New Hampshire Lemon Law: Do You Qualify?

New Hampshire lemon law at a glance

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The term of the manufacturer's express warranty. The statute states no months or miles figure and does not say which warranty is "the" term when a vehicle has more than one. The manufacturer must make repairs of a defect reported during the term even after it expires.

Who and what is covered

A "consumer" is the purchaser other than for resale, the lessee other than for sublease, a person to whom the vehicle is transferred during the duration of an express warranty, or another person entitled by the warranty to enforce it; never a governmental entity. A covered vehicle is a private passenger or station wagon type vehicle, or another 4-wheel motor vehicle (except tractors and mopeds), with a gross weight not exceeding 11,000 pounds, a motorcycle, an off highway recreational vehicle or a snowmobile. The board's rules read gross weight as the gross vehicle weight rating, the manufacturer's maximum loaded weight. The duty is for vehicles sold or leased in New Hampshire.

Repair attempts

At least 3 repairs of the same nonconformity, shown in written repair orders, within the express warranty term, and it still exists. The presumption applies only to 3 attempts made by the same agent or authorized dealer unless you show good cause for taking the vehicle to a different one. The dealer must give you a written repair order and an itemized statement each time the vehicle is brought in. This is a presumption of a reasonable number of attempts.

Days out of service

A cumulative total of 30 or more business days (days when authorized dealers' service departments are normally open) during the warranty term. A vehicle available to you for a major part of the day is not out of service. The warranty term and the 30-day period are extended while repair services were unavailable because of war, invasion, strike, fire, flood or other natural disaster.

The defect and the defenses

The refund duty is for a defect that substantially impairs the use, market value or safety of the vehicle to the consumer. It is an affirmative defense that the nonconformity does not substantially impair the use, market value or safety, or that it results from abuse, neglect or unauthorized modifications or alterations by the consumer; a nonconformity also excludes a defect resulting from an accident, abuse, neglect, modification or alteration by persons other than the manufacturer or its authorized service agent.

Written notice

After the third repair attempt or 30 business days out of service, the consumer notifies the manufacturer and the lessor, if any, in writing on the manufacturer's forms, stating the defect and the election to proceed under the chapter. The manufacturer must provide the forms, a clear written notice of your rights and a self-addressed notice at delivery, and may not leave that to its dealers.

Arbitration

You elect the manufacturer's dispute mechanism or the state arbitration board, and the election precludes the other; a consumer who elects the manufacturer's mechanism may not raise those defects before the board. A hearing is held within 40 days of receipt of your notice, extendable by up to 30 days for good cause, and the manufacturer has one final opportunity to repair within the 40 days. If you elected the manufacturer's mechanism and the arbitration is not held within 40 days and the manufacturer cannot establish good cause for the delay, you are entitled to the relief requested. A consumer who elects the board pays a $50 filing fee and the manufacturer $250; the board decides within 30 days of the hearing. The statute does not say whether arbitration is a precondition to a court action.

Payments and possession

A consumer who has discontinued financing or lease payments may not pursue a remedy under the chapter, and the board's rules apply to a vehicle still in the consumer's legal possession when the demand for arbitration is filed and throughout the arbitration.

Filing deadline

A proceeding under the chapter must be commenced within one year following the later of the express warranty's expiration or the manufacturer's final repair attempt. RSA 357-D:11, II keeps every other right or remedy under other law.

Board decision and appeal

The board's decision is final unless, on appeal to the superior court, a party proves one of four grounds (fraud, evident partiality or misconduct, exceeding its powers, or an unfair hearing) by clear and convincing evidence. An appeal is filed within 30 days of the written decision, and not before a final decision. A vehicle the board finds has a serious safety defect may not be resold in New Hampshire.

Remedy

At the consumer's option, a replacement vehicle or a refund of the full purchase price with credits and fees, less an allowance for use equal to the price times the miles before the first repair attempt over 100,000 (20,000 or 40,000 for a motorcycle, snowmobile or off highway recreational vehicle, by engine size). The manufacturer must refund or replace within 30 days of a decision of the board or within 15 days of final adjudication. Refunds go to the consumer and the lienholder, if any, as their interests may appear.

Leases

The lessee receives the deposit and rental payments paid, plus incidental and consequential damages if applicable, less an allowance computed on those payments (100,000, or 20,000 for a motorcycle, snowmobile or off highway recreational vehicle). The lease and the lessee's obligations under it end on a decision of the board in the lessee's favor, and the lessor must release the title.

Dealers, damages and fees

A franchised dealer cannot be sued under the chapter, apart from its own written express warranties. The chapter adds no multiplied damages, but a manufacturer that fails to comply with a board decision commits an unfair or deceptive act under the Consumer Protection Act, where a willful or knowing violation brings 2 to 3 times damages. In a court action on an express warranty, the court may award a consumer's costs and attorney's fees in its discretion.

Used vehicles

The chapter has no separate used-vehicle provision. A person to whom the vehicle is transferred during the manufacturer's express warranty is a consumer, and a "new motor vehicle" is one still under the manufacturer's express warranty; a vehicle no longer under that warranty is outside the chapter.

New Hampshire lemon law: frequently asked questions

How many repair attempts does the New Hampshire lemon law require?

The law presumes a reasonable number of attempts after at least 3 repairs of the same nonconformity within the express warranty term, shown in written examination or repair orders, if it continues to exist. The presumption applies only to 3 attempts made by the same agent or authorized dealer unless you show good cause for taking the vehicle to a different one. The underlying standard is a reasonable number of attempts, so fewer may still be argued.

How long do I have to act under the New Hampshire lemon law?

A proceeding under the chapter must be commenced within one year following the later of the express warranty's expiration or the manufacturer's final repair attempt. Nothing in the chapter limits other rights or remedies available under other law, and an appeal of a board decision must be filed within 30 days of the written decision.

Do I have to go to the state arbitration board?

In your written notice you elect either the manufacturer's dispute mechanism or the state board, and the election precludes the other. Whether arbitration is a precondition to a lawsuit is not stated in the chapter, and RSA 357-D:11 preserves other remedies available under other law.

What can I recover if my vehicle qualifies?

You choose a replacement or a refund of the full purchase price, with credits for a trade-in or down payment, license fees, finance charges, credit charges, registration fees and similar charges and incidental and consequential damages, less a reasonable allowance for your use before the first repair attempt. The manufacturer must refund or replace within 30 days of a decision of the board or within 15 days of final adjudication.

Does the law cover used vehicles, motorcycles or leased vehicles?

Motorcycles, off highway recreational vehicles and snowmobiles are covered, as are lessees under a written lease for a term of 2 or more years. A used vehicle is covered only while it is still under the manufacturer's express warranty; the chapter has no separate used-vehicle provision. Tractors and mopeds are excluded.

Statutes cited on this page

• RSA 357-D:2, X (definition of "motor vehicle")
• RSA 259:38-b (gross vehicle weight rating)
• RSA 357-D:2, III (definition of "consumer")
• RSA 357-D:2, XIII (definition of "new motor vehicle")
• RSA 357-D:2, XV (definition of "warranty")
• RSA 357-D:2, VIII (definition of "lessee")
• RSA 357-D:3, I and II (new motor vehicles sold or leased in this state)
• RSA 357-D:2, XIV (definition of "nonconformity")
• RSA 357-D:3, VI (affirmative defenses)
• RSA 357-D:3, III (repairs during the warranty term)
• RSA 357-D:3, VII (presumption of a reasonable number of attempts)
• RSA 357-D:3, VIII (attempts that count toward the presumption)
• RSA 357-D:3, IV (written repair orders)
• RSA 357-D:4, I (written notice and election)
• RSA 357-D:9 (notice of rights at delivery)
• RSA 357-D:4, IV and V (40-day arbitration and final repair opportunity)
• N.H. Code Admin. R. Arb 203.09 (election of a remedy; discontinued payments)
• RSA 357-D:4, III (board filing fees)
• RSA 357-D:5, IV (hearing, decision, damages)
• RSA 357-D:4, II (discontinued financing or lease payments)
• N.H. Code Admin. R. Arb 201.01 (applicability: the consumer still has the vehicle)
• RSA 357-D:11 (limitations on actions)
• RSA 357-D:6, I (the board's decision is final)
• RSA 357-D:6, II (appeal from the board's decision)
• RSA 357-D:12 (no resale of a vehicle with a serious safety defect)
• RSA 357-D:3, V (replacement or refund at the consumer's option, with a reasonable allowance for use)
• RSA 357-D:4, VI (time to refund or replace)
• RSA 357-D:3, IX(a) (refund to a lessee)
• RSA 357-D:3, IX(c) (the lease ends)
• RSA 357-D:8 (dealer's liability)
• RSA 357-D:7 (failure to comply with a board decision)
• RSA 358-A:10, I (private action under the Consumer Protection Act)
• RSA 357-D:10 (costs and attorney's fees)
• New Hampshire DMV, New Motor Vehicle Arbitration Board (Lemon Law) page (Internet Archive copy, 2025-07-31)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.