Title 61, Title 61

A registered dealer, broker, auto auction, or wholesaler who sells or disposes of the dealer's, broker's, auto auction's, or wholesaler's entire business to another person or seeks to change the applicant's name, ownership interest in the business, corporate officer or managing m…

(1) When the department has reasonable cause to believe, from information furnished to it or from an investigation made by it, that a person is engaged in any business regulated by this part without being licensed as required or if a dealer licensed under this part is conducting …

(1) This part does not require licensure of, or restrict or prohibit a financial institution, as defined in 32-6-103: (a) in the selling of collateral repossessed on default of a loan made by the financial institution; (b) in the conduct of a motor vehicle sales promotion in affi…

(1) The privileges of a dealer licensed under the provisions of this part to use and display a set of dealer plates or a demonstrator plate on a motor vehicle or trailer held for sale by the dealer, to use and display an identification card on a power sports vehicle held for sale…

(1) (a) If a dealer accepts a motor vehicle in trade or purchase from a customer and there is an outstanding loan balance owing on the traded or purchased motor vehicle, the dealer shall remit payment to the secured party to whom the balance on the traded or purchased motor vehic…

(1) Except as provided in 61-4-124(6), a dealer or wholesaler who intends to resell a used motor vehicle, power sports vehicle, or trailer and who operates the motor vehicle, power sports vehicle, or trailer only for demonstration purposes: (a) is exempt from registration under 2…

(1) When a dealer transfers a new motor vehicle, power sports vehicle, or trailer to a purchaser or other recipient, the dealer shall, within 30 calendar days following the date of delivery of the new motor vehicle, power sports vehicle, or trailer forward to an authorized agent …

(1) Any firm, person, corporation, or association or any of its employees offering for sale or carrying on the business of selling new motor vehicles in the state of Montana is required to prominently label any motor vehicle that has been driven under its own power, pushed, towed…

A person violating a provision of 61-4-111 or 61-4-112 is guilty of a misdemeanor and subject to a fine of not less than $250 and not more than $500. Every violation of 61-4-111 and 61-4-112 is considered a separate offense.

(1) (a) An auto auction may not sell used motor vehicles by retail sale. (b) An auto auction licensed under this part may auction a new motor vehicle only if the auto auction is authorized by a new motor vehicle manufacturer, importer, distributor, or representative, for the purp…

(1) If the dealer is an authorized agent, the dealer may not issue more than one temporary registration permit under 61-4-111 or 61-4-112 for each motor vehicle sale. (2) A dealer who violates the provisions of subsection (1) is subject to revocation of the privilege to issue tem…

(1) The department may designate and train civilian employees as compliance specialists within the motor vehicle division. Each compliance specialist is a peace officer whose jurisdiction is limited to enforcement of violations of Title 61, chapter 3, parts 1, 2, 3, 4, and 6, and…

(1) A used dealer may not sell a new motor vehicle, a new power sports vehicle, or a new trailer. (2) A dealer may not display at the dealer's established place of business or any approved off-premises sale location a motor vehicle offered for sale, trade, or consignment unless t…

(1) On or before the 15th day of the month prior to the dealer license expiration month, a dealer shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar yea…

(1) The retail sale of used vehicles by a wholesaler is prohibited. (2) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102. However, a wholesaler may be issued demonstrator plates, as provided in 61-4-129, for use on any type of motor vehicle or trailer t…

(1) A person who suffers loss or damage because of the unlawful conduct of a dealer, broker, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, broker, wholesaler, or …

(1) A broker may not display a motor vehicle, power sports vehicle, or trailer at the broker's established place of business. (2) A broker shall install and maintain telephone service at the broker's established place of business. The telephone service must be listed in the direc…

(1) (a) Dealer, demonstrator, loaner, and courtesy license plates authorized under this part must be designed by the department in a manner that is similar to standard license plates furnished under 61-3-332, but the word "dealer", "demonstrator", "loaner", or "courtesy" must be …

(1) (a) A dealer or wholesaler may purchase demonstrator plates at a fee of $5 a plate. (b) Demonstrator plates may not be issued to a new or used dealer whose business is restricted to the sale of power sports vehicles. (2) (a) Except as provided in subsection (2)(c), demonstrat…

(1) Upon application and payment of an annual fee of $150 a set, the department may issue up to two sets of courtesy plates to a dealer. (2) Courtesy license plates may be displayed only on a motor vehicle that the dealer loans, without charge or fee, exclusively for religious, c…

As used in this part, the following definitions apply: (1) "Broker" means a person: (a) who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, o…

(1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacit…

(1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, t…

(1) Any designated family member who receives notice of the manufacturer's, factory branch's, distributor's, or importer's refusal to honor the family member's succession to the ownership and operation of the dealership may, within the 90-day period, file a written complaint with…

Sections 61-4-132 through 61-4-137 do not preclude a new dealer from designating any person as the new dealer's successor by written instrument filed with the manufacturer, factory branch, distributor, or importer.

Any person violating the provisions of 61-4-132 through 61-4-137 shall upon conviction be fined no more than $5,000.

Any new dealer suffering pecuniary loss because of a violation of 61-4-132 through 61-4-136, upon prevailing in a civil action for a violation, is entitled to damages equal to three times the pecuniary loss, together with court costs and reasonable attorney fees.

(1) Except as provided in 61-4-123, a person may not display or park a motor vehicle offered or posted for sale on real property in which the person does not have a legal interest if the primary purpose of displaying or parking the vehicle on the property is to promote or effect …

(1) A manufacturer of new motor vehicles, a factory branch, a distributor, a distributor branch, an importer, a field representative, an officer, an agent, or any representative of the persons or entities listed in this subsection may not unreasonably withhold consent to the sale…

As used in this part, the following definitions apply unless the context clearly indicates otherwise: (1) "Community" means the relevant market area of a franchise. For the purposes of this part, the relevant market area of a franchise is the county or counties in which the franc…

(1) A new motor vehicle dealer, manufacturer, distributor, factory branch, distributor branch, importer, or franchisor may not engage in business in Montana except in accordance with the requirements of this part. The provisions of this part do not apply to a public officer engag…

The department shall supervise and regulate all persons required by this part to be licensed. In the supervision and regulation thereof the department may: (1) make investigations it considers necessary; and (2) conduct hearings and compel attendance of witnesses at the hearings …

(1) A franchisee shall, at the time of application for a new motor vehicle dealer license under the provisions of 61-4-101, file with the department a certified copy of the franchisee's written agreement with a manufacturer and a certificate of appointment as dealer or distributo…

(1) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, a franchisor may not cancel, terminate, or refuse to continue a franchise unless the franchisor has cause for termination or noncontinuance. (2) A franchisor may not enter into a franchise for…

(1) (a) Except as provided in subsection (1)(b), a person who receives or is entitled to receive a copy of a notice provided for in 61-4-205(4) may object to the approval of the proposed action by filing a written objection with the department within 15 days from the date the not…

(1) In determining whether good cause has been established for terminating or not continuing a franchise, the department shall take into consideration all the existing circumstances, including but not limited to: (a) the franchisee's sales in relation to the Montana market that a…

(1) A manufacturer, a factory branch, a distributor, a distributor branch, an importer, a field representative, an officer, an agent, or any representative of the persons or entities listed may not: (a) coerce, attempt to coerce, or require a new motor vehicle dealer or transfere…

When the department has reasonable cause to believe, from information furnished to or from an investigation made by it, that any person is engaged in any business regulated by this part without being licensed as required, it shall immediately issue and serve upon the person, by c…

(1) Except as provided in subsection (2), a person who violates any provision of this part is guilty of a misdemeanor and upon conviction shall be fined not less than $500 or more than $1,000 for each violation. Each day that a violation continues or occurs constitutes a separate…

(1) Except as provided in subsection (2), a franchisor is required: (a) to disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the new motor vehicle dealer if the damage is known to the franchisor and repaired, the damage occurred after th…

(1) (a) If a motor vehicle franchisor requires or permits motor vehicle franchisees to perform labor or provide parts in satisfaction of a warranty issued by the franchisor: (i) the motor vehicle franchisor shall reimburse the motor vehicle franchisee for the labor as rendered, u…

(1) All disputes between a manufacturer, person, or entity described in 61-4-208(1) and a new motor vehicle dealer or transferee of a new motor vehicle dealer alleged to be in violation of any provision of Montana law, including but not limited to 30-11-701 through 30-11-713, 30-…

(1) A new motor vehicle dealer or transferee of a new motor vehicle dealer who is directly and adversely affected by the action or conduct of a manufacturer, person, or entity described in 61-4-208(1) that is alleged to be in violation of any provision of Montana law, including b…

(1) The following entities have standing to seek redress for violations of Title 30, chapters 11 and 14, part 25, of this chapter, or of any other provision of Montana law relating to or affecting the relationship between a manufacturer, person, or entity described in 61-4-208(1)…

(1) As used in 61-4-221 through 61-4-223, "manufacturer's representative" means a resident of Montana who is an employee of a motor vehicle manufacturer licensed under the provisions of 61-4-202 and whose responsibility includes coordinating and promoting sales efforts with the m…

(1) Upon making the application required under 61-4-221, the manufacturer shall pay to the department a fee of $250, which entitles the manufacturer to one set of license plates, and an additional fee of $20 for each additional set of license plates. The manufacturer may receive …