The Lemon Law in New Hampshire

New Hampshire's lemon law covers new passenger vehicles, other four-wheel vehicles and motorcycles under 11,000 pounds gross weight, plus off-highway recreational vehicles and snowmobiles, while still under the manufacturer's express warranty. Purchasers and lessees are covered; government buyers are not. The defect must substantially impair the vehicle's use, value or safety and must be reported during the warranty term. It is presumed the manufacturer had a reasonable number of tries if the same defect was repaired at least 3 times and still exists, or the vehicle was out of service for a total of 30 or more business days during the warranty. The manufacturer gets one final chance to repair. Disputes go to the state's New Motor Vehicle Arbitration Board, which must hold a hearing within 40 days of receiving a complaint. At the consumer's choice, the remedy is a comparable replacement vehicle or a refund of the full purchase price, minus an allowance for the consumer's use of the vehicle.

1) Report the problem during the warranty term and keep the written repair orders (the dealer must give one each visit). 2) Written notice and election: after the third repair attempt, or after the vehicle has been out of service 30 or more business days, the consumer notifies the manufacturer (and lessor, if leased) in writing on the form the manufacturer must provide at delivery. In that notice the consumer chooses either the manufacturer's dispute settlement program or the state's New Hampshire New Motor Vehicle Arbitration Board; choosing one rules out the other. 3) Final repair attempt: within the 40-day arbitration period, the manufacturer gets one final chance to repair the defect; if the consumer is satisfied, the arbitration ends. 4) Arbitration: the hearing must be held within 40 days after the notice is received, unless an extension of up to 30 more days is granted for good cause. The state board (attached to the Department of Safety) charges the consumer a $50 filing fee; the manufacturer pays $250. The board decides within 30 days after the hearing. Its decision is final unless appealed to superior court within 30 days, on limited grounds such as fraud, partiality or the board exceeding its powers. 5) Deadline: any proceeding under the lemon law must be started within one year after the later of the express warranty's expiration or the manufacturer's final repair attempt.

The lemon law does not cover used-car dealers. Under the state's used-vehicle law, a dealer must do a safety inspection if the customer asks (and may charge a reasonable fee), and must give the buyer a written statement saying whether the vehicle meets state equipment requirements, listing defects, or saying no inspection was done. A dealer may sell an unsafe vehicle only with a written notice saying it is unsafe for highway use and listing the defects, and must notify the buyer of these rights in advance and get a written acknowledgment. Violations are unfair or deceptive practices under the Consumer Protection Act. Under New Hampshire's version of the Uniform Commercial Code, for goods bought for personal, family or household use, a merchant's disclaimer of implied warranties does not limit its liability unless the buyer signs, before or at the sale, a conspicuous writing that says in plain language the goods are sold "as is" or "with all faults," that the buyer bears the entire risk of quality and performance, and that the buyer pays for all repairs if the goods prove defective.