Lemon Law Demand Letter — North Dakota

LEMON LAW DEMAND LETTER

North Dakota Motor Vehicle Warranties Law — NDCC §§ 51-07-16 to 51-07-22

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

TO MANUFACTURER:
[________________________________] (Manufacturer Legal Name)
ATTN: Customer Relations / Legal Department
[________________________________] (Street Address)
[________________________________] (City, State ZIP)

TO SELLING/SERVICING DEALER:
[________________________________] (Dealer Name)
ATTN: General Manager / Service Director
[________________________________] (Street Address)
[________________________________] (City, State ZIP)

RE: NORTH DAKOTA LEMON LAW STATUTORY NOTICE — DEMAND FOR REPURCHASE OR REPLACEMENT
Consumer: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make/Model/Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________] miles

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") regarding the above-identified vehicle, which qualifies as a "lemon" under the North Dakota Motor Vehicle Warranties Law, NDCC §§ 51-07-16 through 51-07-22. This letter constitutes the written notification required by NDCC § 51-07-18(3) and a formal demand for repurchase or replacement.

THIS LETTER SERVES AS THE MANDATORY WRITTEN NOTICE TO THE MANUFACTURER REQUIRED UNDER NDCC § 51-07-18(3). THE MANUFACTURER HAS TEN (10) BUSINESS DAYS FROM RECEIPT TO MAKE A FINAL REPAIR ATTEMPT.

I. NORTH DAKOTA LEMON LAW — STATUTORY FRAMEWORK

A. Scope and Coverage — NDCC § 51-07-16

North Dakota's Lemon Law applies to new passenger motor vehicles purchased or leased in the state. Under NDCC § 51-07-16(5), "motor vehicle" means a self-propelled vehicle primarily designed for transportation of persons or property over public highways.

Covered vehicles include:

• Passenger cars, trucks, and SUVs
• Vehicles with a gross vehicle weight rating (GVWR) up to 10,000 pounds

Excluded vehicles:

• Motor homes
• Motorcycles
• Vehicles exceeding 10,000 pounds GVWR

B. Manufacturer's Duty to Repair — NDCC § 51-07-17

If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity during the warranty period or within one year of original delivery (whichever is earlier), the manufacturer, its agent, or authorized dealer must make repairs to bring the vehicle into conformity.

C. The "Three Attempts or Thirty Days" Presumption — NDCC § 51-07-18(2)

North Dakota's lemon law creates a rebuttable presumption that a reasonable number of repair attempts have been made if either of the following conditions is met:

Important: North Dakota requires only three repair attempts — fewer than the four attempts required by many other states. This lower threshold reflects stronger consumer protection.

Both thresholds must occur within the express warranty term or within one year of original delivery to the consumer, whichever comes first. NDCC § 51-07-18(2).

D. Written Notice to Manufacturer — NDCC § 51-07-18(3)

Before the consumer may invoke the replacement or refund remedy, the consumer must send written notification to the manufacturer. After receiving notice, the manufacturer has ten (10) business days to attempt a final cure.

If the nonconformity remains after the ten-business-day period, the consumer is entitled to a refund or replacement.

E. Use Offset Formula — NDCC § 51-07-18(1)

North Dakota uses a distinctive use-offset formula. The allowance for the consumer's use of the vehicle shall not exceed the lesser of:

• Ten cents ($0.10) per mile driven prior to the first report of the nonconformity; or
• Ten percent (10%) of the purchase price.

Whichever amount is less is used. This formula is more consumer-friendly than the mileage-based-only formulas used by most states.

F. Informal Dispute Settlement — NDCC § 51-07-18.1

If the manufacturer sponsors an informal dispute settlement procedure that complies with FTC regulations (16 C.F.R. Part 703), the consumer must submit the dispute to that procedure before filing a civil action. However, the consumer is not bound by the arbitration decision and may reject it and proceed to court.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

The defects at issue first appeared and were reported during the applicable warranty period and remain unresolved.

Lemon Law Rights Period: The express warranty term or one year from original delivery, whichever is earlier. NDCC § 51-07-16(3).

IV. DESCRIPTION OF NONCONFORMITY

The vehicle suffers from one or more nonconformities that substantially impair its use and market value as required by NDCC § 51-07-17:

Primary Nonconformity

Additional Nonconformity (if applicable)

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Attach additional repair attempt records as needed.)

Repair History Summary

VI. LEMON LAW QUALIFICATION — NDCC § 51-07-18(2)

Our Client's vehicle meets the statutory presumption of nonconformity under North Dakota law:

☐ Three-Repair-Attempt Threshold Met: The same nonconformity has been subject to repair [____] times (three or more required), satisfying NDCC § 51-07-18(2)(a).

☐ Thirty-Business-Day Threshold Met: The vehicle has been out of service for repair for [____] cumulative business days (thirty or more required), satisfying NDCC § 51-07-18(2)(b).

☐ Both Thresholds Met.

Federal Magnuson-Moss Warranty Act Claim

In addition to the state law claim, our Client has parallel claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312, which provides for recovery of attorney fees and costs to prevailing consumers and allows federal court jurisdiction where the amount in controversy exceeds $50,000 (individual) or $50,000 aggregate (class).

VII. INFORMAL DISPUTE SETTLEMENT — NDCC § 51-07-18.1

☐ Manufacturer has a certified program: [________________________________] sponsors an informal dispute settlement procedure. Our Client will participate as required by NDCC § 51-07-18.1 but is not bound by the decision and reserves the right to reject it and proceed to court.

☐ Manufacturer does not have a certified program: No certified informal dispute settlement procedure exists, and our Client may proceed directly to a civil action under NDCC § 51-07-20.

VIII. DEMAND FOR RELIEF

Pursuant to NDCC § 51-07-18(1), we demand the following:

Option A: Repurchase / Refund — NDCC § 51-07-18(1)(a)

Use Allowance Calculation (NDCC § 51-07-18(1)):

Option B: Replacement — NDCC § 51-07-18(1)(b)

The manufacturer must provide a comparable replacement motor vehicle acceptable to the Consumer, plus payment of all collateral charges and incidental damages.

Additional Relief

1. Attorney Fees and Costs: NDCC § 51-07-20 and 15 U.S.C. § 2310(d)(2) authorize recovery of reasonable attorney fees and court costs to prevailing consumers.

2. Loan/Lease Payoff: The manufacturer must satisfy any outstanding balance owed to the lienholder.

3. Incidental Damages: All costs incurred as a result of the nonconformity, including but not limited to rental vehicles, towing, alternative transportation, lodging, and communication expenses.

IX. FINAL REPAIR OPPORTUNITY — TEN BUSINESS DAYS

This letter provides [________________________________] with the final repair opportunity mandated by NDCC § 51-07-18(3). You have ten (10) business days from receipt of this notice to cure the nonconformity.

Contact the undersigned within five (5) business days to schedule the final repair attempt. The vehicle will be made available at a mutually agreeable authorized dealer location.

If the nonconformity is not cured within the ten-business-day period, our Client will proceed immediately with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all documents, data, and electronically stored information relating to this vehicle, including but not limited to:

☐ All repair orders, warranty claim submissions, and service records for this VIN
☐ All Technical Service Bulletins (TSBs) related to the reported nonconformity
☐ All customer complaints, field reports, and warranty claims for similar defects in the same make/model/year
☐ Communications between the selling dealer and manufacturer regarding this vehicle
☐ Engineering analyses, root cause investigations, and design documents
☐ The vehicle itself — do not destroy, sell, auction, or alter pending resolution

Spoliation of evidence will result in sanctions, adverse inference instructions, and separate claims under North Dakota law.

XI. RESPONSE DEADLINE

Respond in writing within ten (10) business days of receipt with:

1. Your position on whether the vehicle qualifies as a lemon under NDCC § 51-07-18
2. Your offer for repurchase or replacement, with detailed calculations
3. Scheduling of the final repair opportunity, if elected

If we do not receive a satisfactory response, our Client will:

☐ Submit this matter to the manufacturer's certified arbitration program (if applicable)
☐ File a civil action in the appropriate North Dakota District Court under NDCC § 51-07-20
☐ File a complaint with the North Dakota Attorney General — Consumer Protection Division (Bismarck, ND)
☐ File a claim under the Magnuson-Moss Warranty Act in the U.S. District Court for the District of North Dakota

XII. CONCLUSION

Our Client has afforded [________________________________] a full and fair opportunity to repair this vehicle. After [____] repair attempts and [____] business days out of service, the vehicle continues to suffer from substantial nonconformities that impair its use and value. North Dakota law entitles our Client to a refund or replacement, and we urge you to resolve this matter without the delay and expense of litigation.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
North Dakota Bar ID No. [________________________________]
[________________________________] (Street Address)
[________________________________] (City, ND ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders and service records
☐ Purchase or lease agreement
☐ Manufacturer warranty booklet
☐ Vehicle registration
☐ Photographs and/or video of defect manifestation
☐ Prior correspondence with manufacturer and/or dealer
☐ Rental vehicle receipts and incidental expense documentation
☐ Authorization to represent

cc: [________________________________] (Consumer)
[________________________________] (Lienholder, if applicable)
North Dakota Attorney General — Consumer Protection Division
Gateway Mall, 1050 E. Interstate Ave., Suite 200, Bismarck, ND 58503

NORTH DAKOTA LEMON LAW — QUICK REFERENCE

NORTH DAKOTA-SPECIFIC NOTES

☐ Only Three Repair Attempts Required. North Dakota requires only three repair attempts to trigger the lemon law presumption — fewer than the four attempts required by most states. This lower threshold is a significant advantage for consumers and should be highlighted in every case.

☐ Favorable Use-Offset Formula. The offset is capped at the lesser of $0.10/mile or 10% of purchase price. For expensive vehicles with low mileage at first report, this often results in a very small offset, maximizing the consumer's refund.

☐ Business Days, Not Calendar Days. North Dakota counts business days (not calendar days) for both the 30-day out-of-service threshold and the 10-day final repair opportunity. Weekends and holidays do not count, which effectively extends the calendar time but makes the thresholds more precise.

☐ Short Rights Period. The lemon law rights period expires at the earlier of the warranty term or one year from delivery. This is tighter than many states. Consumers must act quickly upon discovering defects.

☐ AG Consumer Protection Division. The North Dakota Attorney General's Consumer Protection Division in Bismarck handles lemon law complaints and can facilitate resolution. Filing a complaint with the AG is not a prerequisite to suit but may create additional pressure on the manufacturer.

☐ Magnuson-Moss Overlay. Federal warranty claims under Magnuson-Moss supplement the state lemon law, providing an additional basis for attorney fees and access to federal court. The two claims should be pleaded together.

☐ Winter Driving Considerations. North Dakota's extreme winter conditions (temperatures routinely below -20°F) may cause intermittent defects to manifest differently. Document defect occurrence under various weather conditions and note seasonal patterns.

☐ Rural Dealer Access. Many North Dakota consumers must travel significant distances to reach authorized dealers, increasing incidental damages (mileage, lodging, lost work time). Document all travel expenses related to repair attempts.

Sources and References

• NDCC §§ 51-07-16 to 51-07-22 — Car Lemon
• ND AG Lemon Law Brochure (PDF)
• North Dakota Attorney General — Consumer Rights
• North Dakota Lemon Law — Autopedia
• North Dakota Lemon Law — USLegal

This template is for informational purposes only and does not constitute legal advice. Lemon law procedures and deadlines are strictly enforced; verify current requirements with a licensed North Dakota attorney before use.