New Hampshire lemon laws are dealt with in New Hampshire Revised Statutes, Title XXXI, Chapter 357-D (New Motor Vehicle Arbitration), Section 357-D: 1 et seq. Under Section 357 D: 2, nonconformity is any defect or condition that substantially impairs the use, value or safety of a motor vehicle; as a result of nonconformity to all applicable warranties. The prescribed time limit for manufacturer repair is the term of such warranties. During this time limit the consumer should report any nonconformity, defect, or condition to the manufacturer, its agent, or its authorized dealer. The manufacturer, its agent, or its authorized dealer should repair or correct the nonconformity, defect, or condition at no charge to the consumer, within this time period. Section 357 D: 3 provides for the enforcement of warranties.
Certain remedies are available to the consumer if the manufacturer, its agent, or authorized dealer is unable to repair or correct any nonconformity, defect, or condition which results in significant impairment of the motor vehicle, after a reasonable number of attempts. The manufacturer should either replace the motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer. The motor vehicle should be replaced with a new motor vehicle from the same manufacturer, if available, of comparable worth to the same make and model with all options and accessories with appropriate adjustments being allowed for any model year differences. The refund includes the full purchase price and all credits and allowances for any trade-in or down payment, license fees, finance charges, credit charges, registration fees, and any similar charges and incidental and consequential damages.
The consumer has the option to choose from either of the two remedies. From the full purchase price, the manufacturer can deduct a reasonable allowance for the consumer’s use of the motor vehicle. The manufacturer should enforce these remedies within 30 days of the effective date of the New Hampshire new motor vehicle arbitration board’s order. The remedies are enumerated under Section 357-D: 3 (v).
RSA 357-D:2
Definitions.
In this chapter:
XIV. “Nonconformity” means a defect or condition that substantially impairs the use, value or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
RSA 357-D:3
Enforcement of Warranties.
I. Every new motor vehicle sold in this state shall conform to all applicable warranties.
II. It shall be the manufacturer’s obligation under this chapter to insure that all new motor vehicles sold or leased in this state conform with the manufacturer’s express warranties. The manufacturer may delegate responsibility to its agents or authorized dealers provided, however, in the event the manufacturer delegates its responsibility under this chapter to its agents or authorized dealers, it shall compensate the dealer for all work performed by the dealer in satisfaction of the manufacturer’s responsibility under this chapter.
III. If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of the warranty, the manufacturer shall cause whatever repairs are necessary to conform the vehicle to the warranties, notwithstanding the fact that the repairs are made after the expiration of a warranty term.
IV. A manufacturer, its agent or authorized dealer shall not refuse to provide a consumer with a written repair order and shall provide to the consumer, each time the consumer’s vehicle is brought in for examination or repair of a defect, a written summary of the complaint and a fully itemized statement indicating all work performed on the vehicle including, but not limited to, examination of the vehicle, parts, and labor.
V. If, after a reasonable number of attempts, the manufacturer, its agent or authorized dealer or its delegate is unable to conform the motor vehicle to any express warranty by repairing or correcting any defect or condition covered by the warranty which substantially impairs the use, market value, or safety of the motor vehicle to the consumer, the manufacturer shall, at the option of the consumer within 30 days of the effective date of the board’s order, replace the motor vehicle with a new motor vehicle from the same manufacturer, if available, of comparable worth to the same make and model with all options and accessories with appropriate adjustments being allowed for any model year differences or shall accept return of the vehicle from the consumer and refund to the consumer the full purchase price or to the lessee, in the case of leased vehicles, as provided in paragraph IX. In those instances in which a refund is tendered, the manufacturer shall refund to the consumer the full purchase price as indicated in the purchase contract and all credits and allowances for any trade-in or down payment, license fees, finance charges, credit charges, registration fees, and any similar charges and incidental and consequential damages or, in the case of leased vehicles, as provided in paragraph IX. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear, or to the motor vehicle lessor and lessee as provided in paragraph IX. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to the first repair attempt and shall be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator 100,000, or for a motorcycle, snowmobile, or OHRV with an engine size of 250 cubic centimeters or smaller 20,000, or for a motorcycle, snowmobile, or OHRV with an engine size greater than 250 cubic centimeters 40,000, and having as its numerator the number of miles that the vehicle traveled prior to the first attempt at repairing the vehicle.
