North Dakota's Repair-Attempt Presumption (§ 51-07-19)

North Dakota’s lemon-law presumption is set by N.D. Cent. Code § 51-07-19. Meet it and the law presumes the manufacturer has had a reasonable number of attempts to fix the vehicle — shifting the case in your favor.

The two triggers

Within the warranty term or one year from delivery (whichever is earlier), the presumption arises if either:

1. More than three repair attempts — the same nonconformity has been subject to repair more than three times (so a fourth attempt) by the manufacturer or its authorized dealer, and it still exists; OR
2. 30 business days out of service — the vehicle is out of service for repair a cumulative 30 or more business days.

Note North Dakota counts business days, not calendar days — weekends and holidays don’t count toward the 30.

The prior-notification prerequisite

The presumption does not apply unless the manufacturer has received prior direct notification from (or on behalf of) the consumer and an opportunity to cure the defect (§ 51-07-19(3)). Practically: notify the manufacturer in writing — not just the dealer — and give it a chance to repair before you rely on the presumption. See manufacturer response.

The force-majeure extension

The warranty term, the one-year period, and the 30-day period are extended by any time during which repair service is unavailable because of war, invasion, strike, fire, flood, or other natural disaster (§ 51-07-19). This is more than theoretical in North Dakota — Red River Valley flooding and severe blizzards can close dealers and stretch parts timelines.

What counts as a repair attempt

• A visit to the manufacturer or an authorized dealer for the same nonconformity. See which repair shop.
• Independent-shop and DIY repairs don’t count — and can trigger an abuse defense.
• Keep a repair order for every visit describing the problem in your words.

Substantial impairment still required

The presumption speaks to how many attempts are reasonable — you still must show the defect substantially impairs the use and market value of the vehicle (§ 51-07-16). See qualifying defects.

Bottom line

In North Dakota, more than three repair attempts or 30 business days out of service — after prior direct notice to the manufacturer — presumes a reasonable number of attempts. Document every visit and notify the manufacturer early. Get a free case review.

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