The Manufacturer's Response in a New Hampshire Lemon Law Claim

Once you file with the Arbitration Board, the manufacturer’s response shapes the rest of a New Hampshire lemon-law claim — starting with the 40-day final repair.

The 40-day final repair

After a complaint is filed, the manufacturer is entitled to one final repair attempt within 40 days (RSA 357-D:4, V), at a reasonably accessible facility. Cooperate, but:

• Keep the repair order documenting the visit and result.
• Count the days toward the 30-business-day tally.
• A failed final repair strengthens your case before the Board.

Common manufacturer responses

• Successful repair — if genuinely fixed, the claim may resolve (without prejudice to a future recurrence).
• Another “no problem found” — adds to your attempt count if you reported the defect.
• Goodwill offer (extended warranty, partial credit) — often below a full refund.
• Refund or replacement offer — remember the consumer elects between them.
• Contesting the presumption at the Board hearing.

Common defenses

• The defect does not substantially impair use, market value, or safety (RSA 357-D:2).
• The problem resulted from abuse, neglect, or unauthorized modification.
• The attempts weren’t at the same dealer without good cause.
• The defect was fixed within a reasonable number of attempts.

Clean documentation defeats these.

The consequences of defying a Board decision

New Hampshire’s sharpest pressure point: if a manufacturer fails to comply with a Board decision, that is a per se violation of the Consumer Protection Act — exposing it to double-to-treble damages and mandatory attorney fees under § 358-A:10. This strongly discourages a manufacturer from ignoring an adverse ruling.

Bottom line

Cooperate with the 40-day final repair, document everything, and recognize the affirmative defenses. New Hampshire’s CPA — with treble damages and mandatory fees for defying a Board decision — puts real pressure on a manufacturer that has failed to repair. Get a free case review.

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