Standards Of The New Hampshire Lemon Law
Vehicles Covered
The New Hampshire lemon law covers the following motor vehicles purchased or leased in New Hampshire:
- A motor vehicle of the private passenger or station wagon type with a gross weight not exceeding 9,000 pounds, that is purchased or leased by a consumer;
- Any other four-wheel motor vehicle with a gross weight not exceeding 9,000 pounds; and
- Motorcycles and off-highway recreational vehicles.
The lemon law does not cover tractors, mopeds, snow-traveling vehicles, mobile homes, and house trailers.
“New motor vehicle” is a passenger motor vehicle that is still under the manufacturer’s express warranty. The lemon law covers a used vehicle if still under the manufacturer’s express warranty.
Consumers Covered
The lemon law covers the following consumers:
- The purchaser, other than for purposes of resale, of a new motor vehicle;
- The lessee, other than for purposes of sublease, of a new motor vehicle;
- Any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and
- Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law does not cover any governmental entity.
Vehicle Converters
Problems Covered
Manufacturer’s Duty To Repair
Manufacturer’s Duty To Repurchase Or Replace A Vehicle
Reasonable Number Of Repair Attempts
The New Hampshire lemon law establishes a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if, during the term of the express warranty, either of the following occurs:
- The same nonconformity, as identified in any written examination or repair order, has been subject to repair at least three times by the manufacturer, its agent or authorized dealer and the same nonconformity continues to exist; or
- The motor vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more business days.
The attempt at repair must be evidenced by a written examination or repair order issued by the manufacturer, its agent or authorized dealer. The three attempts at repair must be performed by the same agent or authorized dealer unless the consumer shows good cause for taking the motor vehicle to a different agent or authorized dealer. A motor vehicle is not deemed to be out of service if it is available to the consumer for a major part of the day.
The term of any warranty and the 30 day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or other natural disaster. If such an extension of time is necessary for these reasons, the manufacturer must provide for the free use of a motor vehicle to the consumer.
Notice And Final Repair Attempt
Dispute Resolution
Time Period For Filing Claims
Remedies Under The New Hampshire Lemon Law
Repurchase Of Owned Vehicles
The New Hampshire lemon law sets out the following amounts that a manufacturer must pay when it repurchases an owned motor vehicle under the lemon law:
- The full purchase price as indicated on the purchase contract, including all credits and allowances for any trade-in or down payment;
- License fees, finance charges, credit charges, registration fees, and any similar charges; and
- Incidental and consequential damages;
- Less a reasonable allowance for use.
Refunds must be made to the consumer and lienholder, if any, as their interests may appear. The reasonable allowance for use of motor vehicles other than motorcycles is calculated in accordance with the following formula:
# miles vehicle traveled attributable to use by the consumer up to the date of the first attempt at repairing the vehicle | X | purchase price |
————————————– | ||
100,000 |
For motorcycles and off-highway recreational vehicles, the denominator is 20,000 if the engine size is 250 cubic centimeters or smaller, or 40,000 if the engine size is greater than 250 cubic centimeters.
Repurchase Of Leased Vehicles
The New Hampshire lemon law sets out the following amounts that a manufacturer must pay when it repurchases a leased motor vehicle under the lemon law:
To the lessor:
- The lessor’s actual purchase cost, less payments made by the lessee;
- The freight cost, if applicable;
- The cost for dealer- or manufacturer-installed accessories, if applicable;
- Any fee paid to another to obtain the lease; and
- An additional 5% of the lessor’s actual purchase cost, provided instead of any early termination costs.
To the lessee:
- The aggregate deposit, including but not limited to all cash payments and trade-in allowances tendered by the lessee to the lessor under the lease agreement;
- Rental payments previously paid to the lessor by the lessee; and
- Incidental and consequential damages, if applicable;
- Less a reasonable allowance for use.
Upon a decision in favor of the lessee, the lease agreement with the lessor and all contractual obligations are terminated. The lessee is not liable for any further costs or charges to the manufacturer or lessor under the lease agreement. The lessor must release the motor vehicle title to the manufacturer upon payment by the manufacturer of the amounts set out in the lemon law.
The reasonable allowance for use of motor vehicles other than motorcycles is calculated in accordance with the following formula:
# miles vehicle traveled attributable to use by the consumer up to the date of the first attempt at repairing the vehicle | X | aggregate deposit and rental payments made by the lessee |
————————————– | ||
100,000 |
For motorcycles, the denominator is 20,000.