61-4-520. Nonconforming procedure -- arbitration de novo. A consumer injured by the operation of any procedure that does not conform with procedures established by a manufacturer pursuant to 61-4-511 and the provisions of Title 16, Code of Federal Regulations, part 703, may appeal any decision rendered as the result of the procedure by requesting arbitration de novo of the dispute by a department arbitrator. Filing procedures and fees for appeals must be the same as those required in 61-4-515 through 61-4-517. The findings of the manufacturer's informal dispute settlement procedure are admissible in evidence at the department's arbitration hearing and in any civil action arising out of any warranty obligation or matter related to the dispute.
History: En. Sec. 16, Ch. 744, L. 1985; amd. Sec. 203, Ch. 483, L. 2001; amd. Sec. 71, Ch. 130, L. 2005; amd. Sec. 24, Ch. 280, L. 2005.
Structure Montana Code Annotated
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
61-4-503. Replacement for nonconformity to warranty
61-4-504. Reasonable number of attempts -- presumption
61-4-505. Dealer exemption -- liability to manufacturer
61-4-506. Provisions nonexclusive -- applicability of U.C.C. -- defenses
61-4-507. Exhaustion of remedies under federal law
61-4-508. through 61-4-510 reserved
61-4-511. Manufacturer's dispute settlement procedure -- certification -- prohibited contents
61-4-512. Annual audit -- revocation or suspension of certification
61-4-513. and 61-4-514 reserved
61-4-515. Arbitration procedure
61-4-516. Selection of arbitrator
61-4-517. Implementation of arbitration
61-4-518. Arbitration -- role of department of justice -- expert
61-4-519. Action by arbitrator -- decision
61-4-520. Nonconforming procedure -- arbitration de novo
61-4-521. through 61-4-524 reserved
61-4-525. Notice on resale of replaced motor vehicle