Montana Code Annotated

Mont. Code Ann. § 61-4-503 (2026)

Replacement For Nonconformity To Warranty

✓ current as of May 2026
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TITLE 61. MOTOR VEHICLES

CHAPTER 4. SALES AND DISTRIBUTION OF MOTOR VEHICLES

Part 5. New Motor Vehicle Warranties -- Remedies

Replacement For Nonconformity To Warranty

61-4-503. Replacement for nonconformity to warranty. (1) If after a reasonable number of attempts the manufacturer or its agent or authorized dealer is unable, during the warranty period, to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value or safety of the motor vehicle to the consumer, the manufacturer shall replace it with a new motor vehicle of the same model and style and of equal value, unless for reasons of lack of availability replacement is impossible, in which case the manufacturer shall replace it with a motor vehicle of comparable market value.

(2) As an alternative to replacement, the manufacturer may accept return of the new motor vehicle from the consumer upon refund to the consumer of the full purchase price, plus reasonable collateral charges and incidental damages, less a reasonable allowance for the consumer's use of the motor vehicle. The refund must be paid to the consumer and to a lienholder, if any, in proportion to their interests.

History: En. Sec. 3, Ch. 144, L. 1983; amd. Sec. 3, Ch. 744, L. 1985; amd. Sec. 181, Ch. 542, L. 2005.

Notes of Decisions
Cited in 2 cases, 1986–2009 · leading case: Vader v. Fleetwood Enter., Inc., 2009 MT 6, 201 P.3d 139.
Vader v. Fleetwood Enter., Inc., 2009 MT 6, 201 P.3d 139. · cites it 11× “See § 61-4-503, MCA. *348 ¶9 A jury trial was held on these claims on February 5-8, 2007.”
Brooks v. Ford Motor Co., 41 Pa. D. & C.3d 189 (1986). “§325 F 665 (West 1984); Montana- Mont. Code Ann. §61-4-503 (1983); Nebraska- Neb.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.