NH Lemon Law FAQ
Answers to Frequently Asked Questions
- How does the Lemon Law in New Hampshire work?
- Does this Lemon Law cover vehicles both purchased and leased?
- Does a problem always need to occur three times to be considered a lemon?
- What happens if I fall outside the Lemon Law period before my first problem exists? Does this mean I do not have a claim?
- How does the law offer cost-free representation?
- Are motorcycles covered under the law?
- I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
- Are used cars covered under the law?
- Who can I ask if I have more questions about the New Hampshire Lemon Law?
How does the Lemon Law in New Hampshire work?
The Lemon Law in NH offers cost-free legal help to drivers whose vehicles suffer a non-conformity or defect that can't be repaired after repeated attempts (normally three) by the manufacturer's authorized dealership.
Review the statute and a summary of the law, New Hampshire Lemon Law Statute.
Does this Lemon Law cover vehicles both purchased and leased?
Yes, the law covers cars that are purchased and leased in New Hampshire.
Does a problem always need to occur three times to be considered a lemon?
Not necessarily. If your car is in the shop for 30 business days or more in the express warranty period, consecutive or not, we can file a claim under the Law.
Lastly, if you are experiencing paint problems, a similar type of problem repeatedly (electrical, water leak in the back versus water leak in the front, front brakes and then back brakes and then front brakes again), or a significant problem in steering or braking, please submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
What happens if I fall outside the Lemon Law period before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
How does the law offer cost-free representation?
Like Lemon Laws in other states, the New Hampshire Lemon Law Statute contains a fee-shifting provision which means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are motorcycles covered under the law?
Yes, motorcycles are covered under the NH Lemon Law. However, mopeds are not covered.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, as well as securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary), but it does make your case move along smoother.
Do not drop your car and keys at a dealership and say that you no longer want the vehicle. They could count this as a voluntary repossession, and it could negatively impact your credit. If you're having problems, consult an attorney, be it us or someone else.
Are used cars covered under the law?
Unfortunately, used cars are not covered under the NH Lemon Law, but don't get discouraged yet. If you have a manufacturer's warranty, original or extended, we can still help you under the aforementioned Magnuson–Moss Act.
Also, if a dealer misrepresents a car at the time of sale, you may have rights under the Unfair Trade Practices Act. We encourage you to contact us to find out if and how we can be of assistance in these matters.