How to get a refund or warranty repair for a defective product in North Dakota
In North Dakota, state law sets out specific duties for manufacturers, sellers, and commercial lessors when products fail to meet express warranties. For certain products, like passenger motor vehicles and assistive technology devices, the law provides clear repair, replacement, and refund remedies and allocates who pays for repairs, loaners, and transaction costs.
For other consumer goods, remedies for fraud or material misrepresentation may include all remedies available for nonfraudulent breach. Courts also apply the UCC principles about notifying the seller within a reasonable time after discovering a breach. The exact remedy depends on the type of product, the terms of any express warranty, and whether the required steps (such as reporting the problem) were followed under the applicable statute.
Current North Dakota law
Every answer cites the statute
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The deadline that matters
For a new passenger motor vehicle, report the nonconformity during the express warranty term or within one year after original delivery, whichever is earlier.
What North Dakota law says
The law requires repair or other remedies for certain products. For new passenger motor vehicles, if a nonconformity is reported to the manufacturer, its agent, or an authorized dealer during the express warranty period or within one year after original delivery (whichever is earlier), the manufacturer, agent, or dealer must make the repairs necessary to conform to the express warranties, even if repairs occur after the warranty period N.D.C.C. § 51-07-17. If a vehicle cannot be made to conform after a reasonable number of attempts, the manufacturer must replace the vehicle or accept its return and refund the purchase price, subject to a reasonable allowance for consumer use, and refunds must be made to interested parties as their interests appear N.D.C.C. § 51-07-18.
For assistive technology devices, a consumer may present a warranty claim by reporting the problem within the express warranty and making the device reasonably available for repair; repairs, including parts, labor, shipping, delivery, and other costs, must be performed at no charge, even if after the warranty period. If a reasonable repair attempt fails, the consumer may obtain a replacement or a full refund plus finance charges, and the commercial seller must provide loaners and reimburse transaction costs in specified situations N.D.C.C. § 51-24-03 and N.D.C.C. § 51-24-04. Remedies for material misrepresentation or fraud include all remedies available for nonfraudulent breach, and rejecting or returning goods does not bar a damages claim N.D.C.C. § 41-02-100.
What to do
A common first step is to report the defect to the seller, manufacturer, or authorized dealer, following any warranty reporting rules.
A common next step is to make the product reasonably available for repair, keeping records of dates, communications, and repair attempts.
A common option is to request a written estimate or work order showing repair attempts and expected repair time, especially if a loaner or reimbursement may apply.
A common follow-up is to send a written demand letter to the seller or manufacturer summarizing the defect, prior repair attempts, and the requested remedy.
A common later step is to use any informal dispute settlement or arbitration procedure the warranty requires, if such a procedure applies to the product.
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Common questions
Do manufacturers have to fix defects after a warranty expires?
For certain items, such as passenger motor vehicles and assistive technology devices, the statute requires repairs reported during the express warranty or within a specified period to be made even if the actual repairs occur after the warranty period N.D.C.C. § 51-07-17 and N.D.C.C. § 51-24-03.
What happens if repairs cannot fix the defect?
If an assistive technology device is not repaired after a reasonable attempt, the consumer may obtain a replacement or a full refund plus finance charges, with timing and loaner rules set out in the statute N.D.C.C. § 51-24-04. For passenger motor vehicles, replacement or return and refund may be required after a reasonable number of repair attempts N.D.C.C. § 51-07-18.
Can a consumer get damages if the seller committed fraud?
Remedies for material misrepresentation or fraud include all remedies available for nonfraudulent breach, and rescission or return of goods does not bar a damages claim under the statute N.D.C.C. § 41-02-100.
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This page provides legal information about North Dakota law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
