the first written notice and during later periods when the Vehicle was not out of service because of nonconformity. MCA § 61-4-501(6).

Any refund must be paid to the Consumer and any lienholder in proportion to their interests. Paying the lienholder is an allocation of the refund, not an additional recovery. MCA § 61-4-503(2).

5. INFORMAL PROCEDURE OR STATE ARBITRATION

Select and complete the applicable route:

• ☐ Certified manufacturer procedure. The Manufacturer has a department-certified informal dispute settlement procedure substantially complying with 16 C.F.R. Part 703. The Consumer will first resort to that procedure as § 61-4-507 requires before invoking § 61-4-503 against the Manufacturer. Please provide the current procedure, certification, filing instructions, and governing rules immediately.
• ☐ No certified manufacturer procedure. The Manufacturer has no department-certified procedure meeting § 61-4-507. A consumer may initiate department arbitration under §§ 61-4-515 and 61-4-517. Section 61-4-515(2) limits that ordinary state-arbitration route to a manufacturer that has not established a procedure certified under § 61-4-511.
• ☐ Nonconforming manufacturer procedure. The Consumer was injured by a manufacturer procedure that did not conform to § 61-4-511 and 16 C.F.R. Part 703 and may request department arbitration de novo under § 61-4-520.

A certified manufacturer procedure may not delay a decision beyond 60 days after initial resort or delay an awarded replacement or refund beyond 30 days after decision. MCA § 61-4-511(2)(a)-(b). A department arbitrator likewise must decide no later than 60 days after the department accepts the complaint and may award repair, replacement, the § 61-4-503(2) refund, other warranty remedies, and prevailing-party expenses and costs. MCA § 61-4-519.

6. INDIVIDUAL CONSUMER-PROTECTION REMEDIES

A violation of MCA Title 61, chapter 4, part 5 is an unfair or deceptive trade practice under § 61-4-533. A qualifying individual consumer action under § 30-14-133 may recover the greater of ascertainable loss or $500, may receive necessary or proper equitable relief, and—when actual damages do not exceed $100,000—may receive a discretionary award up to three times the ascertainable loss. Punitive damages are unavailable.

Attorney fees under § 30-14-133(3) are discretionary and two-way, are capped at $250 an hour, and may not be awarded if the consumer recovers at least $100,000 in actual damages. Section 61-4-533's reference to § 30-14-224(1) does not itself create a private attorney-fee award.

An individual action under § 30-14-133 must be brought within the two-year period described in § 27-2-211. Counsel must determine the accrual date and file timely; sending this letter does not extend the deadline.

7. DEMAND AND RESPONSE

The Consumer demands that the Manufacturer:

1. Confirm receipt of this statutory written notice;
2. Arrange a prompt, reasonable opportunity to inspect and cure the continuing nonconformity;
3. If the nonconformity is not cured after a reasonable number of attempts, provide the replacement required by § 61-4-503(1) or elect and calculate the refund alternative under § 61-4-503(2);
4. Identify any department-certified manufacturer procedure and provide its current rules, certification, and submission instructions; and
5. Preserve the Vehicle and relevant repair, warranty, communications, technical, and electronically stored records while this dispute is pending.

Please respond in writing by [DATE]. That requested response date is part of this demand and is not a statutory cure period or extension of any filing deadline.

8. DOCUMENTS ENCLOSED

• ☐ Purchase or lease agreement and original-delivery documents
• ☐ Registration, title, total-contract-price, and lien records
• ☐ Applicable express warranties and owner's manual
• ☐ Repair orders and business-day calculation
• ☐ Prior written notices and delivery proof
• ☐ Photographs, recordings, diagnostic material, and expert material
• ☐ Governmental-charge and incidental-damage records
• ☐ Manufacturer-procedure or department-arbitration record, if any

Respectfully submitted,

[ATTORNEY NAME], Montana Bar No. [NUMBER]
[FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [CONSUMER]

9. SOURCES AND REFERENCES

• Montana Legislature — MCA § 61-4-501
• Montana Legislature — MCA § 61-4-502
• Montana Legislature — MCA § 61-4-503
• Montana Legislature — MCA § 61-4-504
• Montana Legislature — MCA §§ 61-4-505 through 61-4-507
• Montana Legislature — MCA §§ 61-4-511, 61-4-515, 61-4-517 through 61-4-520
• Montana Legislature — MCA §§ 61-4-531 and 61-4-533
• Montana Legislature — MCA § 30-2-715
• Montana Legislature — MCA §§ 30-14-103 and 30-14-133
• Montana Legislature — MCA § 27-2-211