Lemon Law Demand Letter — New Hampshire

LEMON LAW DEMAND LETTER

Pursuant to RSA 357-D — State of New Hampshire

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To Manufacturer:
[________________________________]
ATTN: Customer Relations / Legal Department
[________________________________]
[________________________________]

To Selling/Servicing Dealer:
[________________________________]
ATTN: General Manager / Service Director
[________________________________]
[________________________________]

Re: NEW HAMPSHIRE LEMON LAW DEMAND — STATUTORY NOTICE UNDER RSA 357-D
Consumer/Owner: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Mileage: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") concerning the above-referenced vehicle, which qualifies as a "lemon" under the New Hampshire New Motor Vehicle Arbitration Law, RSA 357-D:1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. This letter constitutes the written notification to the manufacturer contemplated by RSA 357-D:4, I and a formal demand for repurchase or replacement.

I. NEW HAMPSHIRE LEMON LAW — UNIQUE STATUTORY FRAMEWORK

New Hampshire's lemon law (RSA 357-D) is distinctive among state lemon laws in several important respects: it covers motorcycles, off-highway recreational vehicles (OHRVs), and snowmobiles in addition to standard passenger vehicles; it requires only 3 repair attempts (fewer than most states); it counts business days (not calendar days) for the out-of-service threshold; and it provides a state-administered New Motor Vehicle Arbitration Board (MVAB) through which the consumer obtains the statutory repurchase/replacement remedy (the consumer elects the MVAB or the manufacturer's own dispute-settlement mechanism; electing one precludes the other under RSA 357-D:4, I).

A. Covered Vehicles — RSA 357-D:2, X

New Hampshire's lemon law covers the following new vehicles purchased or leased (with a lease term of at least 2 years) in New Hampshire:

☐ Passenger vehicles with a gross vehicle weight (GVW) of 11,000 pounds or less
☐ Light trucks with a GVW of 11,000 pounds or less
☐ Motorcycles (as defined in RSA 259:63)
☐ Off-highway recreational vehicles (OHRVs) (as defined in RSA 215-A:1, VI)
☐ Snowmobiles (as defined in RSA 215-C:1, XV)

Note: New Hampshire's inclusion of motorcycles, OHRVs, and snowmobiles is significantly broader than most state lemon laws, which typically cover only passenger vehicles and light trucks.

B. Coverage Period and Filing Deadline — RSA 357-D:3, III; RSA 357-D:11

Coverage is measured by the manufacturer's express warranty term. The consumer must report the nonconformity to the manufacturer, its agent, or an authorized dealer during the term of the warranty (RSA 357-D:3, III), and the presumption thresholds below must be satisfied within the express warranty term (RSA 357-D:3, VII).

Filing deadline (RSA 357-D:11, I): A proceeding under this chapter must be commenced within one year following the later of (a) the expiration of the express warranty term, or (b) the manufacturer's final repair attempt of the nonconformity. New Hampshire's lemon law sets no separate fixed "3-year" coverage period.

C. Nonconformity Standard — RSA 357-D:2, XIV

A "nonconformity" is a defect or condition that substantially impairs the use, market value, or safety of the motor vehicle and is not the result of the consumer's abuse, neglect, or unauthorized modification.

D. Presumption of Lemon Status — RSA 357-D:3, VII

A rebuttable presumption that a reasonable number of repair attempts have been made arises when EITHER of the following occurs. New Hampshire's lemon law has only these two presumption triggers — there is no reduced "serious safety defect / single repair attempt" threshold:

1. Three-Repair Threshold (RSA 357-D:3, VII(a)):
The same nonconformity (as identified in a written examination or repair order) has been subject to repair at least 3 times by the manufacturer, its agent, or authorized dealer within the express warranty term, and the same nonconformity continues to exist.

2. Thirty-Business-Day Threshold (RSA 357-D:3, VII(b)):
The vehicle has been out of service by reason of repair of one or more nonconformities for a cumulative total of 30 or more business days during the term of the express warranty (not calendar days — this distinction is significant to NH). The warranty term and the 30-day period are extended for any period repair service was unavailable due to war, invasion, strike, fire, flood, or other natural disaster.

Evidence requirement (RSA 357-D:3, VIII): Each qualifying repair attempt must be evidenced by a written examination or repair order. The presumption applies only to attempts undertaken by the same agent or authorized dealer, unless the consumer shows good cause for using a different one.

E. Written Notice, Election, and Final Repair Opportunity — RSA 357-D:4

After the third repair attempt (or after 30 or more cumulative business days out of service), the consumer must notify the manufacturer and lessor in writing — on forms the manufacturer is required to provide — of the nonconformity and of the consumer's election to proceed either under the manufacturer's dispute-settlement mechanism or before the New Hampshire New Motor Vehicle Arbitration Board (RSA 357-D:4, I). Electing one method precludes recourse to the other.

Within the 40-day period during which the arbitration is held (RSA 357-D:4, IV), the manufacturer has one final opportunity to correct and repair the defect (RSA 357-D:4, V). New Hampshire's lemon law sets no separate fixed "business-day" final-cure period — the final repair opportunity runs within that 40-day arbitration window.

THIS LETTER CONSTITUTES WRITTEN NOTIFICATION OF THE NONCONFORMITY UNDER RSA 357-D:4, I.

F. State Arbitration Board — RSA 357-D:5; RSA 357-D:6

To obtain the statutory repurchase/replacement remedy, the consumer elects the New Motor Vehicle Arbitration Board (MVAB) or the manufacturer's own certified dispute-settlement mechanism (RSA 357-D:4, I). The MVAB:

• Is administratively attached to the NH Department of Safety under RSA 21-G:10 (RSA 357-D:5, II)
• Consists of 5 members and 3 alternates appointed by the governor and council: 3 members (and 1 alternate) who represent consumers, 1 member (and 1 alternate) new-car dealer, and 1 member (and 1 alternate) knowledgeable in automobile mechanics; 3 members constitute a quorum (RSA 357-D:5, I)
• Requires a $50 consumer filing fee and a $250 manufacturer filing fee (RSA 357-D:4, III)
• Holds a hearing within 40 days of the complaint and renders a decision within 30 days after the hearing (RSA 357-D:5, IV)
• Issues a decision that is final and binding on both parties, subject only to a narrow appeal to the superior court within 30 days — reversible only on clear and convincing proof of corruption, fraud, evident partiality, the board exceeding its powers, or specified procedural misconduct (RSA 357-D:6)

A manufacturer's or distributor's failure to comply with a board decision is a per se unfair or deceptive act or practice under RSA 358-A:2 (RSA 357-D:7). Nothing in RSA 357-D limits other remedies otherwise available to the consumer (RSA 357-D:11, II).

Contact: New Motor Vehicle Arbitration Board, 23 Hazen Drive, Concord, NH 03305; (603) 227-4385; [email protected]

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

All nonconformities described herein arose during the applicable warranty period and remain unresolved.

IV. DESCRIPTION OF NONCONFORMITY

Primary Defect

Additional Defect(s)

[________________________________]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

[Attach additional repair attempt sheets as needed]

Repair Summary

VI. LEMON LAW QUALIFICATION

Our Client's vehicle satisfies the statutory presumption under RSA 357-D:3, VII because:

☐ Three-Repair Threshold Met (RSA 357-D:3, VII(a)): The same nonconformity has been subject to repair [____] times (at least 3 required), evidenced by written repair orders, and the defect continues to exist.

☐ Thirty-Business-Day Threshold Met (RSA 357-D:3, VII(b)): The vehicle has been out of service for repair for [____] business days (30 or more required) during the express warranty term.

VII. DEMAND FOR RELIEF

Pursuant to RSA 357-D:3, we demand the following:

Option A — Refund / Repurchase (RSA 357-D:3, V)

New Hampshire Use-Offset Calculation (RSA 357-D:3, V):

The reasonable allowance for use is the amount directly attributable to use before the first repair attempt, calculated as Purchase Price × (miles traveled prior to the first repair attempt ÷ the applicable denominator):

For passenger vehicles and trucks: denominator = 100,000

For a motorcycle, snowmobile, or OHRV with an engine ≤ 250cc: denominator = 20,000

For a motorcycle, snowmobile, or OHRV with an engine > 250cc: denominator = 40,000

Note: The smaller denominators for motorcycles, snowmobiles, and OHRVs are set by statute (RSA 357-D:3, V) and reflect the lower expected mileage life of those vehicles. (Leased-vehicle refunds use the RSA 357-D:3, IX formula.)

Option B — Replacement (RSA 357-D:3, V)

The manufacturer shall provide a comparable new motor vehicle of equivalent value, plus payment of all collateral charges and incidental damages.

Additional Relief

1. Loan/Lease Payoff: Manufacturer must satisfy any outstanding lien or lease obligation.
2. Attorney Fees (RSA 357-D:10): In a court action for breach of an express warranty, the court may, in its discretion, award costs and reasonable attorney's fees to the plaintiff; if the court determines the action was brought with no substantial justification, it may award costs and fees to the defendant (two-way).
3. Incidental Damages: All expenses caused by the nonconformity (rental cars, towing, etc.).

VIII. FINAL REPAIR OPPORTUNITY — RSA 357-D:4, V

This letter notifies [________________________________] (Manufacturer) of the nonconformity and of the Consumer's intent to proceed before the New Hampshire New Motor Vehicle Arbitration Board. Under RSA 357-D:4, V, the manufacturer is entitled to one final opportunity to correct and repair the defect within the 40-day period during which the arbitration is held (RSA 357-D:4, IV).

Please contact undersigned counsel promptly to schedule the final repair attempt. If the nonconformity is not cured, our Client will file a complaint with the New Hampshire New Motor Vehicle Arbitration Board.

IX. DOCUMENT PRESERVATION DEMAND

You are directed to preserve all documents and records related to this vehicle, including but not limited to:

☐ All repair orders, warranty claims, and service records
☐ All Technical Service Bulletins (TSBs) related to the reported defects
☐ All customer complaints regarding similar defects in the same make/model/year
☐ All communications between dealer and manufacturer concerning this vehicle
☐ All engineering analyses, field reports, and quality data
☐ The vehicle itself — do not destroy, sell, auction, or alter

Spoliation of evidence may result in adverse inference instructions and separate sanctions.

X. RESPONSE DEADLINE

Please respond in writing within fourteen (14) days with:

1. Your position on whether the vehicle qualifies as a lemon under RSA 357-D
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

☐ File a complaint with the New Hampshire New Motor Vehicle Arbitration Board (23 Hazen Drive, Concord, NH 03305)

☐ File a complaint with the New Hampshire Attorney General — Consumer Protection Bureau (33 Capitol Street, Concord, NH 03301; 1-888-468-4454)

☐ Pursue civil litigation under RSA 357-D and the Magnuson-Moss Warranty Act, seeking refund/replacement, attorney fees, and all available damages

Respectfully submitted,

[________________________________]

By: _________________________________
[________________________________], Esq.
New Hampshire Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Counsel for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders
☐ Copy of purchase/lease agreement
☐ Copy of warranty booklet
☐ Vehicle registration
☐ Photographs/videos of defect
☐ Prior correspondence with manufacturer/dealer
☐ Authorization to represent

cc:
[________________________________] (Consumer)
[________________________________] (Lienholder, if applicable)
New Hampshire Attorney General — Consumer Protection Bureau

NEW HAMPSHIRE LEMON LAW — QUICK REFERENCE TABLE

NEW HAMPSHIRE-SPECIFIC NOTES

☐ Motorcycle, OHRV, and Snowmobile Coverage: New Hampshire is one of very few states whose lemon law explicitly covers motorcycles, off-highway recreational vehicles, and snowmobiles (RSA 357-D:2, X). Practitioners representing buyers of these vehicles should be aware of the reduced mileage-offset denominators (20,000 for ≤250cc; 40,000 for >250cc) that apply to motorcycles, snowmobiles, and OHRVs alike (RSA 357-D:3, V).

☐ 3 Repair Attempts — Lower Than Most States: Many states require 4 repair attempts before the lemon presumption triggers. New Hampshire's 3-attempt threshold (RSA 357-D:3, VII(a)) makes it easier for consumers to qualify.

☐ No Reduced Safety-Defect Threshold: Unlike some states, New Hampshire's presumption has only the 3-repair and 30-business-day triggers (RSA 357-D:3, VII). There is no "one repair attempt for a serious safety defect" shortcut — do not plead one.

☐ Business Days, Not Calendar Days: The 30-day out-of-service threshold counts only business days. This is more favorable to consumers because weekends and holidays are excluded, meaning the actual calendar time needed to trigger this threshold may be 6 weeks or more.

☐ State Arbitration — Election, Fee, and Binding Effect: The consumer obtains the statutory remedy by electing either the state-administered MVAB or the manufacturer's own certified dispute-settlement mechanism; electing one precludes the other (RSA 357-D:4, I). The MVAB is not free — a $50 consumer filing fee applies (RSA 357-D:4, III). The board's decision is final and binding on both parties, subject only to a narrow superior-court appeal within 30 days (RSA 357-D:6). Other remedies remain available (RSA 357-D:11, II).

☐ 40-Day Final Repair Window: After the consumer elects arbitration, the manufacturer is entitled to one final repair attempt within the 40-day arbitration window (RSA 357-D:4, IV–V). The statute sets no separate fixed "business-day" cure period.

☐ No State Income Tax / No State Sales Tax: New Hampshire imposes neither a state income tax on wages nor a general sales tax. This means that damage awards and refund amounts are not reduced by state income tax, and the tax component of a refund calculation does not include state sales tax (though document preparation fees and other charges may still apply).

☐ One-Year Lemon-Law Limitation: A proceeding under RSA 357-D must be commenced within one year following the later of warranty expiration or the manufacturer's final repair attempt (RSA 357-D:11). (New Hampshire's general 3-year personal-action limitation, RSA 508:4, may govern collateral UCC or Magnuson-Moss claims, but the lemon-law proceeding itself is time-barred by the RSA 357-D:11 one-year clock — file promptly.)

☐ AG Consumer Protection Bureau: Filing a complaint with the NH Attorney General's Consumer Protection Bureau (Concord) can be a powerful parallel strategy, as the AG has enforcement authority under RSA 358-A. A manufacturer's failure to comply with an MVAB decision is a per se unfair or deceptive act or practice under RSA 358-A:2 (RSA 357-D:7).

Sources and References

• RSA 357-D (full text) — NH General Court RSA
• NH DMV — New Motor Vehicle Arbitration Board — NH DMV
• NH DMV — Arbitration Law Text — NH DMV
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. — U.S. Code
• NH Attorney General — Consumer Protection Bureau — NH DOJ

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements may change; verify current statutes with a licensed New Hampshire attorney. Last updated: July 2026.