State lemon laws help consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty.
Lemon laws can help a consumer get the vehicle repurchased, replaced, or repaired through a process that is less complicated and expensive than filing a lawsuit and going to court.
A car is a “lemon” when it is determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws generally only apply to new cars purchased or leased by consumers and small businesses.
But a used car may also be covered if it is still covered by the manufacturer’s original warranty (not an extended service contract), or if the defect started and was reported to the dealer while under the manufacturer’s original warranty, and the defect continues to exist.
Lemon laws often do not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.
Lemon laws only cover defects that substantially impair the use or market value of the vehicle—which does not include issues like minor rattles, noises, and car audio imperfections.
Each state has its own requirements, but common factors to qualify as a lemon include:
• The vehicle has a substantial manufacturing defect
• The defect is covered by a manufacturer’s written warranty
• The owner reports the defect to the dealer or manufacturer within the warranty term
• The owner gives the dealer a reasonable number of attempts to repair the defect or condition
• The owner gives the manufacturer written notice (preferably by certified mail) of the defect and at least one opportunity to fix the defect
• The defect persists and substantially impairs the vehicle’s use or market value or creates a serious safety hazard
Lemon laws are usually located in a state’s statutes and are often administered by the state’s department of motor vehicles or a specified consumer protection agency.
In New Hampshire, the lemon law covers new vehicles that have a substantial defect covered by the manufacturer's warranty which persists despite a reasonable number of repair attempts. The New Hampshire lemon law, RSA 357-D, applies to new cars, vans, motorcycles, and trucks that are purchased in the state. To qualify, the vehicle must have a persistent defect that substantially impairs its use, market value, or safety, and the defect must occur within the first 18,000 miles driven or within the first 24 months after delivery of the vehicle, whichever comes first. The owner must report the defect to the manufacturer or its agent during the warranty period and must allow a reasonable number of attempts to repair the vehicle. If the issue is not resolved, the manufacturer is required to either replace the vehicle with a comparable new vehicle or accept a return of the vehicle from the consumer and refund the purchase price minus a reasonable allowance for vehicle use. Lemon laws in New Hampshire do not cover used cars unless they are still under the original manufacturer's warranty and the defect began and was reported while under this warranty. The law does not cover issues that do not substantially impair the vehicle's use or value, such as minor rattles or audio system issues. The New Hampshire lemon law is administered by the New Hampshire Department of Justice, Consumer Protection and Antitrust Bureau.