Section 361-D:23 – Rescission of Agreement.
361-D:23 Rescission of Agreement. – If the lessor fails to comply with RSA 361-D:3, as an alternative to an action under RSA 361-D:22, the lessee may rescind the agreement if the failure to comply was willful, or if correction will increase the amount of the lease balance, unless the lessor waives the collection of […]
Section 361-D:24 – Costs and Attorney’s Fees.
361-D:24 Costs and Attorney’s Fees. – In any action by a consumer against the lessor based upon the alleged breach of a lease or other written agreement made in connection with lease of such motor vehicle, the court, in its discretion, may award to the plaintiff costs and reasonable attorney’s fees. If the court […]
Section 361-D:9 – Total Loss Notice and Waiver of Gap Amount.
361-D:9 Total Loss Notice and Waiver of Gap Amount. – I. If the lease provides that the lessee shall be responsible for the gap amount, the lease shall disclose that fact and disclose the obligations for which the lessee would remain liable in the event of a total loss of the vehicle prior to […]
Section 361-D:10 – Refund of Excess Fees.
361-D:10 Refund of Excess Fees. – If a lessee of a vehicle pays to the lessor an amount for fees owed to the state, the licensing or transfer of title of the vehicle which amount is in excess of the actual fees due for such licensing or transfer, including any excess of the amount […]
Section 361-D:11 – Lien on Other Property.
361-D:11 Lien on Other Property. – No agreement in connection with a lease agreement which provides for the inclusion of title to or a lien upon any personal or real property, other than the motor vehicle which is the subject matter of the lease agreement, or accessories for such vehicle or special and auxiliary […]
Section 361-D:12 – Rights of Assignee of Lessor.
361-D:12 Rights of Assignee of Lessor. – I. An assignee of the lessor’s rights shall be subject to all equities and defenses of the lessee against the lessor that are clear on the face of the lease, notwithstanding an agreement to the contrary, but the assignee’s liability may not exceed the amount of the […]
Section 361-D:13 – Unlawful Rebates, Discounts, and Commissions.
361-D:13 Unlawful Rebates, Discounts, and Commissions. – It shall be unlawful for any lessor to induce or attempt to induce any person to enter into an agreement subject to this chapter by offering a rebate, discount, commission, or other consideration, on the condition that the lessee or prospective lessee gives information or assistance for […]
Section 361-D:14 – Notice of Lessee’s Default and Right to Cure.
361-D:14 Notice of Lessee’s Default and Right to Cure. – I. After a lessee has been in default for 10 days solely by reason of the lessee’s failure to make a timely lease payment and any applicable late charges, the holder may declare the lessee to be in default and may send the lessee […]
Section 361-D:15 – Open End Leases; Lessee to Bear Risk of Vehicle’s Depreciation.
361-D:15 Open End Leases; Lessee to Bear Risk of Vehicle’s Depreciation. – I. For open end leases, the residual value shall be a reasonable approximation of the anticipated fair market value of the motor vehicle at the end of the scheduled term. II. There shall be a rebuttable presumption that the residual value is […]
Section 361-D:16 – Method for Establishing Realized Value.
361-D:16 Method for Establishing Realized Value. – I. (a) If a lease is terminated early and the lessee does not exercise any purchase option and the lessee’s liability is based on the difference between the lease balance and the realized value, or if the lessee’s liability at the scheduled end of the lease term […]