Refund (Buyback) Under the New Hampshire Lemon Law
How a New Hampshire lemon-law refund is calculated — full purchase price plus collateral and incidental/consequential damages, minus a use offset on a 100,000-mile basis, at the consumer's election.
A New Hampshire refund — the “buyback” — returns the full purchase price plus collateral charges and incidental/consequential damages, minus a use offset on a 100,000-mile basis, under RSA 357-D:3. The consumer elects the refund over a replacement within 30 days of the Board decision.
What the refund includes
- Full purchase price (or, for a lease, payments made plus the cap-cost reduction).
- Collateral charges — license, finance, credit, and registration fees. (New Hampshire has no general sales tax, so there is no sales-tax component.)
- Incidental and consequential damages — towing, rental/alternative transportation, and similar.
The use offset — a 100,000-mile basis
New Hampshire’s reasonable-allowance-for-use (RSA 357-D:3, V & IX) multiplies the purchase price by a fraction:
- Numerator — miles driven before the first repair attempt (not total miles).
- Denominator — 100,000 for standard vehicles (20,000 for motorcycles/OHRVs of 250cc or less; 40,000 for over 250cc).
The combination of a 100,000-mile denominator and a before-first-repair numerator keeps the deduction small — a New Hampshire refund stays close to full price.
A typical refund calculation
For a $36,000 vehicle, first repair attempt at 6,000 miles:
| Component | Amount |
|---|---|
| Purchase price | $36,000 |
| License + registration + towing/rental | + as documented |
| Use offset (6,000 ÷ 100,000 × $36,000) | − $2,160 |
| Net refund | ≈ $33,840 plus collateral/incidental charges |
The earlier the first repair attempt, the smaller the offset.
The consumer elects
The consumer chooses refund or replacement within 30 days of a favorable Board decision — New Hampshire’s consumer-favorable election.
Lease refunds
For leased vehicles, the refund covers aggregate deposits and rental (lease) payments, plus collateral charges, with the manufacturer also paying the lessor a small administrative fee (capped at 5% under RSA 357-D:3, IX).
Don’t forget the extras
A refund isn’t always the whole recovery: incidental and consequential damages are recoverable, and the CPA adds actual damages or $1,000, double-to-treble damages, and mandatory fees — especially if the manufacturer defies a Board decision. See attorney fees.
Bottom line
The New Hampshire buyback returns the full purchase price plus collateral and incidental/consequential damages minus a small 100,000-mile use offset — at the consumer’s election, with no sales tax to recover. Layer in CPA damages where the facts support it. Get a free case review to estimate your refund.
Related
Attorney Fees in New Hampshire Lemon Law Cases
New Hampshire's fee structure — discretionary in standalone lemon-law suits, mandatory under the Consumer Protection Act (§ 358-A:10), plus Magnuson-Moss § 2310(d)(2).
Read → ArticleCash-and-Keep Settlements in New Hampshire
How cash-and-keep settlements work in New Hampshire lemon-law cases — a negotiated cash payment where you keep the vehicle, common when the defect is real but livable.
Read → ArticleNew Hampshire CPA Damages in Lemon Law Cases
How the New Hampshire Consumer Protection Act amplifies recoveries — actual damages or $1,000, double-to-treble damages for willful violations, and mandatory attorney fees, with no pre-suit demand.
Read → ArticleReplacement Vehicle Under the New Hampshire Lemon Law
When a New Hampshire lemon-law claim results in a comparable replacement vehicle — at the consumer's election within 30 days of the Arbitration Board decision.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.