The New Motor Vehicle Arbitration Board in New Hampshire

New Hampshire resolves most lemon-law disputes through the New Motor Vehicle Arbitration Board (MVAB) under RSA 357-D:5 — a state-run, governor-appointed panel administratively attached to the Division of Motor Vehicles. It is structured, fast, and low-cost for consumers.

How it works

1. Consumer files a complaint with the Board (within one year of warranty expiration or the last repair attempt).
2. The manufacturer gets one final repair within 40 days of filing (RSA 357-D:4, V).
3. A hearing is held within 40 days of the complaint.
4. The Board decides within 30 days after the hearing (RSA 357-D:5, IV).
5. The consumer elects refund or replacement within 30 days of a favorable decision.

A state-run, balanced panel

The Board has five voting members appointed by the governor (RSA 357-D:5, I): one new-car dealer, one person knowledgeable in automobile mechanics, and three consumer representatives with no industry ties — plus alternates. The consumer-majority composition is a structural advantage. This is closer to Hawaii’s state-run SCAP than to the manufacturer-operated programs of Idaho or the conditional IDS programs of Arizona and West Virginia.

What the Board can order

• Refund — full purchase price plus collateral charges and incidental/consequential damages, minus the 100,000-mile use offset.
• Replacement — a comparable new vehicle.
• The consumer elects between them within 30 days of the decision.

The narrow appeal — not de novo

Either party may appeal to Superior Court within 30 days (RSA 357-D:6), but the court does not retry the case. It reviews on a narrow standard — clear and convincing evidence of fraud, partiality, corruption, misconduct, or the Board exceeding its authority. In practice, the Board hearing is the decisive proceeding, so present your full case there. (This differs sharply from Maine’s trial de novo.)

The CPA enforcement hook

If a manufacturer fails to comply with a Board decision, that defiance 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 is New Hampshire’s primary deterrent against ignoring a Board ruling.

When to use the Board vs. court

Use the Arbitration Board for a fast, low-cost refund or replacement — it’s the natural first step in New Hampshire. Go to court (via the CPA or Magnuson-Moss) when you want multiplier damages and mandatory fees, or to enforce a defied Board decision.

Bottom line

New Hampshire’s New Motor Vehicle Arbitration Board is a state-run, consumer-majority panel that hears the case in 40 days and decides in 30 — with the consumer electing the remedy. Appeal is narrow, so build your record at the hearing, and remember that defying a Board decision triggers CPA treble damages. Get a free case review before or after the hearing.

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