reglab/housing_qa huggingface dataset:
MT Code § 61-4-310 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 3. Transportation of Vehicles|61-4-310. Single movement permit -- fee -- limitation -- county treasurer to issue

  61-4-310. Single movement permit -- fee -- limitation -- county treasurer to issue. (1) A vehicle subject to registration under chapter 3 may be moved unladen upon the highways of this state from a point within the state to a point of destination. The county treasurer at the point of the origin of the movement shall issue a special permit for the vehicle in lieu of fees required under 61-3-321 and part 2 of chapter 10 of this title upon application presented to the county treasurer in a form provided by the department, upon exhibiting to the county treasurer proof of ownership and evidence that the personal property taxes or fees in lieu of property tax on the vehicle, if any are due, have been paid, and upon payment of a fee of $5. The fee must be forwarded to the department of revenue for deposit in the state general fund. The permit is not in lieu of fees and permits required under 61-4-301 and 61-4-302.   (2) The permit is for the transit of the vehicle only, and the vehicle may not at the time of the transit be used for the transportation of any persons, except the driver, or any property for compensation or otherwise and is for one transit only between the points of origin and destination as set forth in the application and shown on the permit.   (3) A junk vehicle being driven or towed to a motor vehicle wrecking facility or a motor vehicle graveyard for disposal is exempt from the provisions of this section. The definitions in 75-10-501 apply to this subsection.   (4) A manufactured home, mobile home, or housetrailer may be moved unladen upon the highways of this state from a point within the state to a point of destination only if a tax-paid receipt authorizing the move has been issued under 15-24-206.   History: En. Sec. 1, Ch. 182, L. 1955; amd. Sec. 1, Ch. 126, L. 1965; amd. Sec. 2, Ch. 18, L. 1974; R.C.M. 1947, 53-119.1(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 79, L. 1993; amd. Sec. 249, Ch. 42, L. 1997; amd. Sec. 21, Ch. 13, Sp. L. August 2002; amd. Sec. 109, Ch. 596, L. 2005.
MT Code § 61-4-311 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 3. Transportation of Vehicles|61-4-311. Repealed

  61-4-311. Repealed. Sec. 34, Ch. 13, Sp. L. August 2002.   History: En. Sec. 2, Ch. 182, L. 1955; R.C.M. 1947, 53-119.2.
MT Code § 61-4-401 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-401. Declaration of policy

  61-4-401. Declaration of policy. It is hereby declared to be the policy of this state that free and unrestrained competition shall prevail in the business of financing the purchase or sale of motor vehicles.   History: En. Sec. 1, Ch. 144, L. 1937; R.C.M. 1947, 51-201.
MT Code § 61-4-402 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-402. Definitions

  61-4-402. Definitions. (1) "Finance company" or "finance agency" means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of sale or engaged in the business of purchasing or acquiring promissory notes or any other form or evidences of indebtedness of sale, either secured by vendor's lien, conditional bill of sale, chattel mortgage, or leases arising out of the sale of motor vehicles in this state.   (2) The term "manufacturer" means a person, firm, corporation, partnership, or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles.   (3) The term "motor vehicle", as used in this part, includes a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801.   (4) The terms "sell", "sold", "buy", and "purchase", as used in this part, include exchange, barter, gift, and offer or contract to sell or buy.   (5) The term "wholesale distributor" means a person, firm, association, corporation, or other organization engaged directly or indirectly in the sale or distribution of motor vehicles to agents or to dealers.   History: En. Sec. 2, Ch. 144, L. 1937; R.C.M. 1947, 51-202(b) thru (d), (f); amd. Sec. 9, Ch. 384, L. 1999.
MT Code § 61-4-403 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-403. Certain financing agreements prohibited

  61-4-403. Certain financing agreements prohibited. It is unlawful for any manufacturer or wholesale distributor of motor vehicles to sell or enter into a contract for the sale of motor vehicles to any motor vehicle dealer on the condition or under an agreement, expressed or implied, that the dealer will finance the purchase or sale of any motor vehicle or vehicles only through a designated finance company or finance agency. Any such condition, agreement, or understanding is against the public policy of the state, and such condition, agreement, or understanding is unlawful, void, and unenforceable, either at law or equity.   History: En. Sec. 3, Ch. 144, L. 1937; R.C.M. 1947, 51-203; amd. Sec. 52, Ch. 421, L. 1979.
MT Code § 61-4-404 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-404. Threats prima facie evidence

  61-4-404. Threats prima facie evidence. Any threat, expressed or implied, made directly or indirectly to any dealer by any manufacturer or by any person who is engaged in the business of financing the purchase or sale of motor vehicles and is affiliated with or controlled by any manufacturer that the manufacturer will cease to sell or will terminate or refuse to enter into a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of any motor vehicles only with or through a designated person is presumed to be made at the direction of and with the authority of the manufacturer. The threat is prima facie evidence of the fact that the manufacturer has sold or intends to sell the motor vehicles on the condition or under the agreement prohibited by the provisions of this part.   History: En. Sec. 4, Ch. 144, L. 1937; R.C.M. 1947, 51-204; amd. Sec. 179, Ch. 542, L. 2005.
MT Code § 61-4-405 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-405. Penalty

  61-4-405. Penalty. Any person who shall violate any of the provisions of this part and any employee, agent, or officer of any such person who shall participate in any manner in making, enforcing, or performing or in aiding or abetting in the performance of any such contract, condition, agreement, or understanding shall be deemed guilty of a crime and upon conviction thereof shall be punished for each offense by a fine of not more than $5,000 or by imprisonment in the penitentiary for not more than 5 years or in the county jail for not more than 1 year or by both such fine and imprisonment.   History: En. Sec. 5, Ch. 144, L. 1937; R.C.M. 1947, 51-205.
MT Code § 61-4-406 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 4. Monopolies in Financing Sale of Motor Vehicles|61-4-406. Suit for injury to business or property

  61-4-406. Suit for injury to business or property. In addition to the criminal and civil penalties provided in this part, any person who is injured in the person's business or property by any other person or corporation or association or partnership by reason of anything forbidden or declared to be unlawful by this part may sue for damages in any court having jurisdiction in the county where the defendant resides or is found or any agent resides or is found or where service may be obtained, without respect to the amount in controversy, and recover twice the amount of damages sustained and the costs of suit. Whenever it appears to the court before which any proceedings under this part may be pending that the ends of justice require that other parties must be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where the action is pending.   History: En. Sec. 6, Ch. 144, L. 1937; R.C.M. 1947, 51-206; amd. Sec. 1943, Ch. 56, L. 2009.
MT Code § 61-4-501 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-501. Definitions

  61-4-501. Definitions. For purposes of this part, the following definitions apply:   (1) "Collateral charge" means all governmental charges, including but not limited to sales tax, property tax, license and registration fees, and fees in lieu of tax.   (2) "Consumer" means the purchaser or lessee, other than for purposes of resale or lease, of a passenger motor vehicle used for personal, family, or household purposes that has not been brought into nonconformity as the result of abuse, neglect, or unauthorized modifications or alterations. The term includes any person to whom the passenger motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the passenger motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.   (3) "Incidental damage" means incidental and consequential damage as defined in 30-2-715.   (4) "Manufacturer" has the meaning applied to that word in 61-4-201.   (5) (a) "Motor vehicle" means a vehicle, including the nonresidential portion of a motor home, propelled by its own power, designed primarily to transport persons or property upon the public highways, and sold or registered in this state.   (b) The term does not include:   (i) a truck with 15,000 pounds or more gross vehicle weight rating; or   (ii) components, systems, fixtures, appliances, furnishings, accessories, and features that are designed, used, and maintained primarily for residential purposes.   (6) "Reasonable allowance for use" is an amount directly attributable to use of the motor vehicle by the consumer and any previous consumers prior to the first written notice of the nonconformity to the manufacturer or its agent and during any subsequent period when the motor vehicle is not out of service because of nonconformity. The reasonable allowance for use must be computed by multiplying the total contract price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the motor vehicle traveled prior to the manufacturer's acceptance of its return.   (7) "Warranty period" means the period ending 2 years after the date of the original delivery to the consumer of a new motor vehicle or during the first 18,000 miles of operation, whichever is earlier.   History: En. Sec. 1, Ch. 144, L. 1983; amd. Sec. 1, Ch. 744, L. 1985; amd. Sec. 2, Ch. 300, L. 1991; amd. Sec. 1, Ch. 360, L. 2003; amd. Sec. 180, Ch. 542, L. 2005; amd. Sec. 1, Ch. 84, L. 2007.
MT Code § 61-4-502 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-502. Notice -- warranty enforceable after warranty period -- when

  61-4-502. Notice -- warranty enforceable after warranty period -- when. (1) If a consumer notifies in writing the manufacturer or its agent during the warranty period that a new motor vehicle does not conform to all applicable express warranties, the repairs necessary to conform the new motor vehicle to the express warranties shall be made by or at the expense of the warrantor, regardless of the expiration of the warranty period after notification of nonconformity is given by the consumer.   (2) The warranty period of an express warranty is extended to equal the time that repair services are not available because of war or invasion or because of strike or fire, flood, or other natural disaster. The presumption provided herein may not apply against a manufacturer who has not received prior written notification from or on behalf of the consumer and has not had an opportunity to cure the alleged defect.   (3) The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owner's manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle. The manufacturer must include with the warranty or owner's manual the name and address where the written notification must be sent.   History: (1)En. Sec. 2, Ch. 144, L. 1983; (2)En. Sec. 5, Ch. 144, L. 1983; amd. Sec. 2, Ch. 744, L. 1985.
MT Code § 61-4-503 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-503. 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.
MT Code § 61-4-504 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-504. Reasonable number of attempts -- presumption

  61-4-504. Reasonable number of attempts -- presumption. A reasonable number of attempts to conform a new motor vehicle to the applicable express warranties is presumed to have been made for purposes of 61-4-503(1) if:   (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agent or authorized dealer during the warranty period but the nonconformity continues to exist; or   (2) the motor vehicle is out of service because of nonconformity for a cumulative total of 30 or more business days during the warranty period after notification of the manufacturer, agent, or dealer.   History: En. Sec. 4, Ch. 144, L. 1983; amd. Sec. 182, Ch. 542, L. 2005.
MT Code § 61-4-505 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-505. Dealer exemption -- liability to manufacturer

  61-4-505. Dealer exemption -- liability to manufacturer. (1) This part does not impose any liability on a dealer or create a cause of action by a consumer against a dealer under 61-4-503.   (2) A dealer is not liable to a manufacturer for any refunds or motor vehicle replacements in the absence of evidence indicating that repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.   History: En. Sec. 8, Ch. 144, L. 1983; amd. Sec. 4, Ch. 744, L. 1985; amd. Sec. 183, Ch. 542, L. 2005.
MT Code § 61-4-506 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses

  61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses. (1) The provisions of this part do not limit the rights or remedies available to a consumer under any other law.   (2) All express warranties arising from the sale of a new motor vehicle are subject to the provisions of Title 30, chapter 2, part 3.   (3) It is an affirmative defense to a claim brought under this part that an alleged nonconformity does not substantially impair the use, market value, or safety of the motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modification or alteration of a motor vehicle by the consumer.   History: En. Sec. 6, Ch. 144, L. 1983; amd. Sec. 5, Ch. 744, L. 1985; amd. Sec. 184, Ch. 542, L. 2005.
MT Code § 61-4-507 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-507. Exhaustion of remedies under federal law

  61-4-507. Exhaustion of remedies under federal law. The provisions of 61-4-503 are not applicable against a manufacturer who has established an informal dispute settlement procedure certified by the department to be in substantial compliance with the provisions of Title 16, Code of Federal Regulations, part 703, unless the consumer has first resorted to that procedure without satisfaction.   History: En. Sec. 7, Ch. 144, L. 1983; amd. Sec. 6, Ch. 744, L. 1985; amd. Sec. 195, Ch. 483, L. 2001; amd. Sec. 16, Ch. 280, L. 2005.
MT Code § 61-4-508 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-508. through 61-4-510 reserved

  61-4-508 through 61-4-510 reserved.
MT Code § 61-4-511 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents

  61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents. (1) A manufacturer who has established an informal dispute settlement procedure under the provisions of Title 16, Code of Federal Regulations, part 703, shall submit a copy of the procedure to the department. The department shall issue a certificate of approval to a manufacturer whose procedure complies in all respects with the federal regulations and subsection (2) and shall maintain a record of the manufacturer's procedures certified. The department may issue subpoenas requiring the attendance of witnesses and the production of records, documents, or other evidence necessary to the department in an investigation related to the certification of a manufacturer's informal dispute settlement procedure.   (2) A manufacturer's informal dispute settlement procedure must afford the consumer or the consumer's representative an opportunity to appear and present evidence in Montana at a location reasonably convenient to the consumer and, further, may not include any practices that:   (a) delay a decision in any dispute beyond 60 days after the date on which the consumer initially resorts to the dispute settlement procedure;   (b) delay performance of remedies awarded in a settlement beyond 10 days after a decision, except that a manufacturer may have 30 days following the date of decision to replace a motor vehicle or make refund to the consumer as provided in 61-4-503;   (c) require the consumer to make the motor vehicle available for inspection by a manufacturer's representative more than once;   (d) fail to consider in decisions any remedies provided by this part; or   (e) require the consumer to take any action or assume any obligation not specifically authorized under the federal regulations referred to in subsection (1).   History: En. Sec. 7, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 196, Ch. 483, L. 2001; amd. Sec. 17, Ch. 280, L. 2005; amd. Sec. 185, Ch. 542, L. 2005.
MT Code § 61-4-512 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-512. Annual audit -- revocation or suspension of certification

  61-4-512. Annual audit -- revocation or suspension of certification. (1) A manufacturer establishing an informal dispute resolution procedure shall file with the department a copy of the annual audit required under Title 16, Code of Federal Regulations, part 703, along with any additional information that the department may require, including the number of refunds and replacements made by the manufacturer during the period audited.   (2) The department may, after notice and hearing as provided in Title 2, chapter 4, suspend or revoke the certification of a manufacturer's informal dispute resolution procedure upon a finding that the procedure is being used to create hardship to consumers. The department may consider the revocation or suspension in licensing manufacturers under Title 61, chapter 4, part 2.   History: En. Sec. 8, Ch. 744, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 197, Ch. 483, L. 2001; amd. Sec. 18, Ch. 280, L. 2005.
MT Code § 61-4-513 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-513. and 61-4-514 reserved

  61-4-513 and 61-4-514 reserved.
MT Code § 61-4-515 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-515. Arbitration procedure

  61-4-515. Arbitration procedure. (1) The department shall provide an independent forum and arbitration procedure for the settlement of disputes between consumers and manufacturers of motor vehicles that do not conform to all applicable warranties under the provisions of this part. The procedure must conform to Title 27, chapter 5. All arbitration must take place in Montana at a place reasonably convenient to the consumer.   (2) Except as provided in 61-4-520, a consumer owning a motor vehicle that fails to conform to all applicable warranties may bring a grievance before an arbitrator only if the manufacturer of the motor vehicle has not established an informal dispute settlement procedure that has been certified by the department under 61-4-511.   History: En. Sec. 10, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985; amd. Sec. 198, Ch. 483, L. 2001; amd. Sec. 70, Ch. 130, L. 2005; amd. Sec. 19, Ch. 280, L. 2005.
MT Code § 61-4-516 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 5. New Motor Vehicle Warranties -- Remedies|61-4-516. Selection of arbitrator

  61-4-516. Selection of arbitrator. An arbitrator for a grievance under this part must be chosen by the department. The department shall maintain a list of persons willing to serve as an arbitrator.   History: En. Sec. 11, Ch. 744, L. 1985; amd. Sec. 199, Ch. 483, L. 2001; amd. Sec. 2, Ch. 360, L. 2003; amd. Sec. 20, Ch. 280, L. 2005.