New Hampshire Lemon Law Refund Calculator

How the New Hampshire buyback is calculated

Under the New Motor Vehicle Arbitration (RSA 357-D).

• If, after a reasonable number of attempts, the manufacturer cannot conform the vehicle to its express warranty by repairing a defect that substantially impairs its use, market value or safety, the consumer chooses a replacement vehicle or a refund of the full purchase price (RSA 357-D:3, V).
• The refund starts from the full purchase price as indicated in the purchase contract, with credits for any trade-in or down payment. It also includes license fees, finance charges, credit charges, registration fees and similar charges, plus incidental and consequential damages.
• The deduction is called a reasonable allowance for use: the full purchase price multiplied by the miles the vehicle traveled before the first attempt at repair, divided by 100,000. For a motorcycle, snowmobile or off highway recreational vehicle the denominator is 20,000 if the engine is 250 cubic centimeters or smaller and 40,000 if it is larger.
• On a $35,000 vehicle with 5,000 miles before the first repair attempt, the allowance is $35,000 x 5,000 / 100,000 = $1,750, before the refunded charges are added.
• If you lease, the lessee receives the deposit and rental payments already paid, plus incidental and consequential damages, less an allowance equal to those payments times the miles before the first repair attempt divided by 100,000, or by 20,000 for a motorcycle, snowmobile or off highway recreational vehicle whatever its engine size (RSA 357-D:3, IX(a)).
• The chapter adds no multiplier to the refund; a court action for a willful or knowing failure to comply with a board decision can reach two to three times damages (RSA 357-D:7; 358-A:10), which no figure here includes. For a motorcycle, snowmobile or off highway recreational vehicle (choose "Snowmobile / OHRV" for the last two) the estimate asks the engine size and divides by 20,000 (250 cc or smaller) or 40,000 (larger), or by 20,000 for a lease whatever the engine size; with no engine size entered it assumes the larger engine, which understates the deduction for a smaller one. It leaves sales tax out because the statute does not name it.

New Hampshire lemon law: frequently asked questions

How is the refund calculated under the New Hampshire lemon law?

You receive the full purchase price as indicated in the purchase contract, credits for a trade-in or down payment, license and registration fees, finance and credit charges, and incidental and consequential damages. The manufacturer may deduct a reasonable allowance for use: the price times the miles driven before the first repair attempt, divided by 100,000. Run your numbers through the calculator for a personalized estimate.

Is sales tax refunded in New Hampshire?

The statute does not name sales tax. It lists the purchase price, credits for a trade-in or down payment, license fees, finance charges, credit charges, registration fees and any similar charges. Whether "any similar charges" reaches a tax is not settled by the text, so the calculator does not add it.

Can I choose between a refund and a replacement?

Yes. After a reasonable number of attempts the manufacturer must, "at the option of the consumer within 30 days of the effective date of the board's order", replace the vehicle with a new vehicle of comparable worth from the same manufacturer, if available, or accept return of the vehicle and refund. It must make the refund or the replacement within 30 days of a decision of the board or within 15 days of final adjudication (RSA 357-D:4, VI).

Does New Hampshire add penalties or treble damages?

Not under the chapter itself: the board may issue only the damages the chapter provides (RSA 357-D:5, IV). But a manufacturer that fails to comply with a board decision commits an unfair or deceptive act under RSA 358-A:2 (RSA 357-D:7), and in a court action under RSA 358-A:10 a willful or knowing violation brings as much as 3 times, but not less than 2 times, actual damages or $1,000, whichever is greater, plus costs and attorney's fees for a prevailing plaintiff. No figure on this page includes that.

Can I recover my attorney fees?

In a court action against the manufacturer for breach of an express warranty, the court in its discretion may award the plaintiff costs and reasonable attorney's fees. If the court finds the action was brought with no substantial justification, it may award them to the defendant instead. The fee section speaks of an "action", and the board may issue only the damages the chapter provides (RSA 357-D:5, IV).