North Dakota consumers who purchase new cars are entitled to a true new-car experience: a car in perfect condition. Unfortunately, that’s not what many car buyers receive. Instead, they receive a “lemon” – a car that has a defect(s) that constantly re-occurs despite multiple trips to the dealer for repairs. When this happens, however, you are not without a remedy. The North Dakota Lemon Law protects consumers against this very situation as does the Magnuson-Moss Warranty Act (more commonly known as the Federal Lemon Law). If you purchased a defective vehicle in North Dakota, an experienced North Dakota Lemon Law attorney at Krohn & Moss, Ltd. Consumer Law Center®can help you to navigate these laws and seek relief for your defective vehicle.
North Dakota Lemon Law Info:
The North Dakota Lemon Law applies to passenger motor vehicles sold or leased in North Dakota. This includes vehicles which are designed primarily for carrying people, trucks which weigh 10,000 pounds or less or any vehicles which use a truck chassis but seat four or more people. It does not, however, apply to motor homes. However, the Federal Lemon Law extends more broadly and applies to all consumer products covered by a warranty. This includes all kinds of consumer vehicles, as well as electronics, appliances and household products. Thus, even if the vehicle you purchased is not protected under the North Dakota Lemon Law you may very well still be entitled to relief under the Federal Lemon Law.
What Defects Are Covered?
The North Dakota Lemon Law protects consumers from defects which are covered by the manufacturer’s warranty and which substantially impair the use, value or safety of your vehicle. It provides protection for one (1) year from the purchase or lease of the car or for the term of the warranty – which ever expires first. The Federal Lemon Law provides protection for the entire term of the manufacturer’s warranty and protects against all defects covered by that warranty, regardless of the severity of the problem.
Under the North Dakota Lemon Law, the manufacturer must repair all covered defects. If it is unable to do so, the buyer is entitled to additional relief, as described below.
What Does the Manufacturer Have to Do?
Before it must provide additional relief, the manufacturer is entitled to a “reasonable number of attempts” to repair the problem(s) with the vehicle. The North Dakota Lemon Law presumes that a manufacturer has had a “reasonable number of repair attempts” if it has attempted to repair the same problem three (3) or more times or if its repair attempts have lasted a total of thirty (30) days or more regardless of whether split into one (1) or more attempts or involves one (1) or more different defects.
In addition, you must participate in any state-approved arbitration program if the manufacturer has put such a program in place. An experienced North Dakota Lemon Law Attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to navigate this process without forfeiting your rights and help you to seek the best possible result.
What Can I Get?
If the manufacturer is unable to repair the vehicle after a “reasonable number of attempts,” then it must either repurchase your “lemon” or provide a replacement vehicle. If the manufacturer repurchases the vehicle, it must refund the full purchase price, as well as all collateral charges such as license and registration fees, taxes, finance charges and other expenses you incurred. It may deduct from your refund amount, however, a reasonable allowance for your use of the vehicle (as defined by the North Dakota Lemon Law).
If the manufacturer provides a replacement vehicle, it must be identical or comparable to the original vehicle.
How Do I Get Relief?
Call Krohn & Moss, Ltd. Consumer Law Center®or submit your information to us online to see if you qualify under either the North Dakota Lemon law or the Federal Lemon Law. You may be entitled to a refund of your money, a replacement vehicle or cash compensation. We have handled thousands of claims since 1995 for both “lemon” automobiles and other consumer products and since that time, over 97% of our cases have settled without going to trial. We will work to get your claim settled as quickly as possible.
We work with North Dakota attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in of-counsel relationships to handle lemon law claims for consumers in North Dakota. We stay informed of the newest legal developments so you can get the best results for your lemon law claim.