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Title > New Motor Vehicle Arbitration (Lemon Law) > Frequently Asked Questions

What is the New Hampshire new motor vehicle arbitration law?

What vehicles are covered under the Lemon Law?

What are the requirements to file a complaint under the Lemon Law?

What if my warranty has expired?

Are used vehicles covered under the Lemon Law?

What does "out of service" mean?

My vehicle has more that one defect and has had three (3) repair attempts on each defect, but it has not been out of service for thirty (30) business days. How can I file?

Must the dealer give me a repair order if the repair is covered under the manufacturer's warranty?

Who is the claim being filed against?

Must I notify the dealer before I file a claim?

Must I notify the manufacturer before I file a claim?

Is there a fee for filing a claim?

How long does the process take?

If my vehicle is found to have a substantial impairment, what is the remedy?

Do I need an attorney?

Does the manufacturer get another chance to repair the vehicle after I file a Demand for Arbitration?

Can I refuse the manufacturer's request for a final repair attempt?

How can I file a claim?

Who can I contact if I have further questions regarding the Lemon Law?

back to topWhat is the New Hampshire New Motor Vehicle Arbitration Law?

The New Hampshire New Motor Vehicle Arbitration program (RSA 357-D) is commonly referred to as the New Hampshire "Lemon Law." The purpose of the law is to provide a consumer with an efficient and informal process with which to resolve new motor vehicle warranty problems. The New Motor Vehicle Arbitration Board (MVAB) is administratively attached to the DMV and consists of consumer representatives, a new car dealer, and an automotive expert. The jurisdiction of the MVAB is to determine whether a new motor vehicle or off-highway recreational vehicle (OHRV), motorcycle or snowmobile has a defect that substantially impairs its use, market value, or safety.

back to topWhat vehicles are covered under the Lemon Law?

Passenger vehicles, motorcycles, off-highway recreational vehicles or light trucks with a gross vehicle weight (GVW) of 11,000 pounds or less which are purchased or leased (at least two years) in New Hampshire are eligible. Mopeds, tractors, government vehicles and vehicles with a GVW in excess of 11,000 pounds are not eligible.

back to topWhat are the requirements to file a complaint under the Lemon Law?

  • The vehicle must have been subject to at least 3 repair attempts by the manufacturer, its agent or authorized dealer, for the same defect, nonconformity or condition within the express warranty term, and the same nonconformity continues to exist.
  • The vehicle must have been out of service for repair of one or more non conformities, defects or conditions for a cumulative total of 30 or more business days during the term of the express warranty. Documentation, such as invoices or repair orders, must be provided to verify the claim.
  • Any leasing or financing payments on the vehicle must not have been discontinued.
  • If the manufacturer's dispute settlement program has been selected, a complaint cannot be filed under the New Hampshire "Lemon Law" program. (RSA 357-D:4,I)

back to topWhat if my warranty has expired?

You can qualify if the three (3) repair attempts and/or thirty (30) business days out of service occurred prior to the expiration of the manufacturer's express warranty period, and you file within a year of the expiration. (RSA 357-D:11)

Are used vehicles covered under the Lemon Law?

Yes, if the defect and the three (3) repair attempts and/or thirty (30) business days out of service occurred within the manufacturer's express warranty period.

back to topWhat does "out-of-service" mean?

"Out-of-service" means the vehicle is at the dealership for repair and unavailable for your use for a major part of the business day. "Business day" means any day that the Service Department of the dealership is open for business.

back to topMy vehicle has more than one defect and has had three (3) repair attempts on each defect, but it has not been out of service for thirty (30) business days. How can I file?

Each defect that has been subject to three (3) repair attempts and which still exists, may be filed on the same Demand for Arbitration Form Adobe Acrobat Reader Symbol (CPMVA-2).

back to topMust the dealer give me a repair order if the repair is covered under the manufacturer's warranty?

Yes. You are entitled to receive a written repair order each time you bring your vehicle in for examination or repair. (RSA 357-D:3,IV) It should contain a written summary of the complaint and a fully itemized statement indicating all work performed on the vehicle including, but not limited to, examination of the vehicle, parts, and labor. Repair orders should be kept together in a safe place.

back to topWho is the claim being filed against?

The manufacturer; the dealer is not a party to the action.

back to topMust I notify the dealer before I file a claim?

No.

back to topMust I notify the manufacturer before I file a claim?

No. However, once you file the Demand for Arbitration and supporting documentation, an exact duplicate must be sent to the manufacturer.

back to topIs there a fee for filing a claim?

Yes, a $50.00 non-refundable filing fee.

back to topHow long does the process take?

You are entitled to a hearing within 40 days of acceptance of the completed Demand for Arbitration. The MVAB has 30 days from the date of the hearing to render a written decision. If you win, the manufacturer has 30 days from the date of the written decision to comply with or appeal the MVAB's order.

back to topIf my vehicle is found to have a substantial impairment, what is the remedy?

A replacement vehicle or a refund, which you select on Section 3 of the Demand for Arbitration Adobe Acrobat Reader Symbol (CPMVA-2).

back to topDo I need to hire an attorney?

No. However, you may, at your own cost, be represented by an attorney or by any citizen of good character.

back to topDoes the manufacturer get another chance to repair the vehicle after I file for arbitration?

Yes; however, the repair must be performed prior to the hearing.

back to topCan I refuse the manufacturer's request for a final repair attempt?

No.

back to topHow can I file a claim?

Complete the Demand for Arbitration Adobe Acrobat Reader Symbol (CPMVA-2) the Summary of Repair History Adobe Acrobat Reader Symbol. The forms may also be obtained from the MVAB Office.

back to topWho can I contact if I have further questions regarding the Lemon Law?

NH Dept. of Safety
DMV - New MV Arbitration Board
23 Hazen Drive
Concord, NH 03305
(603) 227-4385
e-mail: lemonlaw@nh.gov

Adobe Acrobat Reader Symbol Adobe Acrobat Reader format. You can download a free reader from Adobe.


New Hampshire Division of Motor Vehicles | 23 Hazen Drive | Concord, NH 03305
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