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New Hampshire

NEW HAMPSHIRE Lemon Law:

N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12

Vehicles covered: Four-wheel motor vehicles with gross weight up

to 9000 lbs., except tractors and mopeds; motorcycles; off highway

recreational vehicles; and, as of July 1, 2006, snowmobiles.

Persons covered: Purchasers, lessees, transferees during express

warranty period, or any person entitled to enforce the warranty

(§ 357-D:2(III)).

Period covered: Period of express warranty (§ 357-D:3(III)).

Disclosure requirements: Manufacturer must provide written notice

of consumer’s rights at time of delivery of vehicle along with

form to report defects (§ 357-D:9). If vehicle is repaired, manufacturer

must provide a written repair order and summary of all

work performed (§ 357-D:3(IV)).

Required consumer notice: Must report the nonconformity to the

manufacturer, agent, or authorized dealer in writing on specific

forms provided by the manufacturer (§§ 357-D:3(III), 357-D:4(I)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, or the vehicle is out of service for a

cumulative total of thirty or more business days (§ 357-D:3(VII)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or unauthorized modifications or

alterations (§ 357-D:3(VI)); statute of limitations (§ 357-D:11(I)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a new vehicle, or refund the full purchase price less

a reasonable use allowance (§ 357-D:3(V)).

Other reimbursement: Collateral charges (listed in § 357-D:3(V)).

Legal fees and costs (§ 357-D:10).

Other remedies: Violation is an unfair and deceptive act (§ 357-

D:7). No limit on other consumer remedies (§ 357-D:11(II)). No

cause of action created against dealer, and dealer may not be made

a party to a lemon law suit except for claim based on written

express warranties made separately by dealer (§ 357-D:8).

Informal dispute resolution: Consumer must elect whether to use

the dispute settlement mechanism or arbitration provisions established

by the manufacturer (§ 357-D:4(I)).

Resale of lemon: Manufacturer or agent may not resell vehicle

determined as having a defect that is life-threatening, that creates

a risk of fire or explosion, or that impedes a consumer’s ability to

control or operate a motor vehicle for ordinary use or reasonable

intended purposes (§ 357-D:12).