Title 51, Sales and Exchanges

1. As used in this section: a. "Commercial distributor" means any person that offers for sale, sells, or distributes to a dealer parts for any new commercial motor vehicle, truck, or semitrailer, or vehicular implements, commercial equipment, or accessories, or attachment units, …

1. As used in this section: a. "Commercial entity" includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized business entity. b. "Distribute" means to issue, sell, give, provide, deliver, transfer, transm…

Any person, firm, company, association, corporation, or limited liability company, foreign or domestic, doing business in this state and engaged in the production, manufacture, or distribution of any commodity in general use, that, for the purpose of destroying the business of a …

Any person violating any of the provisions of section 51-09-01 is guilty of a class A misdemeanor.

All contracts or agreements made in violation of any of the provisions of this chapter are void.

If a complaint is made to the attorney general that any person is guilty of unfair discrimination committed for any of the purposes enumerated in section 51-09-01, the attorney general shall investigate the matter complained of, and for that purpose the attorney general may subpo…

If any domestic corporation or limited liability company the charter of which has been canceled, or any foreign corporation or limited liability company the permit of which has been revoked, shall continue or attempt to do business in this state, the attorney general, by appropri…

If a complaint is made to the secretary of state that any corporation or limited liability company authorized to do business in this state is guilty of unfair discrimination within the provisions of this chapter, the secretary of state shall refer the matter to the attorney gener…

In this chapter, unless the context or subject matter otherwise requires: 1. "Cost" means the actual invoice cost of the merchandise or the replacement cost of the merchandise, whichever is the lower, less all trade discounts, advertising allowances, including customary discounts…

When one or more items are advertised, offered for sale, or sold with one or more other items at a combined price, or are advertised, offered as a gift, or given with the sale of one or more items, each and all of said items, for the purpose of this chapter, must be deemed to be …

Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined in this chapter, which has the intent or the effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or other…

The inhibition against sales below cost, as defined in this chapter, shall embrace any scheme of special rebate, collateral contract, or any device of any nature by which such result is, in substance or in fact, effected in violation of the spirit and intent of this chapter.

Any retailer or wholesaler who shall advertise, offer to sell, or sell any article of merchandise at less than cost to such retailer or wholesaler as defined in this chapter, or who gives, offers to give, or advertises the intent to give away any article of merchandise, with the …

When it appears to the attorney general that a person has engaged in, or is engaging in, any practice declared to be unlawful by this chapter or when the attorney general believes it to be in the public interest that an investigation should be made to ascertain whether a person i…

The attorney general may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in the aid of any investigation of inquiry, prescribe forms, and adopt necessary rules.

If any person fails or refuses to file any statement or report, or obey any subpoena issued by the attorney general, the attorney general may file in the district court a petition for an order directing the person to file the required statement or report or to obey the subpoena. …

In addition to the penalties provided in this chapter, the courts of this state are invested with the jurisdiction to prevent and restrain violations of this chapter by injunctional proceedings. The attorney general and the several state's attorneys shall institute suits in behal…

The provisions of this chapter do not apply to sales at retail or sales at wholesale, where: 1. Merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as such. 2. Perishable merchandise must be sold promptly in order to forestall loss. 3. Merchandise is…

No person subpoenaed or ordered may be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in any civil action or proceeding instituted or brought, pursuant to the provisions of this chapter, upon the ground that th…

1. No person with intent to sell, dispose of, increase the consumption of, or induce the public to enter an obligation relative to or to acquire title or interest in any product, merchandise, security, service, performance, or anything offered to the public may make, publish, dis…

Any person who violates any of the provisions of section 51-12-01 is guilty of a class B misdemeanor.

No person advertising, offering for sale, or selling popcorn intended for consumption on the premises where purchased may use the word butter, or any derivative of the word butter, to describe a topping placed on popcorn, unless the topping is real butter or unless the word butte…

It is unlawful for any person with intent, directly or indirectly, to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or dis…

For the purpose of sections 51-12-08 through 51-12-14 the worth or value of any thing advertised is the prevailing market price, wholesale if the offer is at wholesale, retail if the offer is at retail, at the time of publication of the advertisement in the locality wherein the a…

It is unlawful for any person to make or disseminate any statement or assertion of fact in a newspaper, circular, form letter, or other publication published or circulated in any language in this state, concerning the extent, location, ownership, title, or other characteristic, q…

It is unlawful for any person in any newspaper, magazine, circular, form letter, or any open publication, published, distributed, or circulated in this state or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise, …

It is unlawful for any proprietor or publisher of any newspaper or periodical willfully and knowingly to misrepresent the circulation of the newspaper or periodical, for the purpose of securing advertising or other patronage.

Any person who violates any of the provisions of sections 51-12-08 through 51-12-12 is guilty of a class B misdemeanor.

Any person who violates or proposes to violate any of the provisions of sections 51-12-08 through 51-12-12 may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the attorney general or any state's attorney in this s…

A person who is eligible to receive a mail-in rebate for the purchase of a product or merchandise must be given the option of providing either a street address or a post-office box number as a mailing address.

In this chapter, unless the context or subject matter otherwise requires: 1. "Amount financed" or "unpaid balance" means the cash price of the personal property which is the subject matter of the retail installment sale, plus the amounts, if any, included in a retail installment …

1. A retail installment contract must be dated and in writing, and must contain all the agreements of the parties with respect to the cost and terms of payment for the personal property, including any promissory notes or other evidences of indebtedness between the parties relatin…

No contract may contain any provision by which: 1. In the absence of the buyer's default, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the time balance owing thereunder. 2. A power of attorney is given to confess judgment…

1. A retail seller may contract for in a retail installment contract and charge, receive, and collect the finance charge computed on the principal balance of the contract or obligation from the date thereof until paid. A retail seller who complies with the disclosure provisions o…

Unless the buyer has notice of actual or intended assignment of a retail installment contract, payment made by the buyer to the last-known holder of the contract is binding upon all subsequent holders or assignees.

Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. A buyer must be given a written receipt for any payment whe…

After the payment of all sums for which the buyer is obligated under a retail installment contract, and upon written demand made by the buyer, the holder of such contract shall mail to the buyer at the buyer's last-known address, good and sufficient instruments to indicate paymen…

1. At any time before maturity, a buyer may pay in full the remaining principal due on a retail installment contract and is entitled to a refund of finance charges as follows: a. The refund must be at least the finance charge paid in excess of that computed under the simple inter…

Notwithstanding any contrary provision of law: 1. A financing agency may purchase a retail installment contract from a seller on such terms and conditions and for such price as may be mutually agreed upon. 2. No filing of the assignment, no notice to the buyer of the assignment, …

No provision of this chapter applies to a retail installment sale of personal property if: 1. The cash price of the personal property exceeds twenty-five thousand dollars; or 2. The personal property is to be used primarily for a business, commercial, or agricultural purpose, not…

Any person who willfully violates this chapter is guilty of a class A misdemeanor. A willful violation of section 51-13-02 or 51-13-03 by any person bars that person's recovery of any finance charge or delinquency or collection charge on the retail installment contract involved. …

Any waiver of the provisions of this chapter is unenforceable and void.

In this chapter, unless the context otherwise requires: 1. "Credit service charge" means the amount, however expressed, which the retail buyer contracts to pay or pays the retail seller in excess of the amount of credit extended, representing the total charges by the retail selle…

Every revolving charge agreement must be in writing and must be accepted by the retail buyer. As used in this section, "accepted" means the buyer has signed the revolving charge agreement, the buyer has used the account issued under a revolving charge agreement, or within thirty …

In a revolving charge agreement, a seller may contract for and, if so contracted for, the seller or holder of the agreement may charge, receive, and collect the service charge authorized by this section. The service charge may not exceed the amount agreed to by the parties. In th…

The seller or holder of a revolving charge account may collect a late payment or other charge not to exceed the amount agreed to by the parties in the revolving charge account agreement.

Credit extended by a seller or holder of a revolving charge agreement to a buyer is not subject to chapter 13-04.1 or 47-14.

The service charge allowed in section 51-14-03 shall be allowed to a seller or holder only: 1. If the seller enters into an agreement subject to the provisions of this chapter with any buyer on or after July 1, 1959; or 2. In the case of any buyer who had entered into an agreemen…

Any person who violates any provision of this chapter is guilty of a class A misdemeanor. Any revolving charge account or any act in the making or collection of any revolving charge account which violates the provisions of this chapter shall result in the forfeiture of all credit…

In this chapter, unless the context or subject matter otherwise requires: 1. "Advertisement" includes the attempt by publication, dissemination, solicitation, or circulation, oral or written, to induce, directly or indirectly, any person to enter into any obligation or acquire an…