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New Hampshire – Statute §357-D

Vehicles Covered:

Vehicles as defined in the N.H. statute, 4-wheel vehicles under 9000lbs and motorcycles: Excludes tractors, OHRVs, and mopeds.

Persons Covered:

Purchasers, lessees or transferees during express warranty period or any persons entitled to enforce the warranty.

Period Covered:

Period of express warranty.

Notice Requirement:

(a) Manufacturer – written notice of consumer's rights at time of delivery of vehicle along with form to report defects; if vehicle is repaired manufacturer must provide a written repair order and summary of all work performed; (b) Consumer – report the nonconformity to the manufacturer, agent or authorized dealer in writing on specific forms provided by manufacturer.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to three or more repairs, or the vehicle is out of service for a cumulative total of 30 or more business days.

Affirmative Defenses:

The nonconformity does not significantly impair the use, market value or safety of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations.

Replacement/Refund:

At the consumer's option, the manufacturer shall replace with a comparable vehicle, or refund the full purchase price less a reasonable allowance (defined).

Other Reimbursement:

Collateral charges; Refunds to consumer and lien holder.

Other remedies:

Legal fees and costs: Violation is an unfair and deceptive act.

Arbitration:

Consumer may elects whether to use the informal dispute settlement mechanism or arbitration provisions provided by the manufacturer.

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 the reasonable or intended purposes.