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The North Dakota Lemon Law

The North Dakota lemon law protects you and other North Dakotans who own defective motor vehicles.

Does the ND Lemon Law Cover My Vehicle?

The lemon law in North Dakota covers passenger vehicles and trucks weighing 10,000 pounds or less. The vehicles must have been purchased or leased in the state. The primary purpose must be personal, family or household use.

The coverage lasts for 12 months from the original date of delivery, although additional repairs can continue after the coverage expires.

The defect must substantially impair the use of the vehicle or substantially reduce its market value. And it must not be due to negligence, abuse, or unauthorized modifications to the vehicle.

The vehicle must have been repaired at least three times during the coverage period, or it must have been out of service for at least 30 business days, before you can begin your claim.

I Own a North Dakota Lemon. What's the Next Step?

Write to the manufacturer, stating that you have a lemon vehicle and that you want compensation. Photocopy your notes, all repair/service orders and work invoices, and any supporting documentation you have. Include those copies with your letter and send them all by certified mail, return receipt requested. Remember to photocopy your letter and keep the copy for your records.

Arbitration or Law Suit?

If the manufacturer has or uses an informal dispute resolution procedure, you must use that system before you can go to the courts. The decisions from most of these procedures are binding on the manufacturer but not on the consumer. If you do not like the arbitration decision, you can then file a suit in court.

If you do decide to go to court, I recommend that you consult a lemon law attorney, a lawyer experienced with the North Dakota lemon law.

Replacement or Refund?

You have the choice of receiving a vehicle comparable to your lemon (including factory-installed options), or receiving a refund.

If you choose a refund, you will receive the full contract purchase price, plus trade-in allowance, and all collateral charges (sales tax, license and registration fees, and other related amounts). You and any lien holder will receive payments based on your interests in the lemon vehicle.

If you leased the vehicle, you will receive your down payment, all lease payments made to date, plus your trade-in allowance.

In all cases, the manufacturer is allowed to deduct a reasonable use fee of 10 cents per mile for all miles driven or 10% of the purchase price, whichever is less.

North Dakota Lemon Law Summary

The lemon law in North Dakota allows you to claim your state-bought or leased vehicle as a lemon after three unsuccessful repair attempts or a total of 30 business days out of service. You must use the manufacturer's informal dispute resolution system (if there is one) before you can proceed to the courts.

If you prevail, you will receive either a replacement vehicle or a refund of the purchase price, minus a reasonable use fee.


NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.


 

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