Key takeaways
- Protection period: term of the express warranty or one year after original delivery, whichever is earlier.
- Repair attempts: same nonconformity subject to repair more than three times within the protection period and still not fixed.
- Days out of service: cumulative total of at least 30 business days during the warranty term or in a year, whichever is less.
- Deadline: action must be commenced within six months after the earlier of expiration of the express warranty term or 18 months after original delivery.
- The law is N.D. Cent. Code §§ 51-07-16 to 51-07-22. Read it with your repair orders and your warranty in front of you.
On this page
North Dakota's lemon law is N.D. Cent. Code §§ 51-07-16 to 51-07-22, the North Dakota lemon law (duty of manufacturer to repair or replace defective passenger motor vehicles). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
North Dakota lemon law at a glance
| Statute | N.D. Cent. Code §§ 51-07-16 to 51-07-22 |
|---|---|
| Official name | North Dakota lemon law (duty of manufacturer to repair or replace defective passenger motor vehicles) |
| Vehicles covered | New passenger motor vehicles and trucks with a registered gross weight of 10,000 pounds or less, sold or leased in North Dakota and normally used for personal, family, or household purposes. House cars are excluded. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Term of the express warranty or one year after original delivery, whichever is earlier. |
| Repair attempts | Same nonconformity subject to repair more than three times within the protection period and still not fixed. |
| Days out of service | Cumulative total of at least 30 business days during the warranty term or in a year, whichever is less. |
| Notice to the manufacturer | 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 defect. |
| Dispute programs | If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 CFR 703 (or participates in a binding appeals board), the consumer must use it first before getting the refund or replacement remedy. The attorney general determines on application whether a mechanism qualifies. |
| Deadline to bring a claim | Action must be commenced within six months after the earlier of expiration of the express warranty term or 18 months after original delivery. |
| Remedies | Replacement with a comparable vehicle or refund of the full purchase price including all collateral charges, less a reasonable use allowance not exceeding 10 cents per mile or 10 percent of the purchase price, whichever is less. Separate refund rules apply to leased vehicles. |
| Attorney's fees | The lemon law sections (51-07-16 to 51-07-22) contain no attorney fee provision. |
| Used vehicles | No separate used-car lemon law. A person to whom the vehicle is transferred for personal, family, or household purposes during the express warranty term is a covered consumer. |
Does your vehicle qualify in North Dakota?
The law covers new passenger motor vehicles and trucks with a registered gross weight of 10,000 pounds or less, sold or leased in North Dakota and normally used for personal, family, or household purposes. House cars are excluded. The protection period is term of the express warranty or one year after original delivery, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair more than three times within the protection period and still not fixed.
- Days out of service: Cumulative total of at least 30 business days during the warranty term or in a year, whichever is less.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
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 defect.
If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 CFR 703 (or participates in a binding appeals board), the consumer must use it first before getting the refund or replacement remedy. The attorney general determines on application whether a mechanism qualifies.
Deadline: Action must be commenced within six months after the earlier of expiration of the express warranty term or 18 months after original delivery.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Replacement with a comparable vehicle or refund of the full purchase price including all collateral charges, less a reasonable use allowance not exceeding 10 cents per mile or 10 percent of the purchase price, whichever is less. Separate refund rules apply to leased vehicles. The lemon law sections (51-07-16 to 51-07-22) contain no attorney fee provision. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside North Dakota's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your North Dakota vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in North Dakota?
Under N.D. Cent. Code §§ 51-07-16 to 51-07-22, the presumption is met when same nonconformity subject to repair more than three times within the protection period and still not fixed. The law also counts time in the shop: cumulative total of at least 30 business days during the warranty term or in a year, whichever is less.
How long do I have to file a lemon law claim in North Dakota?
Action must be commenced within six months after the earlier of expiration of the express warranty term or 18 months after original delivery. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the North Dakota lemon law cover used cars?
No separate used-car lemon law. A person to whom the vehicle is transferred for personal, family, or household purposes during the express warranty term is a covered consumer. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the North Dakota lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in North Dakota?
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 defect. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in North Dakota?
If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 CFR 703 (or participates in a binding appeals board), the consumer must use it first before getting the refund or replacement remedy. The attorney general determines on application whether a mechanism qualifies.
Can I recover attorney's fees under the North Dakota lemon law?
The lemon law sections (51-07-16 to 51-07-22) contain no attorney fee provision. We explain exactly how fees work in your case before you sign anything.