The Law: North Dakota Lemon Law and the Consumer Fraud Statute

North Dakota’s lemon law — N.D. Cent. Code § 51-07-16 to § 51-07-22 — delivers a refund or replacement, and it links to the state’s consumer-fraud statute, the Unlawful Sales or Advertising Practices chapter (ch. 51-15), which can treble damages and must award attorney fees on a knowing violation (§ 51-15-09). Together with federal Magnuson-Moss, they give North Dakota consumers a workable path — if they move fast against a very short deadline.

The three pillars

1. North Dakota Lemon Law — § 51-07-16 to § 51-07-22. A more-than-3-attempt / 30-business-day presumption; a warranty-or-one-year coverage window (whichever is earlier); a consumer-elected refund or replacement; a use offset capped at 10% of the purchase price; and a conditional-IDS prerequisite (§ 51-07-18). The catch is the six-month deadline to sue (§ 51-07-21).
2. North Dakota Consumer Fraud (Unlawful Sales or Advertising Practices) — ch. 51-15, with the civil remedy at § 51-15-09: actual damages, discretionary treble on a knowing violation, and mandatory attorney fees and costs on a knowing violation, within a 4-year limitations period.
3. Federal Magnuson-Moss Warranty Act — 15 U.S.C. § 2301 et seq. Civil court; § 2310(d)(2) attorney fees; federal-court access (D.N.D.).

North Dakota pairs a consumer-favorable remedy formula with a consumer-fraud statute that adds treble damages and fee-shifting — but every claim lives or dies on the short clock.

Topics in this section

• North Dakota Lemon Law statute (§ 51-07-16) — Eligibility, the warranty-or-one-year window, the presumption, the consumer-elected remedy, and the 10%-of-price offset cap.
• North Dakota Consumer Fraud statute (§ 51-15-09) — Discretionary treble and mandatory fees on a knowing violation.
• Magnuson-Moss Warranty Act — Federal overlay and fee hook.
• Repair-attempt presumption — The “more than 3 attempts” and 30-business-day thresholds and the prior-notification prerequisite.
• Statute of limitations — The six-month deadline (the country’s shortest), the coverage window, and the Consumer Fraud and Magnuson-Moss clocks.

Why three statutes instead of one

The Lemon Law delivers refund or replacement. The Consumer Fraud chapter adds:

• Actual damages for a deceptive or unlawful sales practice.
• Discretionary treble damages where the practice was committed knowingly (§ 51-15-09).
• Mandatory costs and reasonable attorney fees on a knowing violation.

Magnuson-Moss adds federal-court access (D.N.D.), § 2310(d)(2) fees, and a 4-year runway — a useful backstop when the lemon law’s six-month clock has run.

How they interact procedurally

1. Give direct written notice of the nonconformity to the manufacturer and document repair attempts (more than 3 attempts or 30 business days) — § 51-07-19(3).
2. Resort to the IDS — if the manufacturer has an FTC-compliant program (16 C.F.R. Part 703), you must use it before the statutory remedy (§ 51-07-18). See manufacturer arbitration.
3. Civil action — North Dakota court (or D.N.D.), pairing the lemon law with the Consumer Fraud statute and Magnuson-Moss — filed within six months (§ 51-07-21).

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Qualifying Defects Under the North Dakota Lemon Law

Which defects qualify under North Dakota's lemon law — the substantial-impairment standard and the major categories, from engine and transmission to EV battery and electronics.

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The North Dakota Lemon Law Process

Step by step through a North Dakota lemon-law claim — documenting repair attempts, direct notice to the manufacturer, the conditional IDS, filing within six months, and court action.

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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.

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Vehicle Types and the North Dakota Lemon Law

How North Dakota's lemon law treats different vehicles — passenger cars, personal-use trucks up to 10,000 lbs, leased vehicles, EVs, motorcycles, RVs, and commercial vehicles.

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