Lemon Law Basics: New Hampshire Lemon Laws
Summary of New Hampshire Lemon Law
Which vehicles are covered under New Hampshire lemon law?
New Hampshire lemon law covers motorcycles and four-wheeled passenger
vehicles less than 9,000 pounds gross vehicle weight which are leased
or sold in New Hampshire. Used vehicles are included if the manufacturer's
warranty still applies. Motor homes, tractors, snowmobiles, off-road vehicles,
and mopeds are not covered by New Hampshire lemon law.
What problems are covered by New Hampshire lemon law?
New Hampshire lemon law states that if a qualified vehicle has a serious
nonconformity that falls under warranty and that impairs the vehicle's
use, value, or safety, the manufacturer must repair the nonconformity
at no cost. An exception is made if the nonconformity was the result of
abuse or modification by the owner. New Hampshire lemon law cannot be
applied if the consumer stopped lease or purchase payments as a result
of breach of contract regarding the nonconformity on the part of the manufacturer.
If the manufacturer is unable to repair the nonconformity after a reasonable
number of tries, the vehicle must be replaced or repurchased. New Hampshire
lemon law defines a reasonable number of tries as three unsuccessful attempts
to repair the same nonconformity, or a total of 30 business days during
which the vehicle was out of commission for repairs for the majority of
the day. All three attempts must be made by the same repair facility,
unless there is a good reason for the change.
Filing a claim under New Hampshire lemon law
After the manufacturer has had a reasonable chance to repair the nonconformity,
the consumer must send him a written notice of intent to pursue relief
under New Hampshire lemon law. The written notice must be submitted on
a form provided by the manufacturer at the time of the vehicle's delivery.
The consumer can choose whether to use the manufacturer's informal settlement
process or a state arbitration board, and this choice must be indicated
on the form. The claim must be made within one year of the expiration
of the warranty or the manufacturer's final attempt to repair the nonconformity,
whichever comes later. The process must begin within 40 days of receipt
of the notice, and the manufacturer has one final attempt within this
time period to repair the nonconformity.
What settlements are possible under New Hampshire lemon law?
If an owned vehicle is repurchased under New Hampshire lemon law, the
manufacturer must pay a sum that includes the full purchase price including
credits and trade-ins, government fees like tax, tags, and registration,
and incidental costs related to the nonconformity. An offset for reasonable
usage of the vehicle may be subtracted from this sum. The offset is calculated
by dividing the number of miles on the vehicle at the time of the first
attempt to repair the nonconformity by 100,000 (or 20,000 for motorcycles)
and multiplying the result by the full purchase price.
If a leased vehicle is repurchased under New Hampshire lemon law, the
manufacturer must pay a sum to the lessor that includes 105% of the full
purchase price, installed options, lease fees, and freight costs, minus
deposits and payments received by the lessee. The manufacturer must pay
a sum to the lessee that includes all payments made to the lessor, the
deposit and trade-in allowances paid at the time the lease was made, and
incidental costs related to the nonconformity.
An offset for reasonable usage of the vehicle may be subtracted from
this sum. The offset is calculated by dividing the number of miles on
the vehicle at the time of the first attempt to repair the nonconformity
by 100,000 (or 20,000 for motorcycles) and multiplying the result by the
full amount of the deposit and payments made.
If a vehicle is replaced under New Hampshire lemon law, the manufacturer
must provide the consumer with a comparable vehicle. No usage offset may
be applied.
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