North Dakota Lemon Law (2026): How to Qualify & Get a Refund

North Dakota's lemon law, N.D.C.C. Sections 51-07-16 through 51-07-22, covers new passenger cars and trucks weighing 10,000 pounds or less. Section 51-07-18 entitles owners to a refund or replacement when the manufacturer cannot fix a substantial defect after a reasonable number of attempts, and Section 51-07-19 presumes that point has been reached once the same defect has been subject to repair more than three times or the vehicle is out of service for 30 cumulative business days within the warranty period.

Overview of North Dakota's Lemon Law

North Dakota protects consumers who purchase or lease defective new vehicles through N.D.C.C. Sections 51-07-16 through 51-07-22. These sections sit inside Chapter 51-07, which the Century Code captions "Miscellaneous Provisions," and they carry no separate short title, so North Dakota's lemon law is cited by section number rather than by an act name. The law requires manufacturers to either replace or refund a vehicle that cannot be repaired after a reasonable number of attempts.

The law places the burden on manufacturers to stand behind their products. If your new vehicle has a defect that substantially impairs its use and market value, and the manufacturer cannot fix it after multiple tries, you have the right to demand a remedy.

North Dakota's lemon law is relatively consumer-friendly compared to many states. It requires more than three repair attempts (meaning four or more failed attempts) before the presumption triggers, and uses a clear statutory framework that spells out specific rights and obligations for both consumers and manufacturers.

What Vehicles Does North Dakota's Lemon Law Cover?

Under N.D.C.C. Section 51-07-16, the law defines "passenger motor vehicle" to include specific types of vehicles sold or leased in the state.

Covered Vehicles

Vehicles Not Covered

• Used vehicles purchased without manufacturer warranty
• House cars (motorhomes) as defined in N.D.C.C. Section 39-01-01
• Heavy trucks with registered gross weight exceeding 10,000 pounds
• Vehicles purchased for resale or lease (dealer inventory)
• Vehicles used primarily for commercial purposes rather than personal, family, or household use

Who Qualifies as a "Consumer"?

The statute defines "consumer" as the purchaser or lessee of a passenger motor vehicle normally used for personal, family, or household purposes. This definition also includes any person to whom the vehicle is transferred for the same purposes during the warranty period, as well as anyone entitled to enforce the warranty under its terms.

The Manufacturer's Duty to Repair

N.D.C.C. Section 51-07-17 establishes the manufacturer's obligation to repair defective vehicles. If a new passenger motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity during the warranty term or within one year of original delivery (whichever comes first), the manufacturer, its agent, or authorized dealer must make the necessary repairs.

An important consumer protection built into this section: even if the warranty period or one-year window expires before repairs are complete, the manufacturer must still finish the repairs. The reporting deadline and the repair obligation are separate. As long as you reported the problem on time, the manufacturer cannot refuse to fix it just because the warranty has since expired.

North Dakota's Lemon Law Presumption

Under N.D.C.C. Section 51-07-19, North Dakota creates a rebuttable presumption that a reasonable number of repair attempts have occurred when certain conditions are met.

When the Presumption Applies

The law presumes that a reasonable number of repair attempts have been made if either of these conditions is satisfied:

Once this presumption is triggered, the burden shifts to the manufacturer to prove that additional repair attempts would succeed or that the problem does not substantially impair the vehicle's use and market value.

What Counts as a "Nonconformity"?

A nonconformity is any defect or condition that substantially impairs the use and market value of the vehicle. The defect must be covered by the manufacturer's express warranty. Examples include:

• Engine failures or persistent mechanical problems
• Transmission malfunctions or slipping
• Brake system defects affecting stopping ability
• Steering problems that compromise control
• Electrical system failures
• Safety system malfunctions (airbags, stability control, anti-lock brakes)
• Persistent warning lights indicating unresolved mechanical issues
• Heating or air conditioning system failures
• Excessive oil consumption or fluid leaks

Minor cosmetic issues or problems caused by the consumer's own misuse generally do not qualify.

Consumer Remedies: Replacement or Refund

When a vehicle meets the lemon law presumption, the manufacturer must act under N.D.C.C. Section 51-07-18. The statute gives the manufacturer the choice of which remedy to provide: it must either replace the vehicle with a comparable one or accept the vehicle's return and issue a full refund. Either way, the consumer receives make-whole relief.

Option 1: Replacement Vehicle

The manufacturer may provide a new, comparable replacement vehicle. The replacement must be:

• A new passenger motor vehicle
• Comparable in value and features to the original
• Covered by the manufacturer's standard warranty

Option 2: Full Refund

If the manufacturer accepts return of the vehicle, N.D.C.C. Section 51-07-18(1) requires it to refund "the full purchase price, including all collateral charges," less the usage allowance described below. That is the entire list the statute gives:

• Purchase price: The full contract price of the vehicle
• Collateral charges: Chapter 51-07 does not define this term, so what falls inside it is worked out case by case rather than by a statutory list

Sections 51-07-16 through 51-07-22 stop there. They do not provide for incidental or consequential damages such as towing or rental car costs, and they do not separately address finance charges, so do not count on recovering those under the lemon law itself. A separate breach-of-warranty or Magnuson-Moss claim may reach expenses the lemon law does not, but electing the lemon law remedy forecloses that route (see Exclusive Remedy below).

Usage Offset: The manufacturer may deduct a reasonable allowance for the consumer's use of the vehicle. North Dakota law caps this deduction at 10 cents per mile driven or 10% of the purchase price, whichever is less. This cap protects consumers from excessive deductions.

Example: For a $35,000 vehicle driven 5,000 miles before first reporting the defect, the per-mile calculation would be $500 (5,000 x $0.10). Ten percent of the purchase price would be $3,500. Since $500 is less than $3,500, the manufacturer could deduct only $500 from the refund.

Special Rules for Leased Vehicles

For leased vehicles, the manufacturer must refund to the lessee the sum of all lease payments previously paid to the lessor, minus a reasonable allowance for the consumer's use of the vehicle.

Notifying the Manufacturer and the Opportunity to Cure

North Dakota's lemon law does not make written notice an element of the refund or replacement remedy, and it nowhere requires certified mail. What the statute actually says is narrower. Under N.D.C.C. Section 51-07-19(3), the repair-attempt and out-of-service presumption "does not apply against a manufacturer unless the manufacturer has received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect."

Notification and a chance to cure are conditions of the presumption, not of the underlying right. Notifying the manufacturer directly is still the practical first move, because without the presumption you carry the burden of proving that a reasonable number of repair attempts were made.

What to Put in Your Notice

The statute prescribes no form or content, so this is practical guidance rather than a legal checklist. A useful notice covers:

• A description of the nonconformity or defect
• The vehicle identification number (VIN)
• Your contact information
• The number of repair attempts already made
• Your desired outcome (return or replacement)

How to Send the Notice

Certified mail with return receipt requested is not required by North Dakota law, but it is the sensible way to send the notice, because it creates a record that the manufacturer received it and when. Keep a copy of the letter and the receipt for your records.

The Manufacturer's Opportunity to Cure

Section 51-07-19(3) pairs notification with an opportunity to cure the alleged defect. Chapter 51-07 sets no rules about how or where that repair happens and imposes no separate duty on the consumer to deliver the vehicle to any particular facility, but cooperating with a repair attempt you are offered is what preserves the presumption you are trying to establish.

Informal Dispute Resolution Requirements

N.D.C.C. Section 51-07-18 addresses informal dispute resolution. If a manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with the Federal Trade Commission's rules under 16 CFR Part 703, or if the manufacturer participates in a binding arbitration program, you may be required to use that process before filing a lawsuit.

BBB AUTO LINE

Several major manufacturers participate in the BBB AUTO LINE program, which offers free dispute resolution for vehicle warranty complaints. Key features of this program include:

• No cost to consumers for participating manufacturer vehicles
• A Dispute Resolution Specialist guides you through the process
• If no agreement is reached, the case proceeds to arbitration
• The arbitrator's decision is binding on the manufacturer but not binding on the consumer
• If you reject the arbitration result, you retain the right to file a lawsuit
• Contact BBB AUTO LINE at 1-800-955-5100

In-State Hearing Requirement

If you request an oral presentation before an arbitration board or dispute settlement mechanism, North Dakota law requires that the hearing take place in North Dakota (the state where you reside). The manufacturer cannot require you to travel out of state for dispute resolution.

How to File a Lemon Law Claim: Step-by-Step

Step 1: Document Everything From the Start

Thorough documentation is essential for a successful lemon law claim. Keep organized records of:

• All repair orders and service invoices
• Dates the vehicle was brought in for each repair attempt
• The specific problems reported at each visit
• What repairs were attempted and their outcomes
• The number of business days the vehicle was unavailable
• All written correspondence with the dealer and manufacturer
• Photographs or videos of the defect when possible

Step 2: Report the Defect Within the Coverage Period

Make sure you report the nonconformity to the manufacturer, its agent, or authorized dealer during the express warranty term or within one year of original delivery, whichever comes first. Even if repairs extend beyond this window, the key date is when you first reported the problem.

Step 3: Allow Reasonable Repair Attempts

Give the manufacturer a fair chance to fix the vehicle. Keep detailed records of each attempt. After more than three unsuccessful repair attempts (four or more) for the same problem, or after the vehicle has been out of service for 30 cumulative business days, the lemon law presumption applies.

Step 4: Notify the Manufacturer Directly

Once the presumption threshold is met, notify the manufacturer directly, describing the defect and requesting a remedy, and allow it an opportunity to cure. North Dakota law prescribes no form for this notice, but putting it in writing and sending it by certified mail gives you proof that it arrived, which is what Section 51-07-19(3) makes matter.

Step 5: Use Required Dispute Resolution

If the manufacturer participates in a qualifying informal dispute settlement program, you must use it before filing suit. Complete the process and, if unsatisfied with the outcome, proceed to the next step.

Step 6: File a Civil Action If Necessary

If informal dispute resolution does not resolve your claim, you may file a lawsuit in North Dakota district court. Remember that the statute of limitations is strict: you must file within six months after the earlier of the warranty expiration or 18 months from the date of original delivery.

Manufacturer Defenses

Manufacturers may raise several defenses to avoid lemon law liability. Understanding these defenses helps you build a stronger case.

Exclusive Remedy and Statute of Limitations

Exclusive Remedy Election

Under N.D.C.C. Section 51-07-20, a consumer who elects to proceed under the lemon law is foreclosed from pursuing any other remedy arising out of the same facts and circumstances. This means that once you file a lemon law claim, you cannot also sue the manufacturer for breach of warranty or other claims based on the same defect.

Before electing the lemon law remedy, consider whether another legal theory (such as a claim under the federal Magnuson-Moss Warranty Act) might provide a better outcome for your situation.

Statute of Limitations

N.D.C.C. Section 51-07-21 sets a strict deadline for filing a lemon law action. You must commence your lawsuit within six months after the earlier of:

1. Expiration of the express warranty term, or
2. Eighteen months after the date of original delivery of the vehicle to the consumer

Missing this deadline permanently bars your lemon law claim, so act promptly once your vehicle qualifies.

Resale of Returned Lemon Vehicles

N.D.C.C. Section 51-07-22 protects future buyers by regulating the resale of vehicles returned under the lemon law.

Resale Within North Dakota

A person may not sell or lease a returned lemon vehicle in North Dakota unless the manufacturer provides the same express warranty it gave the original purchaser. The warranty term must be for at least 12,000 miles or 12 months after the date of resale, whichever comes first.

Resale Outside North Dakota

A person may not ship or deliver a returned lemon vehicle for resale or lease in another state unless the reasons for the vehicle's return are fully disclosed to any prospective buyer.

Penalty for Violations

Violating the resale disclosure requirements is a Class B misdemeanor under North Dakota law.

Protections for Used Vehicle Buyers

North Dakota's lemon law applies only to new vehicles. However, used vehicle buyers are not without recourse.

Alternative Legal Protections

• Remaining manufacturer warranty: If the original factory warranty is still in effect, you have the same warranty rights as the original buyer
• Dealer warranties: Written warranties provided by the selling dealer are legally enforceable contracts
• North Dakota Consumer Fraud Act (N.D.C.C. Chapter 51-15): Prohibits deceptive trade practices, including misrepresentation of a vehicle's condition or history
• Federal Magnuson-Moss Warranty Act (15 U.S.C. Sections 2301-2312): Provides federal warranty protections that apply to both new and used vehicles sold with a written warranty

The Magnuson-Moss Warranty Act as a Federal Backstop

The Magnuson-Moss Warranty Act (15 U.S.C. 2301) serves as the federal lemon-law backstop for all vehicle buyers. Unlike North Dakota's state law, it covers both new and used vehicles sold with a written warranty, does not require a specific number of repair attempts, and allows prevailing consumers to recover attorney fees. If you purchased a used vehicle with a written warranty and cannot get the seller to honor it, a Magnuson-Moss claim may be your strongest option.

Tips for Used Vehicle Buyers

• Request a vehicle history report before purchase to check for prior lemon law returns
• Have an independent mechanic inspect the vehicle before you buy
• Get all warranty promises in writing from the dealer
• Ask whether the vehicle was ever returned under any state's lemon law
• Keep all purchase documents, repair records, and communications

Filing a Consumer Complaint

The North Dakota Attorney General's Consumer Protection Division can assist with complaints related to vehicle purchases, including deceptive practices.

Contact Information

• Phone: (701) 328-3404
• Toll-free (within ND): 1-800-472-2600
• Online: attorneygeneral.nd.gov/consumer-resources/consumer-complaints/

The Consumer Protection Division mediates complaints between consumers and businesses. While it does not handle individual lemon law claims, it can help with fraud, misrepresentation, and deceptive trade practice complaints.

North Dakota Lemon Law vs. Federal Warranty Law

Understanding both options helps you choose the best legal strategy for your situation.

More North Dakota Laws

• North Dakota Car Accident Laws

Frequently Asked Questions

How many repair attempts trigger North Dakota's Lemon Law?

North Dakota's lemon law presumption applies when the same nonconformity has been subject to repair more than three times within the express warranty term or one year from original delivery, whichever is earlier. Alternatively, the presumption applies if the vehicle has been out of service for a cumulative total of at least 30 business days during the same period.

Does North Dakota's Lemon Law cover leased vehicles?

Yes. Vehicles leased for personal, family, or household purposes are covered under North Dakota's lemon law. For leased vehicles, the refund consists of the sum of all lease payments previously made, minus a reasonable allowance for the consumer's use of the vehicle.

What is the deadline for filing a lemon law claim in North Dakota?

You must file your lemon law action within six months after the earlier of two dates: the expiration of the express warranty term or eighteen months after the date of original delivery. Missing this deadline bars your claim permanently.

How is the usage offset calculated for a lemon law refund in North Dakota?

The manufacturer may deduct a reasonable allowance for your use of the vehicle, but this amount cannot exceed 10 cents per mile driven or 10% of the purchase price, whichever is less. For example, on a $30,000 vehicle driven 3,000 miles, the per-mile calculation ($300) would apply because it is less than 10% of the price ($3,000).

Who decides whether I get a refund or a replacement vehicle under North Dakota's Lemon Law?

The manufacturer decides. Under N.D.C.C. Section 51-07-18, the manufacturer must either replace the vehicle with a comparable one or accept its return and issue a full refund. The statute gives this choice to the manufacturer, not the consumer. Either way, you receive full relief: a comparable new vehicle or a refund of the purchase price minus a capped usage offset.

Do I need to use arbitration before suing under North Dakota's Lemon Law?

It depends on whether your vehicle's manufacturer participates in a qualifying informal dispute settlement procedure that complies with FTC rules under 16 CFR Part 703. If the manufacturer does participate in such a program, you must use it before filing a lawsuit. If not, you may proceed directly to court. North Dakota's lemon law imposes no separate written-notice prerequisite, though Section 51-07-19(3) conditions the repair-attempt presumption on the manufacturer having received prior direct notification and an opportunity to cure.