NEW HAMPSHIRE Lemon Law:
N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12
Vehicles covered: Four-wheel motor vehicles with gross weight up
to 9000 lbs., except tractors and mopeds; motorcycles; off highway
recreational vehicles; and, as of July 1, 2006, snowmobiles.
Persons covered: Purchasers, lessees, transferees during express
warranty period, or any person entitled to enforce the warranty
Period covered: Period of express warranty (§ 357-D:3(III)).
Disclosure requirements: Manufacturer must provide written notice
of consumer’s rights at time of delivery of vehicle along with
form to report defects (§ 357-D:9). If vehicle is repaired, manufacturer
must provide a written repair order and summary of all
work performed (§ 357-D:3(IV)).
Required consumer notice: Must report the nonconformity to the
manufacturer, agent, or authorized dealer in writing on specific
forms provided by the manufacturer (§§ 357-D:3(III), 357-D:4(I)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
three or more repairs, or the vehicle is out of service for a
cumulative total of thirty or more business days (§ 357-D:3(VII)).
Affırmative defenses: The nonconformity does not substantially
impair the use, market value or safety of the vehicle, or is the result
of the consumer’s abuse, neglect, or unauthorized modifications or
alterations (§ 357-D:3(VI)); statute of limitations (§ 357-D:11(I)).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a new vehicle, or refund the full purchase price less
a reasonable use allowance (§ 357-D:3(V)).
Other reimbursement: Collateral charges (listed in § 357-D:3(V)).
Legal fees and costs (§ 357-D:10).
Other remedies: Violation is an unfair and deceptive act (§ 357-
D:7). No limit on other consumer remedies (§ 357-D:11(II)). No
cause of action created against dealer, and dealer may not be made
a party to a lemon law suit except for claim based on written
express warranties made separately by dealer (§ 357-D:8).
Informal dispute resolution: Consumer must elect whether to use
the dispute settlement mechanism or arbitration provisions established
by the manufacturer (§ 357-D:4(I)).
Resale of lemon: Manufacturer or agent may not resell vehicle
determined as having a defect that is life-threatening, that creates
a risk of fire or explosion, or that impedes a consumer’s ability to
control or operate a motor vehicle for ordinary use or reasonable
intended purposes (§ 357-D:12).