LEMON LAW DEMAND LETTER

STATE OF MONTANA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: MONTANA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Montana Lemon Law, Mont. Code Ann. Section 61-4-501 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. MONTANA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Montana Lemon Law, Mont. Code Ann. Section 61-4-501 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Mont. Code Ann. Section 61-4-501(4), a "motor vehicle" means:
- A new motor vehicle purchased or leased in Montana
- Self-propelled vehicles used primarily for personal, family, or household purposes
- Excludes: Motor homes and certain commercial vehicles

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Montana's Lemon Law.

C. Coverage Period

Montana's Lemon Law applies during:
- The term of the express warranty OR two (2) years or 18,000 miles following original delivery, whichever comes first. Mont. Code Ann. Section 61-4-503.

D. Presumption of Nonconformity

Under Mont. Code Ann. Section 61-4-513, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Serious Safety Defect: A nonconformity that is likely to cause death or serious bodily injury has been subject to repair one (1) or more times; OR

3. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Mont. Code Ann. Section 61-4-511, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one additional opportunity (not to exceed 14 days) to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required under Mont. Code Ann. Section 61-4-501(5):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Montana Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Montana law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under Mont. Code Ann. Section 61-4-513(1)(a).

[ ] Serious Safety Defect:
A serious safety defect has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under Mont. Code Ann. Section 61-4-513(1)(b).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-business-day threshold under Mont. Code Ann. Section 61-4-513(1)(c).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under Mont. Code Ann. Section 61-4-517, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a certified arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution.

[ ] [MANUFACTURER] does not have a certified arbitration program in Montana, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Mont. Code Ann. Section 61-4-503, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Mont. Code Ann. Section 61-4-503(1)(a), the manufacturer must refund:

The reasonable allowance for use under Montana law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator. Mont. Code Ann. Section 61-4-503(1)(a).

[ ] REPLACEMENT

Under Mont. Code Ann. Section 61-4-503(1)(b), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Mont. Code Ann. Section 61-4-519, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under Mont. Code Ann. Section 61-4-511. The manufacturer has fourteen (14) days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within seven (7) business days to schedule the final repair attempt. If the defect is not cured within the 14-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Montana court
[ ] Report this matter to the Montana Attorney General - Consumer Protection Office

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Montana law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Montana Attorney General - Consumer Protection Office

MONTANA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR MONTANA LEMON LAW CLAIMS

Pre-Filing Considerations

1. Serious Safety Defect: Montana provides enhanced protection for defects likely to cause death or serious injury, requiring only one repair attempt.

2. Business Days: Montana counts business days for the 30-day out-of-service threshold.

3. Longer Coverage: Montana provides 2 years or 18,000 miles, which is longer than some states.

Procedural Requirements

1. Arbitration First: If the manufacturer has an FTC-compliant arbitration program, the consumer must use it before filing suit.

2. 14-Day Cure Period: The manufacturer has 14 days to cure after receiving notice.

3. Montana Attorney General: Consider filing a complaint with the Consumer Protection Office.

Damages Calculation

1. Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under Mont. Code Ann. Section 61-4-519 to prevailing consumers.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney before use.