Lemon Law Demand Letter — North Dakota

NORTH DAKOTA MOTOR VEHICLE WARRANTY DEMAND

DIRECT NOTICE AND OPPORTUNITY TO CURE UNDER N.D.C.C. § 51-07-19(3)

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [DATE]

TO: [MANUFACTURER'S FULL LEGAL NAME]

ATTN: Customer Relations / Legal Department / Lemon Law Administrator

[ADDRESS]

COPY TO: [AUTHORIZED DEALER NAME AND ADDRESS]

Consumer: [________________________________]

Vehicle: [YEAR / MAKE / MODEL / TRIM]

VIN: [________________________________]

Original-delivery date: [DATE]

Current odometer: [________] miles

Same-nonconformity repair attempts: [________]

Business days out of service for repair: [________]

Dear Sir or Madam:

This firm represents [CONSUMER] concerning the above Vehicle. This letter directly notifies [MANUFACTURER] of the alleged defect and gives an opportunity to cure before the Consumer relies on the presumption in N.D.C.C. § 51-07-19.

The continuing nonconformity is [DESCRIBE PRECISELY]. It substantially impairs both the Vehicle's use and market value. If the Manufacturer remains unable after a reasonable number of attempts to conform the Vehicle to the applicable express warranty, § 51-07-18(1) requires a comparable replacement passenger motor vehicle or acceptance of return and the statutory refund.

1. COVERAGE AND REPORTING PERIOD

The Consumer is the [NON-RESALE PURCHASER / NON-RESALE LESSEE / QUALIFYING TRANSFEREE / PERSON ENTITLED TO ENFORCE THE WARRANTY] of a passenger motor vehicle normally used for personal, family, or household purposes. N.D.C.C. § 51-07-16(1).

The Vehicle 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. § 51-07-16(2).

The Consumer reported the nonconformity during the earlier of the express-warranty term or one year after original delivery. The Manufacturer, its agent, or its authorized dealer must make the necessary warranty repairs even if the repairs occur later. § 51-07-17.

2. NONCONFORMITY AND REPAIR HISTORY

• Condition: [DETAILS]
• Impairment of use: [DETAILS]
• Impairment of market value: [DETAILS]
• Current symptoms: [DETAILS]
• Evidence: [REPAIR ORDERS / PHOTOGRAPHS / RECORDINGS / DIAGNOSTICS / EXPERT MATERIAL]

The nonconformity did not result from abuse, neglect, or unauthorized modification or alteration by the Consumer. § 51-07-18(2).

3. REASONABLE-NUMBER PRESUMPTION

Select each supported route 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 the Manufacturer, 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.
• ☐ Reasonable attempts without presumption. The following facts establish a reasonable number of unsuccessful attempts: [DETAILS].

The presumption does not apply until the Manufacturer receives prior direct notification and an opportunity to cure. § 51-07-19(3). North Dakota sets no fixed statutory cure period. Please contact [NAME / PHONE / EMAIL] by [DATE] to arrange a prompt final opportunity; that requested response date is not a statutory deadline.

4. REPLACEMENT OR REFUND

Section 51-07-18(1) requires the Manufacturer to provide a comparable passenger motor vehicle or accept return and refund the full purchase price, including collateral charges, less the reasonable use allowance. The statute does not state that the Consumer elects between those alternatives.

Purchaser refund calculation

The state Article does not add finance charges, incidental damages, consequential damages, attorney fees, punitive damages, or treble damages to this refund.

Use allowance

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

Leased Vehicle

If the Vehicle is leased and the Manufacturer tenders refund, N.D.C.C. § 51-07-18.1 requires:

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

5. INFORMAL PROCEDURE

If the Manufacturer established or participates in an informal procedure substantially complying with the substantive rules of 16 C.F.R. Part 703, or participates in a binding consumer-and-industry appeals, arbitration, or mediation appeals board, the Consumer must first resort to it before the § 51-07-18(1) remedy is available. N.D.C.C. § 51-07-18(3).

• ☐ Provide the qualifying procedure, rules, filing instructions, and any Attorney General qualification determination immediately.
• ☐ No qualifying procedure is available.
• ☐ The Consumer completed the procedure on [DATE]; the record and result are enclosed.

If the Consumer requests an oral presentation before the qualifying board or mechanism, the hearing must occur in the Consumer's state of residence.

6. EXCLUSIVE REMEDY AND SHORT DEADLINE

By electing the remedy under N.D.C.C. §§ 51-07-16 through 51-07-22, the Consumer is foreclosed under § 51-07-20 from pursuing another remedy arising from the same facts and circumstances. Counsel must make that election deliberately; this form does not combine state lemon-law, UCC, consumer-fraud, or federal warranty claims.

An action must commence within six months after the earlier of express-warranty expiration or 18 months after original delivery. § 51-07-21.

Sending this letter does not extend the filing deadline.

7. DEMAND AND PRESERVATION REQUEST

The Consumer demands that the Manufacturer:

1. Confirm receipt of this direct notice;
2. Arrange a prompt final opportunity to cure;
3. If unable to conform the Vehicle after a reasonable number of attempts, provide a comparable replacement or accept return and pay the correctly calculated purchaser or lessee refund;
4. Identify any qualifying informal procedure immediately; and
5. Preserve the Vehicle and relevant warranty, repair, technical, communications, and electronically stored records while this dispute is pending.

Please respond by [DATE]. The response date is contractual, not statutory, and does not extend the § 51-07-21 deadline.

Respectfully submitted,

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

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for [CONSUMER]

8. ENCLOSURES

• ☐ Purchase or lease, original-delivery, registered-weight, house-car-status, lien, and lessor records
• ☐ Applicable express warranties
• ☐ Direct notice and delivery proof
• ☐ Complete repair orders and business-day calculation
• ☐ Evidence of continuing nonconformity and impairment of both use and market value
• ☐ Purchase price, collateral charges, lease payments, lessor costs, mileage, and use calculation
• ☐ Qualifying informal-procedure materials and record, if any

9. SOURCE

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