Montana Code Annotated 2023



Part 5. New Motor Vehicle Warranties -- Remedies

Action By Arbitrator -- Decision

61-4-519. Action by arbitrator -- decision. (1) The arbitrator shall, as expeditiously as possible but not later than 60 days after the department has accepted a complaint, render a fair decision based on the information gathered and disclose the arbitrator's findings and reasoning to the parties.

(2) The decision must provide appropriate remedies, including but not limited to:

(a) repair of the motor vehicle;

(b) replacement of the motor vehicle with an identical motor vehicle or a comparable motor vehicle acceptable to the consumer;

(c) refund as provided in 61-4-503(2);

(d) any other remedies available under the applicable warranties or 15 U.S.C. 2301 through 2312, as in effect on October 1, 1983; or

(e) reimbursement of expenses and costs to the prevailing party.

(3) The decision must specify a date for performance and completion of all awarded remedies. The department shall contact the prevailing party within 10 working days after the date for performance to determine whether performance has occurred. The parties shall act in good faith in abiding by any decision. In addition, if the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5. If the court determines that the appellant has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the respondent costs and reasonable attorney fees.

History: En. Sec. 14, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985; amd. Sec. 202, Ch. 483, L. 2001; amd. Sec. 4, Ch. 360, L. 2003; amd. Sec. 23, Ch. 280, L. 2005; amd. Sec. 186, Ch. 542, L. 2005.