North Dakota’s lemon law seems very similar to those of most other states - it coves most new vehicles for a period of one year or twelve thousand miles, whichever comes first. It covers new vehicles only; used cars are not covered by the statutes. Neither are motorcycles or motor homes.

Under the statute, a vehicle will qualify as a lemon if it has a defect or nonconformity which substantially impairs the use and market value of the vehicle (presumably, “safety” would also qualify) and meets one of the following requirements:

• Has been subjected to a “reasonable” number of unsuccessful attempts to repair the defect. North Dakota law defines “reasonable” as three or more unsuccessful attempts to repair the vehicle during the warranty period.
• Has been out of service during the warranty period for a total of 30 business days due to unsuccessful attempts to repair the problem.

In addition, the problem must be reported to the manufacturer before the end of the one year lemon law period.

Should your vehicle meet these requirements, you must contact the manufacturer, preferably by Certified Mail. If the manufacturer offers an arbitration program within the state, you must attempt to settle your case through this arbitration program. The purpose of the program is to settle these cases quickly and impartially by having a disinterested third party listen to both sides of the case and render a verdict in favor of one party or the other. The results of the arbitration hearing are nonbinding; the vehicle owner does retain the right to sue the manufacturer for relief in court if he or she is unhappy with the results of the arbitration hearing.

Be aware that in North Dakota, the statute of limitations on such lawsuits is within six months of the expiration date of the warranty or 18 months after delivery of the vehicle, whichever comes first. This is a rather tight deadline; we would recommend that if you have a case that is heading for arbitration you may wish to consult with a lawyer who is experienced in lemon law cases first.

Should you win your case, either in arbitration or in court, you will be entitled to one of the following:

A comparable replacement vehicle to the one you are returning.

A refund of your purchase price. This refund must include all related charges, such as taxes, registration, transportation fees and any other normal charges associated with the purchase of a new vehicle. An adjustment will be made to the refund price in order to compensate for miles driven and wear and tear on the vehicle. This compensation will not exceed ten cents per mile or ten percent of the purchase price, whichever is less. Those who have leased their vehicles will see the lease terminated with the buyback, and the dealer may not charge an early termination fee.

Vehicles returned to manufacturers as defective may be resold in the state as long as the fact that the vehicle was returned under the defective vehicle statute is disclosed to the buyer and as long as the manufacturer provides a twelve month, 12,000 mile written warranty at the time of sale.

If you are having concerns with your car, truck or van, you may discover that you need legal assistance. LegalMatch can help locate an experienced attorney local to you. Confidentiality is guaranteed, all legal representatives are licensed, and there is no charge to inquire.

 Details and further information may be found in the North Dakota Lemon Law brochure (PDF) from the state’s Website.