What Is the Lemon Law in North Dakota for Used Cars
North Dakota's lemon law, codified as N.D. Cent. Code §§ 51-07-16 through 51-07-22, applies exclusively to new motor vehicles. The state does not extend lemon law protections to used cars purchased from dealers or private sellers. Coverage under the statute is limited to new passenger motor vehicles and trucks with a gross vehicle weight of 10,000 pounds or less sold for personal, family, or household purposes. Motor homes are explicitly excluded from coverage.
What Protections Do Used Car Buyers Have in North Dakota?
Although North Dakota's state lemon law excludes used vehicles, federal statutes and state warranty law provide alternative protections that may apply when defects emerge after purchase.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act provides federal remedies when written warranties or service contracts fail to perform. This statute applies to used motor vehicles if dealers have provided express warranties. Buyers may recover damages, vehicle replacements, refunds, and attorney fees when warranties are breached.
FTC Used Car Rule
The FTC Used Car Rule mandates that every dealer selling used vehicles must display a Buyer's Guide on each vehicle before sale. This disclosure must identify whether the vehicle is offered with warranty coverage or sold "as is" without warranty, specify which systems and components are covered, indicate repair cost responsibility between dealer and buyer, and recommend independent pre-purchase inspections and vehicle history verification.
Implied Warranty of Merchantability
North Dakota recognizes an implied warranty of merchantability under the Uniform Commercial Code. This warranty applies to used vehicles sold by merchants and requires that vehicles be fit for ordinary purposes—safe, functional, and suitable for normal transportation. When substantial defects affect a vehicle's utility, dealers have breached this implied warranty.
Understanding "As Is" Sales in North Dakota
North Dakota permits dealers to sell used vehicles "as is," substantially limiting buyer recourse after purchase. When a vehicle is sold "as is," the buyer generally accepts the vehicle in its current condition, and dealers are not obligated to make repairs or provide refunds for defects discovered following the sale.
What "As Is" Means for Buyers
When purchasing a vehicle "as is," buyers accept all defects present at the time of purchase. Dealers disclaim responsibility for post-sale repairs and defect remediation. Buyers assume full liability for mechanical failures, structural damage, and other vehicle deficiencies that manifest after the transaction concludes.
Limited Dealer Disclosure Requirements
Despite "as is" designations, dealers must comply with federal and state disclosure obligations. Federal odometer laws require accurate mileage disclosure on vehicle titles regardless of sale terms. Title documentation must reflect any salvage, rebuilt, or total loss designation. Dealers must disclose prior use as rental or commercial vehicles when applicable.
Limited Exceptions to "As Is" Sales
Dealers cannot use "as is" language to shield themselves from fraud liability. Intentional concealment of known defects, material misrepresentations about vehicle condition or history, or false statements that induce purchase create legal liability despite contractual disclaimers. When dealers make express written warranties or provide specific written representations about vehicle condition, safety, or mechanical status, those warranties supersede "as is" language and remain enforceable. Oral representations contradicting "as is" designations may also create express warranties under North Dakota law.
Filing a Consumer Complaint
North Dakota Attorney General
Consumer Protection Division
1720 Burlington Drive, Suite C, Bismarck, ND 58504-7736
Phone: (701) 328-3404
Toll-free: (800) 472-2600
Official Website: Consumer Protection Division
