Lemon Law Complaint - North Dakota

NORTH DAKOTA MOTOR VEHICLE WARRANTY COMPLAINT

1. CAPTION

IN DISTRICT COURT, [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[COUNTY] COUNTY, STATE OF NORTH DAKOTA

Civil No. [________________]

COMPLAINT UNDER N.D.C.C. §§ 51-07-16 THROUGH 51-07-21

Plaintiff alleges:

2. PARTIES, COURT, AND VEHICLE

1. Plaintiff [NAME] resides in [COUNTY, STATE] and is a “consumer” under N.D.C.C. § 51-07-16(1) because Plaintiff is the [NON-RESALE PURCHASER / NON-RESALE LESSEE / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of the Vehicle, which is normally used for personal, family, or household purposes.

2. Defendant [NAME] is the Vehicle's manufacturer and may be served through [AGENT AND ADDRESS].

3. On [DATE], Plaintiff acquired a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), in North Dakota. The transaction documents are attached as Exhibit A.

4. The Vehicle is a passenger motor vehicle under § 51-07-16(2) because it is [A PASSENGER MOTOR VEHICLE AS DEFINED IN § 39-01-01 / A TRUCK WITH REGISTERED GROSS WEIGHT OF 10,000 POUNDS OR LESS], was sold or leased in North Dakota, and is not a house car.

5. Defendant's applicable express warranties are attached as Exhibit B.

6. This Court has jurisdiction and venue because [STATE CURRENT FACTUAL AND LEGAL BASIS].

3. REPORT, REPAIR HISTORY, AND IMPAIRMENT

7. During the earlier of the express-warranty term or one year after original delivery, Plaintiff reported each claimed nonconformity to Defendant, its agent, or its authorized dealer. N.D.C.C. § 51-07-17.

8. Defendant, its agent, or its authorized dealer was required to make the repairs necessary to conform the Vehicle to the express warranties even if those repairs occurred after that period.

9. The repair history is:

10. The continuing defect or condition is [DESCRIBE PRECISELY].

11. It substantially impairs both the Vehicle's use and its market value. N.D.C.C. § 51-07-18(1).

12. The nonconformity did not result from Plaintiff's abuse, neglect, or unauthorized modification or alteration. § 51-07-18(2).

4. REASONABLE-NUMBER PRESUMPTION AND DIRECT NOTICE

13. Select each presumption supported under N.D.C.C. § 51-07-19(1):

• ☐ More than three repairs. The same nonconformity continued to exist despite repair more than three times by Defendant, its agent, or its authorized dealer during the earlier of the express-warranty term or one year after original delivery.
• ☐ Thirty business days. The Vehicle was out of service for repair for at least 30 cumulative business days during the warranty term or in a year, whichever is less.

14. Before relying on the presumption, Plaintiff directly notified Defendant of the alleged defect and gave Defendant an opportunity to cure. The notice, delivery proof, and cure-opportunity record are attached as Exhibit C. § 51-07-19(3).

15. The supporting repair and day-count facts are [DETAILS].

16. Any claimed extension of the express-warranty term, one-year period, or 30-day period is limited to a period when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. § 51-07-19(2).

5. INFORMAL-PROCEDURE PREREQUISITE

17. Select the applicable route under N.D.C.C. § 51-07-18(3):

• ☐ Defendant did not establish or participate in an informal procedure substantially complying with the substantive rules of 16 C.F.R. Part 703 and did not participate in a binding consumer-and-industry appeals, arbitration, or mediation appeals board.
• ☐ Defendant had a qualifying procedure, and Plaintiff first resorted to it on [DATE]. The procedure, Attorney General determination if any, submission, and result are attached as Exhibit D.

18. If Plaintiff requested an oral presentation before a qualifying board or mechanism, it took place in Plaintiff's state of residence on [DATE].

6. SHORT FILING DEADLINE

19. Under N.D.C.C. § 51-07-21, this action had to commence within six months after the earlier of express-warranty expiration or 18 months after original delivery.

20. The express warranty expired on [DATE]. Eighteen months after original delivery was [DATE]. The earlier event was [EVENT] on [DATE], and six months afterward was [DATE].

21. Plaintiff commenced this action by that deadline.

7. STATUTORY REMEDY

22. After a reasonable number of attempts, Defendant, its agent, or its authorized dealer was unable to conform the Vehicle to the applicable express warranty by correcting the substantially impairing defect or condition.

23. Under N.D.C.C. § 51-07-18(1), Defendant must replace the Vehicle with a comparable passenger motor vehicle or accept its return and pay the statutory refund.

24. Defendant has provided neither alternative.

25. If Defendant provides a purchaser refund, the calculation is:

26. The use allowance may not exceed the lesser of ten cents per qualifying mile or 10% of the purchase price. Qualifying use includes use before Plaintiff's first report and later periods when the Vehicle was not out of service for repair. § 51-07-18(1).

27. A purchaser refund must be allocated among Plaintiff, the lessor, and any lienholder as their interests appear. § 51-07-18(1).

28. If Plaintiff is a lessee and Defendant tenders refund, § 51-07-18.1 requires:

• payment to Plaintiff of all lease payments, cash payments, security deposits, and trade-in allowance, less the reasonable use allowance;
• payment to the lessor of its actual purchase cost less Plaintiff's payments, freight, qualifying installed-accessory cost, and 5% of actual purchase cost in lieu of early-termination charges;
• termination of the lease without early-termination penalty upon return; and
• allocation of the lessor refund to the lessor and lienholder as their interests appear.

8. COUNT I — NORTH DAKOTA MOTOR VEHICLE WARRANTIES

29. Plaintiff incorporates paragraphs 1 through 28, with unused alternatives deleted.

30. Plaintiff is a consumer and the Vehicle is a covered passenger motor vehicle under § 51-07-16.

31. Plaintiff timely reported the nonconformity, allowed a reasonable number of attempts, gave direct notice and an opportunity to cure, and first resorted to any qualifying informal procedure.

32. Defendant violated §§ 51-07-17 and 51-07-18 by failing to conform the Vehicle and failing to provide a comparable replacement or statutory refund.

33. Plaintiff elects to proceed under §§ 51-07-16 through 51-07-22 and acknowledges that § 51-07-20 forecloses other remedies arising from the same facts and circumstances.

34. The state Article does not authorize attorney fees, incidental damages, consequential damages, punitive damages, or treble damages. Plaintiff seeks only the remedy authorized by the cited sections.

9. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Determining that Defendant violated N.D.C.C. §§ 51-07-16 through 51-07-21;
2. Ordering Defendant to provide a comparable passenger motor vehicle or accept return and pay the correct purchaser or lessee refund;
3. If refund is provided, ordering the correct use allowance and allocation among Plaintiff, the lessor, and any lienholder;
4. Granting any further relief authorized by the pleaded sections and consistent with § 51-07-20.

10. JURY DEMAND

Plaintiff demands a jury trial on all issues so triable. Confirm jury availability for the requested statutory remedy before filing.

11. SIGNATURE BLOCK

Dated: [DATE]

Respectfully submitted,

[ATTORNEY NAME], N.D. Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease, original-delivery, registered-weight, house-car-status, lien, and lessor records
• ☐ Exhibit B — Applicable express warranties
• ☐ Exhibit C — Direct notice, delivery proof, cure opportunity, repair orders, and business-day calculation
• ☐ Exhibit D — Qualifying informal-procedure materials, Attorney General determination, submission, hearing, and result
• ☐ Exhibit E — Evidence of continuing nonconformity and impairment of both use and market value
• ☐ Exhibit F — Purchase price, collateral charges, lease payments, lessor costs, mileage, and use-allowance calculation
• ☐ Exhibit G — Warranty-expiration, original-delivery, 18-month, and six-month deadline calculation

13. SOURCE

• North Dakota Legislative Branch — N.D.C.C. chapter 51-07