{"id":375557,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-lemon-laws.html"},"modified":"2016-06-20T19:48:43","modified_gmt":"2016-06-21T00:48:43","slug":"north-dakota-lemon-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-lemon-laws.html","title":{"rendered":"North Dakota Lemon Laws"},"content":{"rendered":"\n
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North Dakota Lemon Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New cars with serious problems that the dealer is unable to fix after a reasonable amount of attempts<\/a> are called "lemons." State lemon laws<\/a> hold manufacturers and dealers accountable for new vehicles that fail to live up to their warranty within a stated period of time, requiring replacement or a full refund. Here is a brief summary of North Dakota’s lemon laws.<\/p>\n

North Dakota Lemon Laws<\/h2>\n

Automobiles covered under the North Dakota state lemons laws are those that have a "nonconformity," which significantly affects the use or market value of vehicle. If a defect or condition substantially impairs the use and market value within one (1) year after taking delivery of your new car, then it may be considered a lemon. The manufacturer must replace your car with a comparable vehicle or accept return and refund full purchase price, including all collateral charges, less any reasonable allowance for the consumer’s use.<\/p>\n

The following table highlights the main provisions of North Dakota’s lemon law. See Secret Warranties, Recalls, and Lemons<\/a> and How the New Car Lemon Law Can Help You<\/a> for more information.<\/p>\n

Overview of Lemon Laws<\/a><\/p>\n\n
Code Section<\/td>\n51-07-16, et seq.<\/td>\n<\/tr>
Title of Act<\/td>\nNot specified<\/td>\n<\/tr>
Definition of Defects<\/td>\nNonconformity to all applicable express warranties which significantly affects the use or market value of vehicle<\/td>\n<\/tr>
Time Limit for Manufacturer Repair<\/td>\nTerm of express warranties or during period of 1 year following date of original delivery to consumer, whichever is earlier<\/td>\n<\/tr>
Statutory Definitions of ‘Reasonable’ Number of Attempts to Fix the Problem
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  1. The same nonconformity has continued to exist, despite having been subject to repair more than three times by the manufacturer, its agent, or its authorized dealer, within the express warranty term or within one year of the date of original delivery of the passenger motor vehicle to a consumer, whichever is the earlier date.<\/li>\n
  2. The passenger motor vehicle is out of service for repair for a cumulative total of at least thirty business days during the warranty term or in a year, whichever is less.<\/li>\n<\/ol>\n<\/td>\n<\/tr>
Defenses to Lemon Claims<\/td>\n
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  • The alleged nonconformity does not substantially impair the use and market value of the passenger motor vehicle; or<\/li>\n
  • The nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the passenger motor vehicle by a consumer.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Remedies<\/td>\nReplace with comparable vehicle or accept return and refund full purchase price, including all collateral charges, less reasonable allowance for consumer’s use<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are constantly changing through a combination of newly enacted legislation, decisions from higher courts, and so on. You should contact a North Dakota lemon law attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Research the Law<\/h2>\n