Consumer Protection · Lemon Law
Lemon Law in Montana
How many repair attempts and days out of service before Montana presumes your vehicle is a lemon, and whether used cars are covered.
presumption trigger (same defect)
Do I meet the Montana lemon presumption?
Enter your repairs and downtime. This checks the presumption; it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in Montana
The prongs that shift the burden to the manufacturer.
Montana counts business days, not calendar days, for the 30-day out-of-service track. Weekends and holidays do not count, so 30 business days is a longer real-world stretch than the 30 calendar days used by most states.
Every state, Montana included, writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories Montana falls in.
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 4 |
| Serious-safety attempts | No separate safety count |
| Days out of service | 30 business days |
| Coverage window | 2 years from delivery or 18,000 miles, whichever comes first |
| Used cars | New vehicles only |
| Leased vehicles | Covered |
| Statute | Mont. Code §61-4-504 (presumption); §61-4-501 et seq. |
What Montana car buyers get wrong
Montana runs its lemon law through the Montana Department of Justice, and the day count is where it differs from most states. Under Mont. Code §61-4-504, the state presumes a "reasonable number of attempts" after the same defect has been repaired 4 or more times, or after the vehicle has been out of service for 30 or more business days. That word business matters: weekends and holidays are excluded, so 30 business days stretches across roughly six calendar weeks, longer than the flat 30 calendar days many states use. The warranty period is the earlier of 2 years from delivery or 18,000 miles. Before the presumption can be used, you must notify the manufacturer in writing and give it a chance to cure. As with every state, hitting these numbers shifts the burden to the manufacturer, it does not hand you an automatic win, and used cars sit outside the statute.
Common questions
How many repair attempts make a car a lemon in Montana?
Montana presumes a lemon after 4 or more repair attempts on the same defect, or after 30 or more business days out of service, within the warranty period. Meeting either number is a presumption that shifts the burden to the manufacturer, not an automatic win.
Does Montana count business days or calendar days for the 30-day rule?
Business days. Montana’s 30-day out-of-service track excludes weekends and holidays, so 30 business days covers about six calendar weeks. That is a longer real-world period than the 30 calendar days used in many other states.
What is the coverage window for the Montana lemon law?
The warranty period runs for the earlier of 2 years from the date of delivery or the first 18,000 miles of operation. Repair attempts and out-of-service days must fall within that window to build the presumption.
Does the Montana lemon law cover used cars?
No. Montana’s lemon law applies only to new vehicles, and the state has no separate used-car lemon law. Leased new vehicles are covered, because lessees are treated as consumers under the statute.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.