In North Dakota, the lemon law applies only to new and leased cars. Used vehicles, motorcycles and RVs are excluded from protection under the lemon law. The law entitles owners of a lemon car to receive a comparable vehicle in exchange for the lemon or return the lemon for a full refund of the purchase price (minus a deduction for use).
A car qualifies as a lemon only if the problem “substantially impairs the use and market value” of the car. The defect must be reported within one year of the purchase date or within the term of the warranty. If the problem cannot be repaired after three attempts by the manufacturer or the vehicle is out of service for a total of 30 days during the first year of ownership, it is considered a lemon.
If the criteria described above is met, the vehicle owner must try to settle the issue through arbitration with the car manufacturer. If the owner is not happy with the outcome of the arbitration hearing, he or she may hire a private attorney and sue for a new car or refund. The owner must bring the action against the manufacturer within six months of the expiration of the warranty or 18 months from the date the owner received the car, whichever comes first.
The manufacturer may resell a lemon car if they provide a 12 month/12,000 mile warranty that begins on the date of the resale. The manufacturer must also provide a statement saying that the car had previously been returned as a lemon.
Lemon laws like those of North Dakota, are often complex and may be difficult for consumers to navigate alone. California lemon law attorney, Howard D. Silver has years of experience dealing with lemon laws and will defend the rights of his clients. To discuss your case with Mr. Silver, call 855-341-2611 today.