Key takeaways
- Protection period: term of the manufacturer's express warranty.
- Repair attempts: same nonconformity, shown on written repair orders, subject to repair at least 3 times within the express warranty term (by the same agent or dealer unless good cause is shown) and it continues to exist.
- Days out of service: cumulative total of 30 or more business days out of service for repair of one or more nonconformities during the express warranty term.
- Deadline: any proceeding under the chapter must be commenced within 1 year after the later of the express warranty's expiration or the manufacturer's final repair attempt.
- The law is N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12. Read it with your repair orders and your warranty in front of you.
On this page
New Hampshire's lemon law is N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12, the New Hampshire New Motor Vehicle Arbitration law (Lemon Law), RSA Chapter 357-D. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
New Hampshire lemon law at a glance
| Statute | N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12 |
|---|---|
| Official name | New Hampshire New Motor Vehicle Arbitration law (Lemon Law), RSA Chapter 357-D |
| Vehicles covered | Private passenger or station wagon type vehicles and other 4-wheel vehicles with a gross weight not exceeding 11,000 pounds (except tractors and mopeds), motorcycles, off highway recreational vehicles, and snowmobiles, still under the manufacturer's express warranty. Governmental entities are not consumers. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Term of the manufacturer's express warranty. |
| Repair attempts | Same nonconformity, shown on written repair orders, subject to repair at least 3 times within the express warranty term (by the same agent or dealer unless good cause is shown) and it continues to exist. |
| Days out of service | Cumulative total of 30 or more business days out of service for repair of one or more nonconformities during the express warranty term. |
| Notice to the manufacturer | After the 3rd repair attempt or 30 business days out of service, the consumer notifies the manufacturer (and lessor) in writing, on manufacturer-provided forms, of the nonconformity and the election to proceed. The manufacturer then has one final opportunity to repair within the 40-day period before arbitration. |
| Dispute programs | Consumer elects either the manufacturer's dispute settlement mechanism or the state New Motor Vehicle Arbitration Board; choosing one bars the other. Board filing fee is $50 for the consumer and $250 for the manufacturer; hearing within 40 days. Board decisions are final unless vacated by the superior court on limited grounds (appeal within 30 days). |
| Deadline to bring a claim | Any proceeding under the chapter must be commenced within 1 year after the later of the express warranty's expiration or the manufacturer's final repair attempt. |
| Remedies | At the consumer's option, a comparable new replacement vehicle or a refund of the full purchase price, trade-in and down payment credits, license, finance, credit and registration charges, and incidental and consequential damages, less a use allowance = price x miles before the first repair attempt / 100,000 (20,000 or 40,000 for motorcycles, snowmobiles and OHRVs depending on engine size). Lessees receive deposit and rental payments less a use allowance. |
| Attorney's fees | Yes. In a consumer's action against the manufacturer for breach of an express warranty, the court may award costs and reasonable attorney's fees to the plaintiff (RSA 357-D:10). |
| Used vehicles | No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer', and a 'new motor vehicle' is defined as one still under the manufacturer's express warranty. |
Does your vehicle qualify in New Hampshire?
The law covers private passenger or station wagon type vehicles and other 4-wheel vehicles with a gross weight not exceeding 11,000 pounds (except tractors and mopeds), motorcycles, off highway recreational vehicles, and snowmobiles, still under the manufacturer's express warranty. Governmental entities are not consumers. The protection period is term of the manufacturer's express warranty. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity, shown on written repair orders, subject to repair at least 3 times within the express warranty term (by the same agent or dealer unless good cause is shown) and it continues to exist.
- Days out of service: Cumulative total of 30 or more business days out of service for repair of one or more nonconformities during the express warranty term.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
After the 3rd repair attempt or 30 business days out of service, the consumer notifies the manufacturer (and lessor) in writing, on manufacturer-provided forms, of the nonconformity and the election to proceed. The manufacturer then has one final opportunity to repair within the 40-day period before arbitration.
Consumer elects either the manufacturer's dispute settlement mechanism or the state New Motor Vehicle Arbitration Board; choosing one bars the other. Board filing fee is $50 for the consumer and $250 for the manufacturer; hearing within 40 days. Board decisions are final unless vacated by the superior court on limited grounds (appeal within 30 days).
Deadline: Any proceeding under the chapter must be commenced within 1 year after the later of the express warranty's expiration or the manufacturer's final repair attempt.
State resource: New Hampshire New Motor Vehicle Arbitration Board (attached to the Department of Safety / DMV).
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's option, a comparable new replacement vehicle or a refund of the full purchase price, trade-in and down payment credits, license, finance, credit and registration charges, and incidental and consequential damages, less a use allowance = price x miles before the first repair attempt / 100,000 (20,000 or 40,000 for motorcycles, snowmobiles and OHRVs depending on engine size). Lessees receive deposit and rental payments less a use allowance. Yes. In a consumer's action against the manufacturer for breach of an express warranty, the court may award costs and reasonable attorney's fees to the plaintiff (RSA 357-D:10). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside New Hampshire's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your New Hampshire vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in New Hampshire?
Under N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12, the presumption is met when same nonconformity, shown on written repair orders, subject to repair at least 3 times within the express warranty term (by the same agent or dealer unless good cause is shown) and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more business days out of service for repair of one or more nonconformities during the express warranty term.
How long do I have to file a lemon law claim in New Hampshire?
Any proceeding under the chapter must be commenced within 1 year after the later of the express warranty's expiration or the manufacturer's final repair attempt. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the New Hampshire lemon law cover used cars?
No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer', and a 'new motor vehicle' is defined as one still under the manufacturer's express warranty. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the New Hampshire lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in New Hampshire?
After the 3rd repair attempt or 30 business days out of service, the consumer notifies the manufacturer (and lessor) in writing, on manufacturer-provided forms, of the nonconformity and the election to proceed. The manufacturer then has one final opportunity to repair within the 40-day period before arbitration. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in New Hampshire?
Consumer elects either the manufacturer's dispute settlement mechanism or the state New Motor Vehicle Arbitration Board; choosing one bars the other. Board filing fee is $50 for the consumer and $250 for the manufacturer; hearing within 40 days. Board decisions are final unless vacated by the superior court on limited grounds (appeal within 30 days).
Can I recover attorney's fees under the New Hampshire lemon law?
Yes. In a consumer's action against the manufacturer for breach of an express warranty, the court may award costs and reasonable attorney's fees to the plaintiff (RSA 357-D:10). We explain exactly how fees work in your case before you sign anything.