What Is the Lemon Law in New Hampshire for Used Cars
New Hampshire's lemon law, codified as RSA 357-D, provides protections through the New Motor Vehicle Arbitration Board and applies primarily to new motor vehicles purchased for personal, family, or household purposes. The statute may extend limited coverage to used vehicles provided they remain under the manufacturer's original express warranty at the time a defect is reported. Defects must manifest while active manufacturer warranty coverage exists for used vehicles to qualify for lemon law protection, regardless of whether the original purchaser or a subsequent owner holds the vehicle.
What Protections Do Used Car Buyers Have in New Hampshire?
New Hampshire establishes protections for used car purchasers through federal statutes, state consumer protection laws, and specific disclosure requirements governing vehicle sales.
Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act creates remedies when manufacturers or dealers breach express written warranties covering consumer goods, including motor vehicles. Consumers may pursue damages for written warranty breaches, implied warranty violations, or service contract failures. Courts may award actual damages, vehicle replacement, purchase price refunds, and recovery of attorney fees and costs.
FTC Used Car Rule
The Federal Trade Commission's Used Car Rule mandates that dealers affix a Buyer's Guide to each used vehicle offered for sale before completion of the transaction. This disclosure must identify whether the vehicle is sold with dealer warranty coverage, without any warranty, or subject to implied warranties only. The Buyer's Guide must specify which components or systems receive coverage under any warranty offered and communicate the buyer's right to obtain independent pre-purchase inspections.
New Hampshire Consumer Protection Act
New Hampshire's Consumer Protection Act prohibits unfair or deceptive practices in commerce. The statute applies to vehicle sales and permits consumers to pursue civil actions against dealers who engage in fraudulent misrepresentation, concealment of known defects, or other deceptive conduct during the sale of used vehicles.
Understanding "As Is" Sales in New Hampshire
New Hampshire permits dealers to sell vehicles on an "as is" basis, but specific statutory requirements govern such sales and limit dealer disclaimers.
What "As Is" Means for Buyers
Purchasing a vehicle on an "as is" basis means the dealer does not warrant the vehicle's condition or fitness for use, and buyers assume responsibility for all repairs and defects discovered after purchase. However, the law does not permit unlimited dealer discretion; dealers must still comply with federal disclosure requirements and must provide specific notices regarding vehicle safety and inspection status.
Limited Dealer Disclosure Requirements
New Hampshire law, specifically the Unsafe Vehicle Act, requires dealers to disclose whether a used vehicle will pass state inspection before sale completion. Dealers must provide written notice to buyers indicating either that the vehicle was inspected and will pass state inspection requirements, or conversely, that the vehicle will not pass inspection. This disclosure requirement applies regardless of "as is" designations and must be signed by the buyer before the sale becomes final. Additionally, dealers must comply with federal odometer disclosure laws and the FTC Buyer's Guide requirements, which mandate clear disclosures about warranty status on all used vehicle sales.
Limited Exceptions to "As Is" Protection
New Hampshire buyers retain legal recourse when dealers violate statutory requirements despite "as is" language in sales documents. Buyers may challenge "as is" sales when dealers fail to provide required inspection status disclosures or falsify inspection information. Fraudulent misrepresentations regarding vehicle condition, history, accident involvement, or safety status create liability independent of "as is" language. Concealment of defects that inspection should have revealed permits buyers to pursue claims under the Consumer Protection Act. Dealers who sell vehicles knowing they will not pass inspection without providing proper notice violate the Unsafe Vehicle Act and face civil liability.
Filing a Consumer Complaint
New Hampshire Department of Justice
Consumer Protection and Antitrust Bureau
1 Granite Place South, Concord, NH 03301
Phone: (603) 271-3641
Toll-free: (888) 468-4454
Official Website: Consumer Protection and Antitrust Bureau
