North Dakota's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for North Dakota (N.D.C.C. §§ 51-07-16 a 51-07-22). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New passenger cars and trucks of 10,000 lb or less registered weight, bought or leased in North Dakota for personal or household use. It also protects anyone who gets the car while the factory warranty is still running. It does not cover motor homes.

Rights period: You must report the defect during the warranty or within the first year after delivery to the first owner, whichever ends first. A lawsuit must be filed within 6 months after the warranty ends or 18 months after delivery, whichever comes first.

When it is presumed a lemon

The same defect remains after more than three repair attempts, or the car spent 30 cumulative business days in the shop. The maker must have received direct notice from you and a chance to fix it.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Before seeking statutory replacement or refund, §51-07-18(3) can require first resort to a qualifying manufacturer dispute procedure or binding consumer/industry appeals board. The statute provides for an Attorney General qualification determination on application; this review has not established that any particular program qualifies. Check your warranty materials and ask the Attorney General or an attorney which procedure applies. If you request an oral presentation under that provision, the hearing must be in your state of residence.

Who handles it: North Dakota Attorney General — Consumer Protection Division.

Hotline: 1-800-472-2600 (en Dakota del Norte / within ND) · 701-328-3404.

What you get if you win

A comparable replacement car or a refund of the full price with collateral charges, minus a use allowance of at most 10 cents per mile or 10% of the price, whichever is less. On a lease you get back every payment you made to the lessor — cash payments, the security deposit and any trade-in allowance — minus that same reasonable use allowance, and the lease ends with no early-termination penalty (§ 51-07-18.1).

What it does not cover

Used cars; motorcycles, mopeds, ATVs and every other motorized vehicle that is not a car — the Attorney General states the lemon law "applies only to new cars" and "does not apply to any other motorized vehicle or to used cars"; motor homes (house cars, § 51-07-16(2)); trucks over 10,000 lb registered weight; purchases for resale; defects that do not substantially impair use and value; defects from abuse, neglect or modifications. If you use the lemon law, you give up other claims over the same facts.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In North Dakota: According to the Attorney General, a used car is bought "as is" unless it comes with a warranty, and there is no right to cancel a vehicle purchase. You are protected by the mandatory damage disclosure (SFN 18609, § 39-05-17.2), the law against fraud and deceptive practices (§ 51-15-02), with complaints to the Consumer Protection Division, and the implied warranty, which the seller can exclude only with words like "as is" (§ 41-02-33).