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 required by RSA 357-D:3 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 mandates arbitration through the state-administered New Motor Vehicle Arbitration Board (MVAB) before civil litigation may be commenced.

A. Covered Vehicles — RSA 357-D:1

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 — RSA 357-D:3

Protection applies during:

• The term of the express warranty, OR
• Three (3) years following original delivery to the consumer, whichever expires first.

C. Nonconformity Standard — RSA 357-D:1, VII

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:4

A rebuttable presumption that a reasonable number of repair attempts have been made arises when ANY of the following occurs during the coverage period:

1. Three-Repair Threshold (RSA 357-D:4, I):
The same nonconformity has been subject to repair 3 or more times by the manufacturer, its agents, or authorized dealers, and the nonconformity continues to exist.

2. Serious Safety Defect (RSA 357-D:4, II):
A nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven has been subject to repair 1 or more times, and the nonconformity continues to exist.

3. Thirty-Business-Day Threshold (RSA 357-D:4, III):
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 (not calendar days — this distinction is significant and unique to NH).

E. Written Notice and Final Repair Opportunity — RSA 357-D:3

Before pursuing remedies, the consumer must send written notification to the manufacturer of the need for repair of the nonconformity. Upon receipt, the manufacturer has one final opportunity to cure, not to exceed 7 business days.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION UNDER RSA 357-D:3.

F. Mandatory Arbitration — RSA 357-D:5

New Hampshire requires that consumers submit their lemon law claims to the New Motor Vehicle Arbitration Board (MVAB) before filing a civil action. The MVAB:

• Is administratively attached to the NH Department of Safety / Division of Motor Vehicles
• Consists of 5 members and 3 alternates (4 consumer representatives, 2 dealers, 2 mechanics)
• Conducts hearings at no cost to the consumer
• Issues decisions that are binding on the manufacturer if accepted by the consumer
• May be rejected by the consumer, who may then pursue civil litigation

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:4 because:

☐ Three-Repair Threshold Met (RSA 357-D:4, I): The same nonconformity has been subject to repair [____] times (3 or more required), and the defect continues to exist.

☐ Serious Safety Defect (RSA 357-D:4, II): A condition likely to cause death or serious bodily injury has been subject to repair [____] time(s) (1 or more required), and the defect continues to exist.

☐ Thirty-Business-Day Threshold Met (RSA 357-D:4, III): The vehicle has been out of service for repair for [____] business days (30 or more required).

VII. DEMAND FOR RELIEF

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

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

New Hampshire Use-Offset Calculation:

For passenger vehicles and trucks:
Use Allowance = Purchase Price × (Miles at First Repair ÷ 100,000)

For motorcycles with engine ≤ 250cc:
Use Allowance = Purchase Price × (Miles at First Repair ÷ 20,000)

For motorcycles with engine > 250cc:
Use Allowance = Purchase Price × (Miles at First Repair ÷ 40,000)

Note: The denominator varies by vehicle type — this motorcycle-specific calculation is unique to New Hampshire and reflects the lower expected mileage life of motorcycles.

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

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:7): A prevailing consumer is entitled to reasonable attorney fees and costs.
3. Incidental Damages: All expenses caused by the nonconformity (rental cars, towing, etc.).

VIII. FINAL REPAIR OPPORTUNITY — RSA 357-D:3

This letter provides [________________________________] (Manufacturer) with the final repair opportunity required under RSA 357-D:3. The manufacturer has seven (7) business days from receipt of this notice to cure the nonconformity.

Please contact undersigned counsel within five (5) business days to schedule the final repair attempt. If the nonconformity is not cured within the 7-business-day period, 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. Practitioners representing buyers of these vehicles should be aware of the motorcycle-specific mileage offset denominators (20,000 for ≤250cc; 40,000 for >250cc).

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

☐ 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.

☐ Mandatory State Arbitration Before Suit: Unlike states with optional arbitration or manufacturer-run programs, New Hampshire requires consumers to go through the state-administered MVAB before filing a civil action. The process is free and relatively quick, and the board's decision is binding on the manufacturer if accepted by the consumer.

☐ 7-Business-Day Final Cure: After written notice, the manufacturer gets only 7 business days for a final repair attempt — a tight window that underscores New Hampshire's consumer-friendly approach.

☐ 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).

☐ 3-Year Statute of Limitations: General civil actions in New Hampshire have a 3-year limitations period (RSA 508:4), shorter than many states. Claims should be filed 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.

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: April 2026.