Leased Vehicle Lemon Law in North Dakota

North Dakota Lemon Law covers leased passenger vehicles, SUVs, vans, trucks, and motorcycles that are leased in North Dakota with a weight less than 10,000 pounds. 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

Under North Dakota Lemon Law, within one year after the delivery date of the vehicle or the expiration of the warranty (whichever comes first), you must notify the manufacturer in writing of the problem.

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.

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 amount of all payments made
• Security deposit
• Trade-in allowance
• 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.

You are also released from your lease agreement with no penalty for early termination.

Wherever you are in the Lemon Law claim process, it is generally in your best interest to have an attorney represent you. After all, vehicle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won't cost you a dime if you go to court; the law says that the car manufacturer has to pay your attorney's fees in successful Lemon Law claims.