North Dakota Lemon Law: Do You Qualify?

North Dakota lemon law at a glance

Coverage window

Report the problem during the express warranty term or within one year after original delivery to a consumer, whichever is earlier. The statute sets no mileage limit, and repairs may be made after the period ends.

Repair attempts

A reasonable number of attempts is presumed when the same nonconformity continues despite more than three repairs within the warranty term or one year from delivery, whichever is earlier.

Days out of service

A cumulative total of at least thirty business days (not calendar days) out of service for repair during the warranty term or in a year, whichever is less. Chapter 51-07 does not define a business day; the Century Code treats every day except Sundays and the listed holidays as one (N.D.C.C. § 1-03-04).

Notice

The statute asks for "direct notification", not a writing. The presumption does not apply unless the manufacturer received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect. It does not say whether or how the notice must be written or delivered, or how long the manufacturer has to cure.

Dispute program

If the manufacturer has or participates in a qualifying informal dispute procedure or a binding board, the refund or replacement remedy is not available until the consumer has first used it.

Deadline to sue

Six months after the earlier of the express warranty term ending or eighteen months after original delivery to a consumer.

Used vehicles

The repair duty is stated for a new passenger motor vehicle, and the Attorney General says the law does not apply to used cars. The statute does make a consumer of anyone to whom the vehicle is transferred during the duration of an express warranty applicable to it, so a later buyer who takes over a manufacturer's warranty can be covered. Lessees are consumers too.

Vehicles

A passenger motor vehicle as defined in N.D.C.C. § 39-01-01 (a self-propelled motor vehicle designed principally for the transportation of persons) or a truck with registered gross weight of ten thousand pounds or less, sold or leased in North Dakota. A house car is not included. The registered weight is the one on the registration card, and a pickup truck is registered at no less than its gross vehicle weight rating (§ 39-04-19(2)(a)).

Refund and allowance

The full purchase price, including all collateral charges, less a reasonable allowance for use of at most ten cents per mile or ten percent of the purchase price, whichever is less. The allowance is the amount directly attributable to use before the first report of the nonconformity and during any later period when the vehicle is not out of service for repair. Refunds are made to the consumer, the lessor, and the lienholder, if any, as their interests may appear. The statute does not define collateral charges. For a lease, the lessee receives all payments made less a reasonable allowance and the lessor its purchase cost less those payments plus freight, accessories and five percent (§ 51-07-18.1).

Other remedies

A consumer who elects to proceed under sections 51-07-16 through 51-07-22 is foreclosed from pursuing any other remedy arising out of the facts and circumstances that gave rise to the claim (N.D.C.C. § 51-07-20).

Returned vehicles

A vehicle returned under the lemon law may not be sold or leased in North Dakota unless the manufacturer provides the same express warranty for at least twelve thousand miles or twelve months after resale, whichever is earlier, and a separate signed statement that it was returned; a violation is a class B misdemeanor (N.D.C.C. § 51-07-22).

North Dakota lemon law: frequently asked questions

How many repair attempts does the North Dakota lemon law require?

More than three repairs of the same nonconformity within the express warranty term or one year from original delivery, whichever is earlier, raises a presumption that a reasonable number of attempts has been made. Thirty business days out of service has the same effect. The presumption applies only against a manufacturer that has received your direct notification and an opportunity to cure.

How long do I have to sue under the North Dakota lemon law?

An action must be commenced within six months after the earlier of the express warranty term ending or eighteen months after original delivery to a consumer. That is a short window, so check your warranty end date and delivery date early.

Does the North Dakota lemon law cover used vehicles?

Generally no. The repair duty applies to a new passenger motor vehicle, and the Attorney General says the law does not apply to used cars, motorcycles, or motor homes; a house car is excluded in the statute itself. But the statute defines a consumer to include any person to whom the vehicle is transferred during the express warranty, so a later buyer who receives the vehicle while a manufacturer's express warranty is still running can be covered, within the same period measured from the original delivery.

Do I have to use the manufacturer's dispute program first?

If the manufacturer has or participates in an informal dispute procedure that substantially complies with the FTC rules (16 CFR 703), or a consumer and industry board whose decisions bind the manufacturer, the refund or replacement remedy is not available to a consumer who has not first used it. If you ask for an oral presentation, the hearing must be held in the state where you live.

What can I recover if my vehicle qualifies?

The manufacturer must replace the vehicle with a comparable one or accept its return and refund the full purchase price, including all collateral charges, less a reasonable allowance for use of at most ten cents per mile or ten percent of the purchase price, whichever is less. The statute does not address attorney fees and has no multiplied damages. The manufacturer can defend by showing the defect does not substantially impair use and market value, or resulted from abuse, neglect, or unauthorized modifications.

Statutes cited on this page

• N.D.C.C. § 51-07-16 (Definitions: consumer; passenger motor vehicle)
• N.D.C.C. § 39-01-01(59) (Definition of passenger motor vehicle, imported by § 51-07-16(2))
• N.D.C.C. § 39-04-19(2)(a) (A pickup truck is registered at no less than its gross vehicle weight rating)
• N.D.C.C. § 51-07-17 (Duty of manufacturer to repair; one year or the express warranty term, whichever is earlier)
• N.D.C.C. § 51-07-18(1) (Duty to replace or refund after a reasonable number of attempts)
• N.D.C.C. § 51-07-18(1) (What the allowance for use is: use before the first report and later use not in the shop)
• N.D.C.C. § 51-07-18(2) (Affirmative defenses)
• N.D.C.C. § 51-07-18(3) (Informal dispute procedure as a prerequisite)
• N.D.C.C. § 51-07-18.1 (Refunds for leased passenger motor vehicles)
• N.D.C.C. § 51-07-19(1) and (2) (Presumption of a reasonable number of attempts; extensions)
• N.D.C.C. § 51-07-19(3) (Presumption requires prior direct notification and an opportunity to cure)
• N.D.C.C. § 1-03-04 (Business days: every day except Sundays and the listed holidays)
• N.D.C.C. § 51-07-20 (Exclusive remedy)
• N.D.C.C. § 51-07-21 (Limitation of actions: six months after the earlier of warranty expiry or eighteen months after original delivery)
• N.D.C.C. § 51-07-22(1) (Resale of a returned passenger motor vehicle)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.