LEMON LAW DEMAND LETTER
STATE OF NEW HAMPSHIRE
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL
[DATE]
[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]
[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]
Re: NEW HAMPSHIRE LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the New Hampshire Lemon Law, RSA Section 357-D:1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.
I. NEW HAMPSHIRE LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the New Hampshire Lemon Law, RSA Section 357-D:1 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.
B. Covered Vehicles
Under RSA Section 357-D:1, VI, a "motor vehicle" means:
- A new motor vehicle purchased or leased in New Hampshire
- Self-propelled vehicles primarily used for personal, family, or household purposes
- Excludes: Motorcycles, motor homes, and commercial vehicles over 9,000 pounds GVWR
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under New Hampshire's Lemon Law.
C. Coverage Period
New Hampshire's Lemon Law applies during:
- The term of the express warranty OR three (3) years following original delivery, whichever comes first. RSA Section 357-D:3.
D. Presumption of Nonconformity
Under RSA Section 357-D:4, there is a rebuttable presumption that a reasonable number of attempts have been made if:
-
Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR
-
Serious Safety Defect: A condition that is likely to cause death or serious bodily injury has been subject to repair one (1) or more times; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).
E. Manufacturer Notice Requirement
Under RSA Section 357-D:3, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one final opportunity (not to exceed 7 business days) to cure the nonconformity after receiving such notice.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
The defects complained of arose during the applicable warranty period and remain unresolved.
IV. DEFECT DESCRIPTION
A. Nature of Defect(s)
The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required under RSA Section 357-D:1, VII:
PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]
ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]
V. REPAIR HISTORY
Repair Attempt #1
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. New Hampshire Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under New Hampshire law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under RSA Section 357-D:4, I.
[ ] Serious Safety Defect:
A condition likely to cause death or serious bodily injury has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under RSA Section 357-D:4, II.
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-business-day threshold under RSA Section 357-D:4, III.
B. Magnuson-Moss Warranty Act
In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.
VII. ARBITRATION NOTICE
Under RSA Section 357-D:5, New Hampshire has established a Motor Vehicle Arbitration Board. Consumers must submit their claims to this Board before filing a civil action. The Board's decision is binding on the manufacturer if accepted by the consumer.
Our Client intends to file a complaint with the New Hampshire Motor Vehicle Arbitration Board if this matter is not resolved.
VIII. DEMAND FOR RELIEF
Pursuant to RSA Section 357-D:3, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under RSA Section 357-D:3, I(a), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Collateral Charges (taxes, fees, finance charges) | $[AMOUNT] |
| Plus: Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
The reasonable allowance for use under New Hampshire law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator. RSA Section 357-D:3, I(a).
[ ] REPLACEMENT
Under RSA Section 357-D:3, I(b), the manufacturer must provide a comparable new motor vehicle.
B. Additional Relief
-
Attorney's Fees and Costs: Under RSA Section 357-D:7, a prevailing consumer may recover reasonable attorney's fees and costs.
-
Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.
-
Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.
IX. FINAL REPAIR OPPORTUNITY
This letter provides [MANUFACTURER] with the final repair opportunity required under RSA Section 357-D:3. The manufacturer has seven (7) business days from receipt of this notice to cure the nonconformity.
Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 7-business-day period, our Client will file for arbitration through the New Hampshire Motor Vehicle Arbitration Board.
X. DOCUMENT PRESERVATION
You are hereby directed to preserve all documents and records relating to this vehicle, including:
- All repair orders and warranty claims
- All technical service bulletins related to the defect
- All customer complaints regarding similar defects
- All communications between dealer and manufacturer
- All engineering documents and analyses
- The vehicle itself (do not destroy, sell, or alter)
XI. RESPONSE DEADLINE
Please respond to this demand in writing within fourteen (14) days of the date of this letter with:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of the final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] File for arbitration with the New Hampshire Motor Vehicle Arbitration Board
[ ] Report this matter to the New Hampshire Attorney General - Consumer Protection Bureau
XII. CONCLUSION
Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under New Hampshire law.
We urge you to resolve this matter promptly and avoid unnecessary arbitration and litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
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
cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
New Hampshire Attorney General - Consumer Protection Bureau
NEW HAMPSHIRE LEMON LAW QUICK REFERENCE
| Element | New Hampshire Requirement |
|---|---|
| Statute | RSA Section 357-D:1 et seq. |
| Coverage | New consumer motor vehicles |
| Excludes | Motorcycles, motor homes, commercial vehicles over 9,000 lbs GVWR |
| Coverage Period | Warranty term or 3 years, whichever first |
| Repair Attempts Required | 3 for same defect; 1 for serious safety defect |
| Days Out of Service | 30 business days |
| Notice Required | Written notice to manufacturer; 7-business-day final repair opportunity |
| Arbitration Required | Yes, through NH Motor Vehicle Arbitration Board |
| Mileage Offset | (Purchase Price) x (Miles at First Repair / 100,000) |
| Civil Penalty | No |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | Within coverage period |
PRACTICE NOTES FOR NEW HAMPSHIRE LEMON LAW CLAIMS
Pre-Filing Considerations
-
Long Coverage Period: New Hampshire provides 3 years of coverage, longer than most states.
-
Low Thresholds: Only 3 repair attempts required, and only 1 for serious safety defects.
-
Business Days: New Hampshire counts business days for the 30-day out-of-service threshold.
Procedural Requirements
-
Mandatory State Arbitration: Consumers must use the NH Motor Vehicle Arbitration Board before filing suit.
-
7-Business-Day Cure: The manufacturer has only 7 business days for the final repair attempt.
-
Binding on Manufacturer: The Board's decision is binding on the manufacturer if accepted by the consumer.
Damages Calculation
-
Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).
-
Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.
-
Attorney's Fees: Available under RSA Section 357-D:7 to prevailing consumers.
State Arbitration Board
The New Hampshire Motor Vehicle Arbitration Board:
- Free to consumers
- Mandatory before litigation
- Decision binding on manufacturer if accepted
- Contact through Attorney General's Office
This template is for informational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney before use.