North Dakota Lemon Law
If you live in North Dakota, harsh winters mean that you must be able to depend on your car. If you’ve purchased a lemon, that dependability goes out the window. North Dakota lemon law can help. Here’s a summary:
New cars: Yes
Used cars: No
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 1 year
What is a Lemon Car Under North Dakota Law?
North Dakota lemon law covers new passenger vehicles, SUVs, vans, trucks, and motorcycles that are purchased or leased in North Dakota with a weight less than 10,000 pounds. It also covers used vehicles that are still covered under the manufacturer’s original express warranty. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever period ends first)
- Has been taken in more than three times for the same problem or has been out of service for a cumulative total of 30 business days
- The manufacturer has been notified in writing of the defect within one year from the delivery date or the expiration of the warranty (whichever period ends first)
- The owner has participated in the manufacturer’s informal arbitration program, if one exists
- The vehicle is used for personal, family, or household purposes
North Dakota Century Code Sections 51-07-16 through 51-07-22 is the state’s lemon law.
Getting Lemon Justice: North Dakota Lemon Law Relief
North Dakota lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Collateral charges
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle, which is calculated at a rate of 10 cents per mile driven or 10 percent of the purchase price, whichever is less.
Pursuing a ND Lemon Law Claim
If you want to pursue a claim under North Dakota’s lemon law, you must first send a written notification to the manufacturer. You should send this letter within one year of taking delivery of it. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if one exists) before you are eligible to file a lemon law claim in court. If you pursue a lemon law claim, you cannot use other state laws to sue the manufacturer.
If you are not satisfied with the outcome of the arbitration hearing, you can sue the manufacturer in civil court. Your lawsuit must be filed within six months of the expiration of the manufacturer’s warranty or 18 months from the delivery date of your vehicle, whichever comes first.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a North Dakota lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.