357-D:1 Intent. – The legislature finds and declares that manufacturers, distributors and importers of new motor vehicles should be obligated to provide speedy and less costly resolution of automobile warranty problems. Manufacturers should be required to provide in as expeditious a manner as possible a refund of the consumer’s purchase price, payments to a […]
357-D:10 Costs and Attorney’s Fees. – In any action by a consumer against the manufacturer or distributor of a motor vehicle based upon the alleged breach of an express warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff costs and […]
357-D:11 Limitations on Actions. – I. Any proceeding initiated under the provisions of this chapter shall be commenced within one year following the later of: (a) The expiration of the express warranty term; or (b) The manufacturer’s final repair attempt of the nonconformity, as provided in RSA 357-D:4, V which gave rise to the […]
357-D:12 Sale of Defective Motor Vehicles. – I. For purposes of this section "a serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. II. Any manufacturer or […]
357-D:2 Definitions. – In this chapter: I. "Board" means the New Hampshire new motor vehicle arbitration board. II. "Business day" means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business. III. "Consumer" means the purchaser, other than for purposes of resale […]
357-D:3 Enforcement of Warranties. – I. Every new motor vehicle sold in this state shall conform to all applicable warranties. II. It shall be the manufacturer’s obligation under this chapter to insure that all new motor vehicles sold or leased in this state conform with the manufacturer’s express warranties. The manufacturer may delegate responsibility […]
357-D:4 Procedure to Obtain Refund or Replacement. – I. After the third attempt at repair or correction of the nonconformity, defect or condition, or after the vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of 30 or more business days as […]
357-D:5 New Motor Vehicle Arbitration Board Established; Administrative Attachment; Rulemaking; Decisions. – I. There is created a New Hampshire new motor vehicle arbitration board consisting of 5 members and 3 alternate members to be appointed by the governor and council. Terms of members shall be for 3 years. One member and one alternate of […]
357-D:6 Appeal From Board’s Decision. – I. The decision of the board shall be final and shall not be modified or vacated unless, on appeal to the superior court, a party to the arbitration proceeding proves, by clear and convincing evidence, that: (a) The award was procured by corruption, fraud or other undue means. […]
357-D:7 Unfair and Deceptive Acts and Practices. – Failure of the manufacturer or distributor to comply with a decision of the board shall constitute an unfair or deceptive act or practice under RSA 358-A:2. Source. 1991, 222:1, eff. Jan. 1, 1992.
357-D:8 Dealer’s Liability. – Nothing in this chapter imposes any liability on a franchised motor vehicle dealer or creates a cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer’s warranties. A dealer shall not be made a party defendant in any […]
357-D:9 Notification to Consumers; Rulemaking by Department of Justice. – Beginning with the model year following July 1, 1992, the manufacturer of every motor vehicle sold in this state shall provide a clear and conspicuous written notice of the consumer’s rights under this chapter as provided under RSA 357-D:4 at the time of the […]
