No one wants to deal with car trouble, let alone for a brand new vehicle. Did you know that there are laws that protect new car buyers from purchasing faulty vehicles?
Does North Dakota Have a Lemon Law?
Every state has Lemon Laws that help new car buyers receive compensation in the event that they have purchased a faulty, unsafe, or poor vehicle. Lemon Laws protect consumers and hold auto companies liable for manufacturing issues. You can find out if your new vehicle might be a lemon by reading North Dakota’s Lemon Laws.
What is Lemon Law in North Dakota?
North Dakota Century Code, 51-07-16 to 51-07-22
51-07-16 Definitions.
As used in sections 51-07-16 through 51-07-22, and unless the context otherwise requires:
1.
“Consumer” means the purchaser or lessee, other than for purposes of resale or lease, of a passenger motor vehicle normally used for personal, family, or household purposes. The term includes any person to whom the passenger motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to that passenger motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
2.
“Passenger motor vehicle” means a passenger motor vehicle as defined in section 39-01-01 or a truck with registered gross weight of ten thousand pounds [4536 kilograms] or less which is sold or leased in this state. The term does not include a house car, as defined in section 39-01-01.
51-07-17 Duty of manufacturer to repair defective passenger motor vehicles.
If a new passenger motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during the period of one year following the date of original delivery of the passenger motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make the repairs necessary to conform the passenger motor vehicle to the express warranties, notwithstanding the fact that the repairs might be made after the expiration of the warranty or one-year period.
51-07-18 Duty to replace defective passenger motor vehicle or refund price.
Prerequisite of using available informal dispute settlement process.
1.
If the manufacturer, its agent, or its authorized dealer is unable to make the passenger motor vehicle conform to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value of the passenger motor vehicle, after a reasonable number of attempts, the manufacturer shall replace that passenger motor vehicle with a comparable passenger motor vehicle or accept return of the passenger motor vehicle from the consumer, and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer’s use of the vehicle not exceeding ten cents per mile [1.61 kilometers] driven or ten percent of the purchase price, whichever is less. Refunds must be made to the consumer, the lessor, and the lien holder, if any, as their interests ay appear. A reasonable allowance for use is the amount directly attributable to use by the consumer before the consumer’s first report of the nonconformity to the manufacturer, agent, or dealer, and during any subsequent period when the vehicle is not out of service for repair.
2.
It is an affirmative defense to any claim under sections 51-07-16 through 51-07-22:
a. That an alleged nonconformity does not substantially impair the use and market value of the passenger motor vehicle; or
b. That a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the passenger motor vehicle by a consumer.
3.
If a manufacturer has established or participates in an informal dispute settlement procedure that substantially complies with the substantive rules of the federal trade commission, 16 CFR 703, or if the manufacturer participates in a consumer and industry appeals, arbitration, or mediation appeals board whose decisions are binding on the manufacturer, the remedy under subsection 1 is not available to a consumer who has not first resorted to that procedure. If the consumer requests an oral presentation before the board or dispute settlement mechanism, the hearing must take place in the state in which the consumer resides. The attorney general shall, on application, issue a determination of whether an informal dispute resolution mechanism qualifies under this subsection.
51-07-18.1 Refunds for leased passenger motor vehicles.
In any case in which a refund is tendered by a manufacturer for a leased motor vehicle under section 51-07-18, the refund and rights of the motor vehicle lessor, lessee, and manufacturer are as follows:
1.
The manufacturer shall provide to the lessee the sum of all payments previously paid to the motor vehicle lessor by the lessee less a reasonable allowance for the consumer’s use of the vehicle. Payments include all cash payments, security deposits, and trade-in allowance, if any, tendered by the lessee to the motor vehicle lessor under the lease agreement.
2.
The manufacturer shall provide to the motor vehicle lessor the sum of the following:
a. The lessor’s actual purchase cost, less payments made by the lessee;
b. The freight cost, if applicable;
c. The cost for dealer or manufacturer installed accessories, if applicable; and
d. An amount equal to five percent of the lessor’s actual purchase cost as provided in subdivision a. The amount in this subdivision is in lieu of any early termination costs or penalties described in the lease agreement.
3.
Upon return of the passenger motor vehicle, the consumer’s lease agreement with the lessor is terminated and no penalty for early termination may be assessed.
4.
Any refund to be paid to the motor vehicle lessor must be made to the lessor and lien holder, if any, as their interests may appear.
51-07-19 Presumptions.
1.
It is presumed that a reasonable number of attempts have been undertaken to make a passenger motor vehicle conform to the applicable express warranties, if:
a. 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.
b. 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.
2.
The term of an express warranty, the one-year period, and the thirty-day period, are extended by any period during which repair services are not available to the consumer because of war, invasion, strike,
fire, flood, or other natural disaster.
3.
The 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.
51-07-20 Exclusive remedy.
A consumer who elects to proceed under sections 51-07-16 through 51-07-22 is foreclosed from pursuing any other remedy arising out of the facts and circumstances which gave rise to the claim under sections 51-07-16 through 51-07-22. 51-07-21. Limitation of actions. An action brought under sections 51-07-16 through 51-07-22 must be commenced 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 passenger motor vehicle to a consumer.
51-07-22 Resale of returned passenger motor vehicles – Penalty.
1.
A person may not sell or lease in this state a passenger motor vehicle that was returned to the manufacturer in accordance with sections 51-07-16 through 51-07-22, unless the manufacturer provides:
a. The same express warranty it provided to the original purchaser, except the term of the warranty must be for at least twelve thousand miles or twelve months after the date of resale, whichever is earlier; and
b. The purchaser a statement on a separate document that must be signed by the manufacturer and the purchaser and must be in ten point, capitalized type, in substantially the following form:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE DEFECTS COVERED BY THE MANUFACTURER’S EXPRESSED WARRANTY WERE NOT REPAIRED WITHIN A REASONABLE TIME AS PROVIDED BY NORTH DAKOTA LAW”.
2.
A person may not ship or deliver for resale or lease in another state a passenger motor vehicle returned to the manufacturer in accordance with sections 51-07-16 through 51-07-22 unless full disclosure of the reasons for return is made to any prospective buyer.
3.
Violation of this section is a class B misdemeanor.
When does a vehicle qualify as a Lemon in North Dakota?
Research your state’s Lemon Laws to determine what qualifies as a lemon and what does not. Every state has different qualifications for new vehicles and the only way to know if you have a case is to read the laws. If you aren’t sure your vehicle is protected under the state laws, reach out to our team to speak with one of our experienced lemon law attorneys today. You can get ahold of us by calling (888)353-0456 or filling out the contact page on our website.
Is a used car covered under North Dakota Lemon Law?
Used cars are not typically protected under state Lemon Laws unless you have a warranty. In some states, used cars with current warranties may entitle you to some compensation. Most state lemon laws specifically protect new vehicles that are found to be in poor condition or not safe to drive. Laws tend to change over time, so it’s important to stay up to date with your state’s requirements.
When do I need a North Dakota based Lemon Law Attorney?
You can reach out to one of our knowledgeable Lemon Law attorneys as soon as you think you have a case. Many people aren’t familiar with legal proceedings, so don’t feel like you have to go it alone. Let us help you with your case and get you what you deserve. We are here to answer any questions you may have regarding your state Lemon Law and can help you figure out if your case is viable.
How do Lemon Law Attorneys in North Dakota protect my rights?
Our highly skilled Lemon Law attorneys know what the state laws are regarding lemons and will guide you through the process of accessing your legal rights to get the recourse you are due. Our attorneys will help you understand how the laws pertain to your case and what steps must be taken to get you what you deserve. We have experience in going against big name auto manufacturing companies so you can feel confident that you are in good hands.
How long do Lemon Law cases in North Dakota typically take to get resolved?
There is no specific time limit for Lemon Law cases, but most cases tend to reach a resolution within two to three months. After your first meeting with one of our attorneys we can provide you with an estimated timeline for your case so you know what to expect. Additionally, throughout your case we will provide you with status updates and keep you well informed.
How much will a North Dakota Lemon Attorney cost to hire?
In Lemon Law cases, the responsible auto manufacturing company is required to cover all legal fees, meaning you won’t have to pay anything. If we don’t win your case, you don’t owe any money.
What are some of the areas that that Lemon Law Lawyers in North Dakota cover?
Our team of expert Lemon Law attorneys are conveniently located throughout the state of North Dakota. Contact us to find one near you. We provide service to the following cities and many others:
- Fargo
- Bismarck
- Grand Forks
- Minot
- West Fargo
- Williston
- Dickinson
- Mandan
- Jamestown
- Wahpeton
- Devils Lake
- Valley City
- Watford City
- Grafton
- Lincoln
- Beulah
- Rugby
- Stanley
- Grand Forks AFB
- Minot AFB
- Horace
- New Town
- Casselton
- Hazen
- Bottineau
- Lisbon
- Belcourt
- Carrington
- Mayville
- Oakes
- Langdon
- Harvey
- Bowman
- Hillsboro
Contact us today if your vehicle is a lemon! We are here to help!
