New Hampshire Lemon Law: Your Rights for a Defective Vehicle

Under New Hampshire's Lemon Law (RSA 357-D), a manufacturer is presumed to owe you a refund or a replacement vehicle once your new motor vehicle has been through a reasonable number of repair attempts for the same problem and the defect still has not been fixed. New Hampshire defines that threshold concretely: the same substantial defect has been subject to repair three or more times and continues to exist, or the vehicle has been out of service for repair for a cumulative total of 30 or more business days. Either trigger must happen within the law's protection period—the term of the manufacturer's written warranty or one year from the date you took delivery, whichever comes first. If you meet the standard, you can take the manufacturer before the state's New Hampshire New Motor Vehicle Arbitration Board and ask it to order a buyback or a comparable new vehicle.

What New Hampshire's Lemon Law actually requires

The core idea is simple: a new vehicle should perform as warranted, and if the manufacturer cannot repair a serious defect after a fair number of tries, it has to take the car back. New Hampshire's statute spells out two ways to show the manufacturer has had enough chances.

  • The repeat-repair test. The same defect or condition that substantially impairs the use, market value, or safety of the vehicle has been presented for repair three or more times to the manufacturer, its agent, or an authorized dealer, and the problem still exists.
  • The days-out-of-service test. The vehicle has been kept out of service for repairs of one or more defects for a cumulative total of 30 or more business days. These do not have to be consecutive—they add up across the protection period.

When you hit either marker, the law creates a legal presumption that a reasonable number of attempts has been made. The manufacturer can try to rebut that presumption, but you no longer have to prove from scratch that repairs were unreasonable.

Which vehicles and defects qualify

New Hampshire's Lemon Law is aimed at new motor vehicles that are purchased or leased in the state and used primarily for personal, family, or household purposes. Leased vehicles are covered, and the law reaches certain business-registered vehicles as well, but it is built around consumer cars, vans, and light trucks. Used vehicles are generally not covered by RSA 357-D, though a used car may still carry rights under the seller's warranty, the federal warranty law, or New Hampshire's general consumer-protection statute.

Not every annoyance qualifies. The defect must substantially impair the use, market value, or safety of the vehicle. A persistent stalling problem, brake failure, a transmission that will not hold, or an electrical fault that disables the car can meet that bar. Minor cosmetic blemishes, normal wear, or problems you caused through abuse, neglect, or unauthorized modification generally do not. The manufacturer is also not on the hook for defects that result from accidents or owner alterations after delivery.

The timeframe you have to watch

Timing is where many otherwise valid claims fall apart. The qualifying repairs and days out of service must occur during the term of protection—the express warranty period or one year after the original delivery date, whichever expires first. Document every repair visit inside that window. Keep dated repair orders that describe the complaint and the work performed, because those records are what establish your three attempts or your 30 business days.

Before you can force a buyback, New Hampshire law expects the manufacturer to get a final opportunity to cure. After the third unsuccessful repair (or once the days threshold is met), provide written notice to the manufacturer and allow it the chance to make one last repair attempt as the statute directs. Follow the notice instructions in your owner's manual or warranty booklet, and send anything important by a method that proves delivery.

How to get a refund or a replacement vehicle

If the defect is still unresolved, New Hampshire routes Lemon Law disputes to the New Hampshire New Motor Vehicle Arbitration Board, which is administered through the New Hampshire Division of Motor Vehicles. This is a state-run board, not the manufacturer's in-house program, which is one reason New Hampshire's process is regarded as relatively consumer-friendly. You file a request for arbitration, pay the filing fee set by the board, and present your repair records and notices. Hearings are designed to be accessible without a lawyer, although you may bring one.

If the board rules in your favor, it can order one of two remedies, generally at your election:

  • A replacement vehicle that is comparable to the one you bought or leased, or
  • A refund of the full purchase or lease price, including collateral and incidental costs such as sales tax, registration and license fees, and finance charges.

The manufacturer is allowed to subtract a reasonable allowance for your use of the vehicle before the defect was first reported. That offset is calculated under a statutory formula tied to mileage, so the deduction is limited—it cannot wipe out your recovery. A board decision is binding on the manufacturer, and either side may appeal to the courts within the time the law allows, but the manufacturer generally must comply promptly if it does not appeal.

How New Hampshire compares to the federal baseline

State lemon laws sit on top of a federal floor. The federal Magnuson-Moss Warranty Act gives every consumer the right to sue when a written or implied warranty is breached, and it lets a prevailing consumer recover attorney's fees. But Magnuson-Moss does not set a clean numeric trigger the way New Hampshire does—there is no federal "three repairs or 30 days" rule. That is exactly why the state statute matters: New Hampshire's specific thresholds and its state-run arbitration board give you a faster, more predictable path than a general federal warranty lawsuit. Many consumers use the two together, invoking RSA 357-D before the Arbitration Board and keeping Magnuson-Moss in reserve as a court remedy.

Where to verify and get help

Because filing fees, notice details, and deadlines can change, confirm the current rules before you act. The arbitration process itself is run through the New Hampshire Division of Motor Vehicles, which publishes the request-for-arbitration forms and the board's procedures. For broader consumer questions—including problems the Lemon Law does not cover, such as used-car or deceptive-sales disputes—contact the New Hampshire Department of Justice, Office of the Attorney General, Consumer Protection and Antitrust Bureau. That office handles consumer complaints under New Hampshire's Consumer Protection Act (RSA 358-A) and can point you to the right venue. Verify any figure, fee, or deadline mentioned here against these official New Hampshire sources, since statutes and board rules are updated over time.

Practical steps if you think you have a lemon

  • Report problems early and in writing. Get every visit on a dated repair order, even if the shop says it cannot reproduce the issue.
  • Track your numbers. Count same-defect repair attempts and total business days the car sits in the shop, and keep loaner paperwork as proof.
  • Send the final-repair notice. After the third failed attempt, notify the manufacturer in the manner your warranty specifies and keep proof of delivery.
  • File with the Arbitration Board. Submit your request before your protection period and any filing deadline run out.
  • Keep paying your loan. Do not stop making car payments while your claim is pending—a missed payment can trigger repossession and damage your credit even if you ultimately win.

New Hampshire's Lemon Law gives real leverage, but it rewards good records and prompt action. The three-repair and 30-business-day thresholds, the one-year-or-warranty protection period, and the state Arbitration Board are the levers that turn a frustrating defect into an enforceable right to a refund or a new car.

This page is based on New Hampshire law. Limits and deadlines change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of New Hampshire’s own rules.

Frequently asked questions

How many repair attempts trigger New Hampshire's Lemon Law?

Under RSA 357-D, a presumption arises when the same substantial defect has been subject to repair three or more times and still exists, or when the vehicle has been out of service for repairs for a cumulative total of 30 or more business days within the protection period.

How long do I have to act under the New Hampshire Lemon Law?

The qualifying repairs or days out of service must occur during the term of protection, which is the manufacturer's express warranty period or one year from the date of original delivery, whichever expires first. File with the Arbitration Board before that window and any filing deadline close. Confirm current deadlines with the New Hampshire DMV.

Who decides New Hampshire Lemon Law disputes?

Disputes go to the New Hampshire New Motor Vehicle Arbitration Board, a state-run panel administered through the New Hampshire Division of Motor Vehicles. It is independent of the manufacturer, and its decisions are binding on the manufacturer unless appealed to court within the allowed time.

Does the New Hampshire Lemon Law cover used cars?

No. RSA 357-D is built around new motor vehicles purchased or leased in New Hampshire for personal, family, or household use. Used-car buyers may still have rights under the seller's warranty, the federal Magnuson-Moss Warranty Act, or New Hampshire's Consumer Protection Act enforced by the Attorney General's office.

Will I get a full refund or a replacement vehicle?

If you win, you generally choose between a comparable replacement vehicle or a refund of the purchase or lease price plus collateral charges like tax and fees. The manufacturer may deduct a limited, mileage-based allowance for your use before the defect was reported.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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