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The Lemon Law in North Dakota

Which vehicles North Dakota's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.

Short answer: North Dakota's lemon law covers new passenger motor vehicles and trucks with a registered gross weight of 10,000 pounds or less, bought or leased mainly for personal, family or household use (motor homes are excluded). N.D. Cent. Code §§ 51-07-16 to 51-07-22

New car lemon lawNorth Dakota's lemon law covers new passenger motor vehicles and trucks with a registered gross weight of 10,000 pounds or less, bought or leased mainly for personal, family or household use (motor homes are excluded). If the consumer reports a defect during the express warranty or within one year of delivery, whichever ends first, the manufacturer must repair it. If a defect that substantially impairs the vehicle's use and market value cannot be fixed after a reasonable number of attempts, the manufacturer must replace the vehicle or take it back and refund the full purchase price, including collateral charges, minus a use allowance of no more than 10 cents per mile or 10% of the price, whichever is less. A reasonable number of attempts is presumed when the same defect has been subject to repair more than three times, or the vehicle has been out of service for at least 30 business days, within the warranty term or one year (whichever is less); the manufacturer must first get direct notice and a chance to fix it. If the manufacturer has a qualifying informal dispute program, the consumer must use it first. A lawsuit must be filed within six months after the earlier of the warranty's expiration or 18 months after delivery.
How to file a lemon law claim1) Report the problem to the manufacturer, its agent or an authorized dealer during the express warranty term or within one year after original delivery, whichever ends first. 2) Direct notice: the presumption that the manufacturer had a reasonable number of repair attempts does not apply unless the manufacturer received prior direct notice from or on behalf of the consumer and an opportunity to fix the defect. 3) Arbitration: if the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with federal rules (16 C.F.R. part 703), or a consumer-and-industry appeals, arbitration or mediation board whose decisions bind the manufacturer, the consumer must use it first before the refund-or-replacement remedy is available. If the consumer asks for an oral presentation, the hearing must be held in the consumer's home state. On application, the Attorney General decides whether a program qualifies. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within six months after the earlier of (a) the end of the express warranty term or (b) 18 months after original delivery. A consumer who chooses to proceed under the lemon law gives up other remedies arising from the same facts.
Wording of the filing deadline follows § 51-07-21 as written; no date has been calculated.
Used carsThe Attorney General states that North Dakota's lemon law applies only to new cars, not to used cars or other motorized vehicles. When you buy a used car, you buy it "as is" unless a warranty is included in the purchase, and you are responsible for repair costs after you buy it.

Where to get help in North Dakota

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FAQ

How does the lemon law work in North Dakota?
North Dakota's lemon law covers new passenger motor vehicles and trucks with a registered gross weight of 10,000 pounds or less, bought or leased mainly for personal, family or household use (motor homes are excluded). If the consumer reports a defect during the express warranty or within one year of delivery, whichever ends first, the manufacturer must repair it. If a defect that substantially impairs the vehicle's use and market value cannot be fixed after a reasonable number of attempts, the manufacturer must replace the vehicle or take it back and refund the full purchase price, including collateral charges, minus a use allowance of no more than 10 cents per mile or 10% of the price, whichever is less. A reasonable number of attempts is presumed when the same defect has been subject to repair more than three times, or the vehicle has been out of service for at least 30 business days, within the warranty term or one year (whichever is less); the manufacturer must first get direct notice and a chance to fix it. If the manufacturer has a qualifying informal dispute program, the consumer must use it first. A lawsuit must be filed within six months after the earlier of the warranty's expiration or 18 months after delivery.
How do you file a lemon law claim in North Dakota?
1) Report the problem to the manufacturer, its agent or an authorized dealer during the express warranty term or within one year after original delivery, whichever ends first. 2) Direct notice: the presumption that the manufacturer had a reasonable number of repair attempts does not apply unless the manufacturer received prior direct notice from or on behalf of the consumer and an opportunity to fix the defect. 3) Arbitration: if the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with federal rules (16 C.F.R. part 703), or a consumer-and-industry appeals, arbitration or mediation board whose decisions bind the manufacturer, the consumer must use it first before the refund-or-replacement remedy is available. If the consumer asks for an oral presentation, the hearing must be held in the consumer's home state. On application, the Attorney General decides whether a program qualifies. The law does not create a state-run arbitration program or set a consumer fee. 4) Deadline to sue: a lawsuit must be filed within six months after the earlier of (a) the end of the express warranty term or (b) 18 months after original delivery. A consumer who chooses to proceed under the lemon law gives up other remedies arising from the same facts.
Is there a lemon law for used cars in North Dakota?
The Attorney General states that North Dakota's lemon law applies only to new cars, not to used cars or other motorized vehicles. When you buy a used car, you buy it "as is" unless a warranty is included in the purchase, and you are responsible for repair costs after you buy it.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.