The New Hampshire Lemon Law (RSA 357-D)

New Hampshire’s lemon law is codified at RSA 357-D:1 to :12. It is built around the New Motor Vehicle Arbitration Board — a state-run, governor-appointed panel — and it is consumer-favorable in several respects: the consumer elects refund or replacement, coverage runs through the warranty term plus one year, the use offset uses a 100,000-mile basis, and the statute reaches motorcycles, OHRVs, and snowmobiles (mopeds and tractors excluded).

The core promise

Section 357-D:3 requires the manufacturer, when it cannot conform the vehicle to the express warranty after a reasonable number of attempts, to replace the vehicle or refund the purchase price — with the consumer choosing which remedy within 30 days of a Board decision.

Who’s covered

RSA 357-D:2 covers a new motor vehicle sold or leased in New Hampshire:

• A four-wheel motor vehicle with a gross vehicle weight of 11,000 lbs or less (tractors and mopeds excluded).
• Motorcycles.
• Off-highway recreational vehicles (OHRVs) and snowmobiles.

Leased vehicles are covered. The defect must substantially impair the use, market value, or safety of the vehicle.

The warranty-plus-one-year period

New Hampshire’s protected period runs through the manufacturer’s express warranty term plus one additional year (RSA 357-D:3) — longer than the fixed 1- or 2-year windows of most states. So a vehicle with a 3-year basic warranty is protected for the defect/repair history accruing over roughly 4 years.

The presumption: 3 attempts or 30 business days

Section 357-D:3, VII presumes a reasonable number of attempts where, within the protected period:

• The same defect has been subject to repair 3 or more times and continues to exist; OR
• The vehicle has been out of service for repair a cumulative 30 or more business days.

Repairs should be documented by repair orders from the same dealer unless there is good cause to switch (RSA 357-D:3, VIII). Note: unlike Maine and Idaho, New Hampshire has no one-attempt rule for serious safety defects — every defect uses the 3-attempt / 30-day track. See repair-attempt presumption.

The consumer-elected remedy and the 100,000-mile offset

When the Arbitration Board finds for the consumer, the consumer elects — within 30 days of the decision — either a refund or a comparable replacement (RSA 357-D:3, V).

The refund returns the full purchase price plus collateral charges (license, finance, credit, registration fees) and incidental and consequential damages — less a reasonable allowance for use. New Hampshire’s offset (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 (standard vehicles), 20,000 (motorcycles/OHRVs of 250cc or less), or 40,000 (over 250cc).

The combination of a 100,000-mile denominator and a before-first-repair numerator makes New Hampshire’s use deduction unusually small — the refund stays close to full price.

Attorney fees

In a lemon-law court action, “the court, in its discretion, may award” the consumer costs and reasonable attorney fees (and may award fees to a defendant for a claim brought with no substantial justification). The stronger fee hook is the Consumer Protection Act, where fees are mandatory for a prevailing plaintiff and damages can be doubled or trebled. See attorney fees.

The New Motor Vehicle Arbitration Board (RSA 357-D:5)

Disputes are decided by the New Motor Vehicle Arbitration Board — five voting members appointed by the governor (a new-car dealer, a person knowledgeable in auto mechanics, and three consumer representatives), with alternates. A hearing is held within 40 days of the complaint and a decision within 30 days after the hearing. Either side may appeal to Superior Court within 30 days — but only on a narrow standard (clear and convincing evidence of fraud, partiality, corruption, or the Board exceeding its authority), not a trial de novo. See state arbitration board.

How New Hampshire compares

Feature	New Hampshire	Maine	Idaho	Arizona
Enforcement	State board (MVAB)	AG arb (mandatory)	Court (after ID mechanism)	Court (after BBB if mandatory)
Same-defect attempts	3	3	4	4
Safety-defect attempts	None (no 1-attempt rule)	1 (braking/steering)	1 (braking/steering)	(none)
OOS threshold	30 business days	15 business days	30 business days	30 cal days
Protected period	Warranty + 1 yr	3 yr / 18,000 mi	2 yr / 24K (3-yr window)	2 yr / 24K
Remedy election	Consumer	Consumer	Mfr, consumer veto	Consumer
Use offset	÷100,000-mi, pre-first-repair	10%-of-price cap	÷120,000-mi formula	yes
Recreational vehicles	Motorcycle/OHRV/snowmobile	(commercial-focused)	(cars/trucks)	(cars/trucks)
UDAP treble	2x–3x (willful) + min $1,000	No (actual + restitution)	Discretionary	None

New Hampshire stands out for its state-run Arbitration Board, the warranty-plus-one-year period, the 100,000-mile / pre-first-repair offset, broad recreational-vehicle coverage, and a CPA with multiplier teeth.

Bottom line

The New Hampshire Lemon Law gives consumers a state-run Arbitration Board, coverage through the warranty term plus a year, a consumer-elected refund/replacement with a small (100,000-mile) use offset, and broad vehicle coverage. Pair it with the Consumer Protection Act (treble + mandatory fees) and Magnuson-Moss. File within one year of warranty expiration or the last repair attempt.

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