You are currently viewing our Lemon Law reference page for : North Dakota – Code §51-07-16
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Vehicles Covered:
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Passenger vehicles as defined in statutes, or
trucks under 10,000lbs gross vehicle weight, sold or leased in state:
Excludes house cars.
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Persons Covered:
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Purchasers, transferees or lessees during express
warranty period or any person entitled to enforce the warranty.
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Period Covered:
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Whichever is first: term or express warranty,
or within one year from date of original delivery.
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Notice Requirement:
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(a) Manufacturer – none; (b) Consumer – report
of the nonconformity to the manufacturer from or on behalf of the consumer;
opportunity to cure.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to three or
more repairs, or the vehicle is out of service for a cumulative total
of 30 or more business days within one year.
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Affirmative Defenses:
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The nonconformity does not significantly impair
the use or market value of the vehicle, or is the result of abuse, neglect,
or any unauthorized modifications or alterations.
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Replacement/Refund:
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At the consumer's option, the manufacturer shall
replace with a comparable vehicle, or refund the full purchase price less
a reasonable allowance (defined).
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Other Reimbursement:
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Collateral charges, refunds to the consumer
and lien holder.
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Other remedies:
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Exclusive remedy; if proved under this section,
a consumer may not pursue other remedies.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided that it complies with 16 C.F.R. 703.
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Dealer Liability:
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None.
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Resale of Lemon:
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Must provide full disclosure and a 12-month
or 12,000 mile warranty for vehicles sold in state, may not ship to another
state unless full disclosure is made.
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