Title 51, Sales and Exchanges

In this chapter, unless the context or subject matter otherwise requires: 1. "Merchandise" does not include any livestock or agricultural product. 2. "Transient merchant" includes any person, individual, copartnership, corporation, or limited liability company, either as principa…

Any transient merchant desiring to engage in, do, or transact business by auction or otherwise, in any county in this state, shall file an application for a license for that purpose with the attorney general as provided in section 51-04-07, which must be in writing and include th…

An applicant for a transient merchant's license shall pay to the attorney general a license fee of two hundred dollars to cover the cost of licensing and shall give a surety bond, or the deposit of cash in lieu thereof, which must be not less than one thousand dollars nor more th…

Every transient merchant licensed under this chapter shall have the license in immediate possession at all times when engaging in or transacting any business regulated by this chapter. The licensee shall display the license when requested to do so by any court, law enforcement of…

It is unlawful for any transient merchant to advertise, represent, or hold forth as being sold for an insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator, receiver, syndicate, wholesaler, or manufacturer, or closing out sale, or as a sale of any g…

If the affidavit filed as prescribed in section 51-04-04 shows that the sale is not of the kind or character proposed to be advertised or represented or fails to disclose the facts as required, then the county auditor or the attorney general shall refuse the applicant a license f…

When it appears that any stock of goods, wares, and merchandise has been brought into any county of this state by a person not a resident of the county, and that it is claimed, represented, or advertised that such stock is to be closed out at reduced prices, such facts are prima …

1. A transient merchant may not engage in any temporary business, or be licensed by any city, without first having complied with this section. 2. Prior to the issuance of a transient merchant license and approval of the transient merchant's bond, the applicant shall in writing ap…

The provisions of this chapter do not apply to the following: 1. Sales made to dealers by commercial travelers or selling agents in the usual course of business. 2. Sales made by persons soliciting orders of goods, wares, merchandise, or personal property for future delivery, and…

A transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals, circuses, or similar activities regulated by city or county governments, fair associations, convention bureaus, other political subdivisions, or local trade organizations is exempt from …

Nothing in this chapter may be construed as prohibiting, or in any way limiting or interfering with, the right of any city or other municipal corporation or governmental subdivision of the state to regulate or license the carrying on within such municipality the business of a tra…

Any person violating any of the provisions of this chapter, for which another penalty is not specifically provided, is guilty of a class B misdemeanor. The state's attorney or attorney general may enforce this chapter. The attorney general in enforcing this chapter has all the po…

All stamps, coupons, tickets, certificates, cards, or similar devices, hereinafter called trading stamps, which are furnished to any person in the course of the sale of goods or merchandise which may entitle the person holding such trading stamps to receive or procure from any pe…

Any person, firm, corporation, limited liability company, or association furnishing trading stamps to retailers and agreeing to redeem trading stamps as provided in this chapter may not discontinue the redemption of trading stamps without first notifying the secretary of state of…

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.

As used in sections 51-07-01, 51-07-02.1, 51-07-02.2, 51-07-02.3, 51-07-02.4, and 51-07-03 unless the context or subject matter otherwise requires: 1. "Contract" means any written franchise agreement, sales agreement, dealer agreement, or security agreement, or other form of agre…

1. If a person engaged in the business of retailing farm implements, machinery, or attachments, or parts for the same; lawn and garden equipment, or parts for the same; or automobiles, trucks, or semitrailers, or parts for the same, enters a contract under which the retailer agre…

1. Any manufacturer, wholesaler, or distributor of merchandise and tools covered under section 51-07-01, excluding automobile dealers, truck dealers, or parts dealers of the automobiles or trucks, that enters a contract with any person engaged in the business of retailing the cov…

1. Notwithstanding the terms of any contract, a manufacturer, wholesaler, or distributor of farm implements, machinery, or repair parts who enters into a contract with any person engaged in the business of selling and retailing farm implements and repair parts for farm implements…

1. At least ninety days before any change in or from an existing contract which will substantially impair the sales, the service obligations, or investment of a retailer of automobiles or trucks, or parts of the automobiles or trucks, the manufacturer, wholesaler, or distributor …

1. A dealer of automobiles or trucks, farm equipment, or parts for automobiles, trucks, or farm equipment may not transfer, assign, or sell a dealer agreement to another person unless the dealer first provides written notice to the manufacturer or distributor of the intended acti…

A manufacturer, wholesaler, or distributor of automobiles or trucks, or parts of the automobiles or trucks, that enters a contract with any person engaged in the business of selling or retailing automobiles, trucks, or parts for the automobiles or trucks, may not: 1. Coerce or at…

1. A manufacturer may not conduct a warranty or incentive audit or seek a chargeback on a warranty or incentive payment more than one year after the date of that warranty or incentive payment. 2. A manufacturer may not charge back a dealer for an incentive or warranty payment unl…

If a manufacturer, wholesaler, or distributor of merchandise and tools covered under section 51-07-01, upon cancellation of a contract by either a retailer or a manufacturer, wholesaler, or distributor, fails or refuses to make payment to the retailer as is required by section 51…

Every person who, with intent to represent such goods as the genuine goods of another, sells or keeps for sale any goods upon which any counterfeit trademark has been affixed, knowing the same to be counterfeited, is guilty of a class A misdemeanor. The word "goods" as used in th…

It is unlawful for any person to willfully: 1. a. Deface, destroy, alter, or remove the serial number on any tractor, combine, cornpicker, or any other heavy farm machinery that carries a factory serial number; or b. Place or stamp other than the original serial number upon any t…

A claim for relief arising out of the sale of personal property cannot be waived, released, or barred before the claim for relief actually has accrued, notwithstanding any terms or provisions of any contract or other written instrument to the contrary.

When personal property has been sold under a conditional sale contract and such contract has been canceled or foreclosed, the owner, holder, or assignee of such contract may not attach, repossess, or acquire by bill of sale the property sold under the contract until the taxes lev…

1. Purchasers of automobiles under sales finance contracts, when required by a dealer, bank, or other finance agency or company, to furnish insurance on any motor vehicle, in connection with the financing of such motor vehicle, must be furnished by the seller evidence of the insu…

1. No person may knowingly sell or offer for sale in the state of North Dakota any meat, whether fresh, frozen, cured, or processed, which is imported from outside the boundaries of the United States or any meat product containing in whole or in part such imported meat, if this f…

Wholesalers and manufacturers, when selling to retailers or other persons, may charge a service charge of up to one and one-half percent per month on the remaining balance of all overdue accounts, provided the parties have entered into a written agreement prior to the transaction…

Except as otherwise provided in this section, every retail foodstore which uses electronic or magnetic scanners to read prices shall clearly post the selling price of each item in Arabic numerals, by stamp, tag, label, or other conspicuous marking device. If a product is packaged…

As used in sections 51-07-16 through 51-07-22, and unless the context otherwise requires: 1. "Consumer" means the purchaser or lessee, other than for purposes of resale or lease, of a passenger motor vehicle normally used for personal, family, or household purposes. The term incl…

If a new passenger motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during the period of one year following the dat…

1. If the manufacturer, its agent, or its authorized dealer is unable to make the passenger motor vehicle conform to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use and market value of the passenger motor vehic…

In any case in which a refund is tendered by a manufacturer for a leased motor vehicle under section 51-07-18, the refund and rights of the motor vehicle lessor, lessee, and manufacturer are as follows: 1. The manufacturer shall provide to the lessee the sum of all payments previ…

1. It is presumed that a reasonable number of attempts have been undertaken to make a passenger motor vehicle conform to the applicable express warranties, if: a. The same nonconformity has continued to exist, despite having been subject to repair more than three times by the man…

A consumer who elects to proceed under sections 51-07-16 through 51-07-22 is foreclosed from pursuing any other remedy arising out of the facts and circumstances which gave rise to the claim under sections 51-07-16 through 51-07-22.

An action brought under sections 51-07-16 through 51-07-22 must be commenced within six months after the earlier of: 1. Expiration of the express warranty term; or 2. Eighteen months after the date of original delivery of the passenger motor vehicle to a consumer.

1. A person may not sell or lease in this state a passenger motor vehicle that was returned to the manufacturer in accordance with sections 51-07-16 through 51-07-22, unless the manufacturer provides: a. The same express warranty it provided to the original purchaser, except the …

It is unlawful for any person to initiate the unsolicited transmission of a telefacsimile message promoting a good or service for purchase by the recipient of the message. The term "telefacsimile" as used in this section means any process in which an electronic signal is transmit…

1. A person who sells goods or services paid for by the consumer from proceeds of an insurance policy that provides coverage for physical damage to automobiles may not: a. Advertise or promise to provide a good or service as an incentive, pay or waive all or part of any applicabl…

A motor vehicle fuel franchise agreement may not require a security deposit except for the purpose of securing against loss of or damage to property. The dealer may satisfy any security deposit required by depositing cash or pledging a savings account or its equivalent in a finan…

1. The owner of an automobile, truck, or farm equipment dealership may appoint by trust, will, or any other valid written instrument a successor to the owner's dealership interest upon the owner's death or incapacity. 2. Unless the manufacturer, wholesaler, or distributor has goo…

1. If a manufacturer, wholesaler, or distributor believes that good cause exists to refuse to honor the intended succession under section 51-07-26, then the manufacturer, wholesaler, or distributor shall serve the named successor written notice of refusal to honor the intended su…

Except as otherwise provided under this section, a person that accepts credit cards for the transaction of business and also electronically prints receipts for these credit card transactions may not print on the receipt provided to the customer more than the last five digits of t…

1. A manufacturer of a new motor vehicle sold or leased in this state which is equipped with a recording device commonly referred to as an event data recorder shall disclose by model year 2007 the presence, capacity, and capabilities of the event data recorder in the owner's manu…

1. A lender may not require a person to install or maintain a global tracking or positioning system or device on a motor vehicle for the purpose of locating or tracking the vehicle to repossess the vehicle in case of loan default, unless: a. The lender includes within the financi…

1. a. A motor vehicle manufacturer or distributor shall reasonably compensate its dealers for labor and parts provided by the dealer in connection with the following manufacturer or distributor sponsored, issued, or required items: (1) Predelivery preparation. (2) Installation of…

1. As used in this section: a. "Customer" means a person that borrows, buys, leases, or obtains services or property under a service contract. The term does not include a government entity. b. "Service contract" means a written agreement between a customer and a party acting in t…