§ 47-15.1-08 — Penalties - Remedies - Lessor to preserve evidence

North Dakota § 47-15.1-08

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-15.1: Consumer Rental Purchase Agreement

Text

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.