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North Dakota Century Code Title 47. Property § 47-15.1-08. Penalties--Remedies--Lessor to preserve evidence

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1. A lessor who fails to comply with this chapter is liable to the consumer for:

a. The greater of the actual damages sustained by the consumer as a result of the violation or, in the case of an individual action, twenty-five percent of the total payments necessary to acquire ownership, but not less than one hundred dollars nor more than one thousand dollars;  and

b. The costs of the action and reasonable attorney's fees.

2. A lessor who violates section 47-15.1-07 is liable to the consumer for actual damages suffered from the violation, the costs of the action, and reasonable attorney's fees.

3. If there is more than one lessor, liability may be imposed only on the lessor who made the disclosures.  When no disclosures have been made, liability must be imposed jointly and severally on all lessors.

4. When there is more than one consumer, there may be only one recovery of damages under subsection 1.

5. Multiple violations in connection with a single consumer rental purchase agreement entitle a consumer to only one recovery under this section.

6. A consumer may not take any action to offset any amount for which a lessor is potentially liable under subsection 1 against any amount owed by the consumer unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action to which the lessor was a party.  This subsection does not bar a consumer then in default on the obligation from asserting a violation of this chapter as an original action or as a defense or counterclaim to an action brought by the lessor to collect an amount owed by the consumer.

7. In connection with any transaction under this chapter, the lessor shall preserve evidence of compliance with this chapter for not less than two years from the date of consummation of the agreement.

Cite this article: - North Dakota Century Code Title 47. Property § 47-15.1-08. Penalties--Remedies--Lessor to preserve evidence - last updated January 01, 2020 |

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