North Dakota Lemon Law: Complete Guide for 2026

Last verified: February 2026

Key Points

Primary Law: North Dakota Motor Vehicle Warranty Enforcement Act (N.D.C.C. Chapter 51-07, Sections 51-07-16 to 51-07-22)
Coverage: New motor vehicles purchased or leased in North Dakota with manufacturer warranty
Presumption: 3+ repair attempts for same defect OR 30+ business days out of service within warranty term
Remedies: Refund or replacement vehicle at consumer’s choice
Notice Requirement: Written notice via certified mail required before seeking remedy
Arbitration: Manufacturer must provide informal dispute resolution procedure

Quick Penalties Overview

Violation Type	Consumer Remedy	Additional Damages
Failure to repair after reasonable attempts	Refund or replacement vehicle	Reasonable attorney fees and costs
Manufacturer refuses to comply with law	Court-ordered refund or replacement	Civil penalty up to $1,000 per violation
Failure to disclose lemon buyback status	Rescission of sale possible	Damages under consumer protection laws

📑 Table of Contents (click to expand)

North Dakota Lemon Law Overview
What Vehicles Are Covered
North Dakota’s Lemon Law Presumption
Consumer Remedies: Refund vs. Replacement
How to File a Lemon Law Claim
Manufacturer Defenses
Used Vehicle Protections
Dispute Resolution Procedures
Statute of Limitations
Frequently Asked Questions
Resources and Legal Help

North Dakota Lemon Law Overview

North Dakota’s Lemon Law is codified in the North Dakota Century Code Chapter 51-07, Sections 51-07-16 through 51-07-22, known as the Motor Vehicle Warranty Enforcement Act. This law provides protection for consumers who purchase or lease new motor vehicles that turn out to be defective.

Under North Dakota law, if a new vehicle has a defect or condition that substantially impairs its use and value, and the manufacturer or its authorized dealer is unable to repair the vehicle after a reasonable number of attempts, the consumer is entitled to either a refund of the purchase price or a replacement vehicle. The law applies during the express warranty term or within one year of original delivery, whichever is longer.

North Dakota’s Lemon Law is designed to ensure that manufacturers stand behind their products and that consumers are not left with unreliable vehicles. The law requires manufacturers to establish informal dispute resolution procedures, giving consumers an accessible path to resolve disputes without immediate resort to litigation.

What Vehicles Are Covered

The North Dakota Lemon Law covers specific types of vehicles purchased or leased in the state.

Covered Vehicle Types

New passenger vehicles: Cars, sedans, coupes, and similar vehicles
Trucks: Pickup trucks and light-duty trucks
Vans: Including minivans and passenger vans
SUVs: Sport utility vehicles
Leased vehicles: Vehicles leased for personal, family, or household purposes
Demonstrator vehicles: Demo vehicles sold as new

Vehicles Not Covered

Used vehicles
Motorcycles (may have limited coverage)
Commercial vehicles used primarily for business purposes
Off-road vehicles not designed for highway use
Vehicles purchased outside North Dakota
Motorhomes and recreational vehicle living quarters

North Dakota’s Lemon Law Presumption

Under N.D.C.C. Section 51-07-18, North Dakota creates a rebuttable presumption that a reasonable number of repair attempts have been made if certain conditions are met.

The Lemon Law Presumption Applies When:

Condition	Requirement	Details
Repair Attempts (Same Problem)	3 or more attempts	Same nonconformity substantially impairing use and value
Days Out of Service	30 or more cumulative business days	Vehicle unavailable for repair of nonconformities
Coverage Period	Within express warranty term	Or within 1 year of original delivery, whichever is longer
Written Notice	Required before remedy	Certified mail to manufacturer with opportunity to repair

Note: North Dakota requires only 3 repair attempts (compared to 4 in many states), making it somewhat more consumer-friendly in this regard. However, the law uses business days for the out-of-service calculation.

What Qualifies as a “Substantial” Defect?

A defect is substantial if it impairs the use and value of the motor vehicle to the consumer. Examples include:

Engine failures or persistent problems
Transmission malfunctions
Brake system defects
Steering problems
Electrical system failures
Safety system malfunctions (airbags, stability control)
Heating or cooling system failures
Persistent warning lights indicating mechanical problems

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under North Dakota law, the consumer may choose between two remedies.

Option 1: Full Refund (Buyback)

The manufacturer must refund:

Full purchase price: Contract price of the vehicle
Collateral charges: Sales tax, license, registration, and similar fees
Finance charges: Interest and financing costs
Incidental damages: Reasonable expenses caused by the nonconformity

Usage Offset: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. This is typically calculated based on miles driven before the first repair attempt.

Option 2: Replacement Vehicle

Instead of a refund, the consumer may request a comparable replacement vehicle. The replacement should be:

Of the same or equivalent value
Acceptable to the consumer
Covered by the manufacturer’s warranty

How to File a Lemon Law Claim in North Dakota

Filing a lemon law claim in North Dakota requires following specific procedures.

Step 1: Document All Repairs and Communications

Keep copies of all repair orders and invoices
Record dates the vehicle was brought in for service
Document the problems reported and repairs attempted
Count the number of business days the vehicle was unavailable
Save all written correspondence

Step 2: Send Written Notice to the Manufacturer

Before seeking a remedy, you must send written notification to the manufacturer via certified mail. The notice must:

Describe the nonconformity
Include vehicle identification information
Request repair or state your desired remedy

Step 3: Allow Final Repair Opportunity

The manufacturer is entitled to a final opportunity to repair the vehicle. Make the vehicle available at a reasonably accessible repair facility.

Step 4: Use Informal Dispute Resolution

If the manufacturer has an informal dispute resolution procedure that complies with federal regulations, you may be required to use it before filing a lawsuit.

Step 5: Pursue Court Action If Necessary

If the dispute is not resolved through informal procedures, you may file a lawsuit in North Dakota courts.

Manufacturer Defenses

Manufacturers may assert various defenses to avoid lemon law liability.

Common Manufacturer Defenses

Defense	Manufacturer’s Argument	Consumer’s Counter
Consumer abuse or neglect	Defect caused by owner misuse	Provide maintenance records and evidence of proper care
Unauthorized modifications	Aftermarket parts caused the problem	Show defect existed before modifications or is unrelated
Defect not substantial	Problem does not impair use and value	Document how defect affects daily use of vehicle
No written notice provided	Consumer failed to send required notice	Keep certified mail receipts
Outside warranty period	Defect reported after coverage expired	Verify first report was within coverage period

Used Vehicle Protections

North Dakota’s Lemon Law applies only to new vehicles. However, used vehicle buyers may have other protections.

Alternative Protections for Used Vehicle Buyers

Remaining manufacturer warranty: If original warranty is still in effect
Dealer warranties: Written warranties provided by the selling dealer
North Dakota Consumer Fraud Act: Protects against deceptive trade practices
Federal Magnuson-Moss Warranty Act: Federal warranty protections

Tips for Used Vehicle Buyers

Request a vehicle history report before purchase
Have the vehicle inspected by an independent mechanic
Get all warranty promises in writing
Keep all documentation of repairs and communications

Dispute Resolution Procedures

North Dakota law requires manufacturers to provide informal dispute resolution procedures for consumers.

Manufacturer Arbitration Programs

Many manufacturers offer arbitration programs that comply with federal FTC regulations. These programs provide a quicker, less expensive alternative to court proceedings.

Advantages of Informal Dispute Resolution

Typically faster than litigation
Usually free or low-cost to consumers
Less formal process
May preserve the right to sue if unsatisfied with result

When Court Action May Be Necessary

If informal dispute resolution is not available or does not resolve your claim, you may file a lawsuit. Prevailing consumers may recover reasonable attorney fees.

Statute of Limitations

Understanding time limits is essential for North Dakota lemon law claims.

Key Deadlines

Coverage period: Defect must occur within the express warranty term or 1 year from delivery, whichever is longer
Written notice: Must be sent before seeking remedy
Lawsuit filing: Generally follows North Dakota’s contract statute of limitations (6 years)

Best Practice: File your claim promptly after the vehicle qualifies as a lemon. Delays can affect your case and your recovery amount.

Frequently Asked Questions

How many repair attempts are required under North Dakota’s Lemon Law?

North Dakota requires 3 or more repair attempts for the same nonconformity before the presumption applies. Alternatively, if the vehicle has been out of service for 30 or more cumulative business days for repairs, it may qualify as a lemon.

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, provided they meet all other requirements.

Is written notice to the manufacturer required?

Yes, North Dakota law requires consumers to send written notification to the manufacturer via certified mail before seeking a refund or replacement. This gives the manufacturer a final opportunity to repair the vehicle.

What is the coverage period under North Dakota’s Lemon Law?

The coverage period is the term of the express warranty or one year from the date of original delivery, whichever is longer. Defects must be reported during this period.

Can I recover attorney fees under North Dakota’s Lemon Law?

Yes, if you prevail in a lemon law action, the court may award reasonable attorney fees and costs.

Does North Dakota’s Lemon Law cover used vehicles?

No, the North Dakota Lemon Law covers only new vehicles. Used vehicle buyers may have protections under the original warranty (if still active), dealer warranties, or consumer protection statutes.