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North Dakota · Topic Updated May 26, 2026

North Dakota Lemon Law Remedies

What you can recover under North Dakota's lemon law — a consumer-elected refund (with the 10%-of-price offset cap) or replacement, Consumer Fraud treble damages, and attorney fees.

A successful North Dakota lemon-law claim returns you to where you started — a refund or a replacement, your choice — and the parallel statutes can add treble damages and attorney fees. North Dakota’s standout feature is the most consumer-favorable use offset in the country.

The remedies at a glance

  • Refund (repurchase) — full purchase price plus collateral charges, minus a use offset capped at 10¢/mile or 10% of the purchase price, whichever is less (§ 51-07-18).
  • Replacement — a comparable new vehicle; the consumer elects between this and a refund.
  • Cash-and-keep — a negotiated settlement where you keep the vehicle for a cash payment.
  • Consumer Fraud damages — discretionary treble plus mandatory fees on a knowing violation (§ 51-15-09).
  • Attorney fees — recoverable through Magnuson-Moss and the Consumer Fraud statute.

The consumer chooses

Unlike states where the manufacturer picks the remedy, § 51-07-18 lets the consumer elect refund or replacement. If you’d rather be out of the relationship with the brand entirely, you can demand the refund.

The capped offset is the headline

North Dakota’s use deduction can never exceed 10% of the purchase price. On a $45,000 vehicle, the most the manufacturer can subtract for your use is $4,500 — even if you drove it 60,000 miles before the defect was reported. Combined with the “miles before first report” rule, this is the most owner-friendly offset formula in the country. See refund.

How the statutes stack

The lemon law delivers the buyback/replacement. The Consumer Fraud statute adds treble damages and mandatory fees on a knowing violation. Magnuson-Moss adds a federal fee hook and a longer runway than the lemon law’s six months.

Bottom line

North Dakota gives you a consumer-elected refund or replacement with a uniquely capped use offset, plus treble damages and fees through the Consumer Fraud statute. Get a free case review.

Related

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