North Dakota Lemon Law: Your Complete Legal Guide

What Vehicles Are Covered

The North Dakota Lemon Law covers specific types of vehicles purchased or leased in the state.

Covered Vehicle Types

• New passenger vehicles: Cars, sedans, coupes, and similar vehicles
• Trucks: Pickup trucks and light-duty trucks
• Vans: Including minivans and passenger vans
• SUVs: Sport utility vehicles
• Leased vehicles: Vehicles leased for personal, family, or household purposes
• Demonstrator vehicles: Demo vehicles sold as new

Vehicles Not Covered

• Used vehicles
• Motorcycles (may have limited coverage)
• Commercial vehicles used primarily for business purposes
• Off-road vehicles not designed for highway use
• Vehicles purchased outside North Dakota
• Motorhomes and recreational vehicle living quarters

North Dakota's Lemon Law Presumption

Under N.D.C.C. Section 51-07-18, North Dakota creates a rebuttable presumption that a reasonable number of repair attempts have been made if certain conditions are met.

The Lemon Law Presumption Applies When:

Condition	Requirement	Details
Repair Attempts (Same Problem)	3 or more attempts	Same nonconformity substantially impairing use and value
Days Out of Service	30 or more cumulative business days	Vehicle unavailable for repair of nonconformities
Coverage Period	Within express warranty term	Or within 1 year of original delivery, whichever is longer
Written Notice	Required before remedy	Certified mail to manufacturer with opportunity to repair

Note: North Dakota requires only 3 repair attempts (compared to 4 in many states), making it somewhat more consumer-friendly in this regard. However, the law uses business days for the out-of-service calculation.

What Qualifies as a "Substantial" Defect?

A defect is substantial if it impairs the use and value of the motor vehicle to the consumer. Examples include:

• Engine failures or persistent problems
• Transmission malfunctions
• Brake system defects
• Steering problems
• Electrical system failures
• Safety system malfunctions (airbags, stability control)
• Heating or cooling system failures
• Persistent warning lights indicating mechanical problems

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under North Dakota law, the consumer may choose between two remedies.

Option 1: Full Refund (Buyback)

The manufacturer must refund:

• Full purchase price: Contract price of the vehicle
• Collateral charges: Sales tax, license, registration, and similar fees
• Finance charges: Interest and financing costs
• Incidental damages: Reasonable expenses caused by the nonconformity

Usage Offset: The manufacturer may deduct a reasonable allowance for the consumer's use of the vehicle. This is typically calculated based on miles driven before the first repair attempt.

Option 2: Replacement Vehicle

Instead of a refund, the consumer may request a comparable replacement vehicle. The replacement should be:

• Of the same or equivalent value
• Acceptable to the consumer
• Covered by the manufacturer's warranty

How to File a Lemon Law Claim in North Dakota

Filing a lemon law claim in North Dakota requires following specific procedures.

Step 1: Document All Repairs and Communications

• Keep copies of all repair orders and invoices
• Record dates the vehicle was brought in for service
• Document the problems reported and repairs attempted
• Count the number of business days the vehicle was unavailable
• Save all written correspondence

Step 2: Send Written Notice to the Manufacturer

Before seeking a remedy, you must send written notification to the manufacturer via certified mail. The notice must:

• Describe the nonconformity
• Include vehicle identification information
• Request repair or state your desired remedy

Step 3: Allow Final Repair Opportunity

The manufacturer is entitled to a final opportunity to repair the vehicle. Make the vehicle available at a reasonably accessible repair facility.

Step 4: Use Informal Dispute Resolution

If the manufacturer has an informal dispute resolution procedure that complies with federal regulations, you may be required to use it before filing a lawsuit.

Step 5: Pursue Court Action If Necessary

If the dispute is not resolved through informal procedures, you may file a lawsuit in North Dakota courts.

Manufacturer Defenses

Manufacturers may assert various defenses to avoid lemon law liability.

Common Manufacturer Defenses

Defense	Manufacturer's Argument	Consumer's Counter
Consumer abuse or neglect	Defect caused by owner misuse	Provide maintenance records and evidence of proper care
Unauthorized modifications	Aftermarket parts caused the problem	Show defect existed before modifications or is unrelated
Defect not substantial	Problem does not impair use and value	Document how defect affects daily use of vehicle
No written notice provided	Consumer failed to send required notice	Keep certified mail receipts
Outside warranty period	Defect reported after coverage expired	Verify first report was within coverage period

Used Vehicle Protections

North Dakota's Lemon Law applies only to new vehicles. However, used vehicle buyers may have other protections.

Alternative Protections for Used Vehicle Buyers

• Remaining manufacturer warranty: If original warranty is still in effect
• Dealer warranties: Written warranties provided by the selling dealer
• North Dakota Consumer Fraud Act: Protects against deceptive trade practices
• Federal Magnuson-Moss Warranty Act: Federal warranty protections

Tips for Used Vehicle Buyers

• Request a vehicle history report before purchase
• Have the vehicle inspected by an independent mechanic
• Get all warranty promises in writing
• Keep all documentation of repairs and communications

Dispute Resolution Procedures

North Dakota law requires manufacturers to provide informal dispute resolution procedures for consumers.

Manufacturer Arbitration Programs

Many manufacturers offer arbitration programs that comply with federal FTC regulations. These programs provide a quicker, less expensive alternative to court proceedings.

Advantages of Informal Dispute Resolution

• Typically faster than litigation
• Usually free or low-cost to consumers
• Less formal process
• May preserve the right to sue if unsatisfied with result

When Court Action May Be Necessary

If informal dispute resolution is not available or does not resolve your claim, you may file a lawsuit. Prevailing consumers may recover reasonable attorney fees.

Statute of Limitations

Understanding time limits is essential for North Dakota lemon law claims.

Key Deadlines

• Coverage period: Defect must occur within the express warranty term or 1 year from delivery, whichever is longer
• Written notice: Must be sent before seeking remedy
• Lawsuit filing: Generally follows North Dakota's contract statute of limitations (6 years)

Best Practice: File your claim promptly after the vehicle qualifies as a lemon. Delays can affect your case and your recovery amount.

More North Dakota Laws

• North Dakota Hit and Run Laws
• North Dakota Sexting Laws
• North Dakota Dog Bite Laws
• North Dakota Recording Laws
• North Dakota Statute of Limitations
• North Dakota Whistleblower Laws
• North Dakota Car Seat Laws