DEMAND LETTER – NORTH DAKOTA LEMON LAW
To: [Manufacturer/Distributor/Dealer]
From: [Consumer/Attorney]
Date: [DATE]
Vehicle: [Year/Make/Model/VIN]
Purchase/Lease: [DATE]; Mileage at delivery: [###]; Current mileage: [###]
1. DEFECTS AND REPAIR HISTORY
- Defect(s) substantially impair use, market value, or safety: [List].
- Repair attempts/days out of service (attach RO's): [Dates, dealer, RO#, days each visit].
- Presumption specifics (N.D. Cent. Code § 51-07-18):
- [ ] Four or more repair attempts for the same nonconformity; OR
- [ ] Thirty (30) or more business days out of service.
- Within express warranty term or 1 year from original delivery, whichever first.
2. LEGAL BASIS
- North Dakota Motor Vehicle Warranties Act, N.D. Cent. Code §§ 51-07-16 to 51-07-22. Manufacturer has had a reasonable number of repair attempts and failed to conform the vehicle to warranty; further attempts would be futile.
3. WRITTEN NOTICE
- This letter serves as written notice per N.D. Cent. Code § 51-07-18. Manufacturer gets one final opportunity to repair.
4. INFORMAL DISPUTE RESOLUTION
- Manufacturer's program (if any): [PROGRAM NAME / None exists].
- Status: [Completed / Not applicable / Pending].
5. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Collateral charges: [$]
- Sales/use tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use: [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle plus reimbursement of incidental costs.
6. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.
7. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under N.D. Cent. Code § 51-07-20.
8. ATTACHMENTS
- Exhibit A: Purchase/lease agreement.
- Exhibit B: Repair orders/invoices.
- Exhibit C: Towing/rental receipts.
- Exhibit D: Prior correspondence/notices.
Signed:
[Name/Attorney]
[Address/Email/Phone]