New Hampshire Lemon Law

RSA 357-D applies to passenger vehicles, motorcycles, off-highway recreational vehicles, and light trucks with a gross vehicle weight rating of 11,000 pounds or less that were purchased or leased (with a lease term of two or more years) in New Hampshire and are still covered by the manufacturer's express warranty. The defect must substantially impair the use, market value, or safety of the vehicle, and you must have given the manufacturer a reasonable opportunity to repair it. Vehicles bought primarily for business use, vehicles outside the warranty term, and most used vehicles purchased after the original warranty expired are outside the statute's protection.

Under RSA 357-D:3, a presumption that the manufacturer has had a reasonable number of repair attempts arises when the same nonconformity has been subject to repair at least three times during the express warranty term, or when the vehicle has been out of service for repairs for a cumulative total of 30 or more business days during the warranty term. Each repair attempt must be documented by a written examination or repair order. The presumption is what triggers your right to demand a refund or replacement and to file a claim with the New Motor Vehicle Arbitration Board.

RSA 357-D does not contain a dedicated used-car warranty regime like New York or New Jersey. A used vehicle can still fall under the statute if it remains within the manufacturer's original express warranty when the defect occurs and the consumer takes timely action. Once the original new-vehicle warranty has expired, the lemon law no longer applies. Buyers of older used cars in New Hampshire generally have to rely on the federal Magnuson-Moss Warranty Act, the state's Consumer Protection Act (RSA 358-A), or any written or implied warranty offered by the dealer.

Yes, but only if the lease has an original term of two years or more. RSA 357-D:3 sets out a specific refund formula for leased vehicles: the lessee receives all lease payments and capitalized entry costs back, and the manufacturer pays the lessor the lessor's actual purchase cost plus a 5% allowance, less the amount returned to the lessee. Leases shorter than two years and most short-term rentals are not covered, and the same use-allowance offset based on miles driven before the first repair attempt applies.

RSA 357-D:11 imposes a one-year statute of limitations that runs from the later of (a) expiration of the express warranty term or (b) the manufacturer's final repair attempt. This is shorter than the four-year UCC limitations period that applies in many other states, so timing matters. If you also bring a parallel claim under the federal Magnuson-Moss Warranty Act or the New Hampshire Consumer Protection Act, those statutes have their own limitations periods, but your right to invoke the New Motor Vehicle Arbitration Board specifically can disappear quickly after warranty expiration.

RSA 357-D channels disputes to the state-run New Motor Vehicle Arbitration Board rather than a private program like BBB AUTO LINE. The Board issues binding decisions that either party may appeal to superior court within 30 days under RSA 357-D:6. A manufacturer cannot force you into a private arbitration program in lieu of the state Board, and a consumer is not strictly required to use the Board before filing a separate civil action under the Consumer Protection Act, but the Board is the primary statutory forum for refund and replacement relief.

If the Arbitration Board rules in your favor, you are entitled to either a comparable replacement vehicle or a refund of the full purchase price including collateral charges (sales tax, registration, and finance charges), reduced by a use allowance calculated as purchase price times (miles driven before the first repair attempt / 100,000). RSA 357-D:10 authorizes the Board to award reasonable attorney fees and costs to a prevailing consumer. If the manufacturer ignores the Board's decision, that conduct is an unfair or deceptive act under RSA 358-A, which can support a separate court action for double or treble damages.