North Dakota Lemon Law: Tests, Refunds & Free Check

The short answer

North Dakota’s Lemon Law (N.D.C.C. §§ 51-07-16 to 51-07-22) applies within the warranty or the first year, whichever ends first. After direct notice to the manufacturer, it presumes enough attempts when a defect continues after more than 3 repairs or 30 business days out of service. The deduction is capped at 10 cents a mile or 10% of the price. Sue within 6 months after the warranty ends or 18 months from delivery, whichever comes first.

North Dakota’s Lemon Law has a short window, a capped deduction for use and an unusual rule: choosing the Lemon Law remedy rules out other claims about the same problem. It also requires dispute hearings to be held in your home state. This guide explains each rule from Chapter 51-07 of the Century Code.

Window
Warranty or 1 yr
Repair test
More than 3
Days test
30 business days
Notice
Direct, to maker
Use cap
10¢/mi or 10%
Deadline
6 mo after earlier date
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North Dakota Lemon Law rules at a glance

The North Dakota Lemon Law (Passenger Motor Vehicle Warranties) is N.D. Cent. Code §§ 51-07-16 to 51-07-22.

North Dakota Lemon Law rules (verified October 13, 2026)
RuleWhat North Dakota law saysSource
StatuteN.D. Cent. Code §§ 51-07-16 to 51-07-22N.D.C.C. § 51-07-16
Vehicles coveredPassenger motor vehicles and trucks of 10,000 lbs registered gross weight or less, sold or leased in North Dakota; Leased vehicles
Not coveredHouse cars (motor homes)
Protection windowThe express warranty term or 1 year from original delivery, whichever is earlierN.D.C.C. §§ 51-07-17, 51-07-19
More Than Three Repairs TestThe same defect continued after being repaired more than 3 times; the manufacturer must have prior direct notification and a chance to cure§ 51-07-19(1)(a), (3)
30 Business Days TestOut of service for repair a cumulative total of at least 30 business days (business days)§ 51-07-19(1)(b), (3)
Written noticeThe presumption applies only after the manufacturer receives prior direct notification from you or on your behalf and an opportunity to cure the defect.N.D.C.C. § 51-07-19(3)
Dispute program first?If the manufacturer has a dispute procedure complying with FTC Rule 703, or takes part in a binding appeals board, you must use it first. The Attorney General decides on request whether a program qualifies (§ 51-07-18(3)).
DeadlineStart an action within 6 months after the earlier of the warranty’s expiration or 18 months after original deliveryN.D.C.C. § 51-07-21
Usage deductionNorth Dakota caps the allowance for use at 10 cents a mile driven or 10% of the purchase price, whichever is less, counting use before your first report and while the vehicle was not in the shop (§ 51-07-18(1)).

More than three repairs or 30 business days in North Dakota

North Dakota presumes a reasonable number of attempts, after direct notice to the manufacturer and a chance to cure, when within the warranty term or the first year (whichever is earlier):

4×

More Than Three Repairs Test

The same defect continued after being repaired more than 3 times; the manufacturer must have prior direct notification and a chance to cure.

§ 51-07-19(1)(a), (3)
30

30 Business Days Test

Out of service for repair a cumulative total of at least 30 business days.

§ 51-07-19(1)(b), (3)

The defect must substantially impair the vehicle’s use and market value. “More than three times” means the defect has to survive a fourth repair.

Notice to the manufacturer in North Dakota

The presumption applies only after the manufacturer receives prior direct notification from you or on your behalf and an opportunity to cure the defect.

In North Dakota the presumption applies only after direct notice to the manufacturer and a chance to cure.

Dispute program first. If the manufacturer has a dispute procedure complying with FTC Rule 703, or takes part in a binding appeals board, you must use it first. The Attorney General decides on request whether a program qualifies (§ 51-07-18(3)).

The Attorney General decides, on application, whether a manufacturer’s dispute program qualifies.

North Dakota’s deadline: 6 months after the earlier date

Start an action within 6 months after the earlier of the warranty’s expiration or 18 months after original delivery (N.D.C.C. § 51-07-21).

Deadline example: new vehicle delivered March 15, 2025, with a 3-year / 36,000-mile warranty and low mileage
EventDateEffect
Vehicle deliveredMar 15, 2025The protection window starts
Protection window endsMarch 15, 2026Repairs after this date do not count toward the tests
Sue byMarch 15, 2027Start an action within 6 months after the earlier of the warranty’s expiration or 18 months after original delivery

How to file a North Dakota lemon law claim

  1. Report each defect within the warranty or the first yearTo the manufacturer, its agent or dealer.
  2. Notify the manufacturer directlyIt must have a chance to cure before the presumption applies.
  3. Use a qualifying dispute programIf you ask for an oral hearing, it must be in your home state.
  4. Choose a refund or replacement carefullyElecting the Lemon Law remedy rules out other remedies for the same facts.
  5. Sue in timeWithin 6 months after the warranty ends or 18 months after delivery, whichever is earlier.

Refund, replacement and the North Dakota deduction for use

North Dakota Lemon Law remedies
RemedyWhat it includes
ReplacementA comparable passenger motor vehicle.
RefundThe full purchase price including all collateral charges, less an allowance for use of no more than 10 cents a mile or 10% of the price, whichever is less.

North Dakota caps the allowance for use at 10 cents a mile driven or 10% of the purchase price, whichever is less, counting use before your first report and while the vehicle was not in the shop (§ 51-07-18(1)).

Working out your North Dakota deadline

Vehicle delivered March 15, 2025
WarrantyEarlier dateSue by
1 yearWarranty ends March 15, 2026September 15, 2026
3 years18 months: September 15, 2026March 15, 2027

North Dakota’s cap on the deduction for use

The allowance for use can be no more than 10 cents a mile driven or 10% of the purchase price, whichever is less (§ 51-07-18(1)).

Maximum deduction on a $40,000 vehicle
Miles counted10¢ a mile10% of priceMaximum
8,000$800.00$4,000.00$800.00
30,000$3,000.00$4,000.00$3,000.00
50,000$5,000.00$4,000.00$4,000.00

Leases: you get back all lease payments, deposits and trade-in allowance, less the allowance for use, and the lease ends with no early-termination penalty.

Second owners in North Dakota

A person to whom the vehicle is transferred during the express warranty is a consumer. The Lemon Law covers new passenger vehicles under the express warranty.

A person to whom the vehicle is transferred during the express warranty is a consumer. North Dakota covers trucks of 10,000 lbs registered gross weight or less, but not house cars.

To test your own dates and repair visits, test your North Dakota repair visits with our checker.

North Dakota Lemon Law FAQs

What qualifies as a lemon in North Dakota?

A passenger vehicle with a defect that substantially impairs its use and market value, continuing after more than 3 repairs or 30 business days out of service within the warranty or the first year, after direct notice to the manufacturer.

How long do I have to file a lemon law claim in North Dakota?

Within 6 months after the earlier of the warranty’s expiration or 18 months after original delivery (§ 51-07-21).

How much is deducted from a North Dakota lemon law refund?

No more than 10 cents a mile or 10% of the purchase price, whichever is less.

Can I bring other claims if I use the North Dakota lemon law?

No. A consumer who elects the Lemon Law remedy is foreclosed from other remedies arising from the same facts.

Does the North Dakota lemon law cover leases?

Yes. Lessees get back their payments, deposits and trade-in allowance, less the allowance for use.

Sources

Checked on October 13, 2026. We re-verify North Dakota rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.

  1. N.D. Century Code §§ 51-07-16 to 51-07-22 (chapter 51-07 PDF)

This page explains the North Dakota Lemon Law in general terms. It is not legal advice and LemonLawMap is not a law firm. For advice about your case, contact the North Dakota Attorney General’s Consumer Protection Division or a licensed North Dakota attorney. Read our full disclaimer.