reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:6 - Enforcement; Cooperation With and Referral to the Consumer Protection and Antitrust Bureau of the Department of Justice.

361-A:6 Enforcement;  Cooperation With and Referral to the Consumer Protection and Antitrust Bureau of the Department of Justice. –
For the enforcement of the provisions of this chapter, the commissioner is authorized to appoint, subject to the provisions of the personnel law, such personnel as are necessary. The salary, traveling expenses, and all expenses of administration and enforcement of the provisions of this chapter shall be paid out of fees received from licenses issued under this chapter, and funds collected pursuant to RSA 383:11.
I. For the enforcement of the provisions of this chapter, the commissioner shall appoint and designate, subject to the provisions of the personnel law, personnel to respond to consumer complaints and enforce this chapter. Such personnel shall request the assistance and services of the consumer protection and antitrust bureau of the department of justice when appropriate. The salary, traveling expenses, and all expenses of administration and enforcement of the provisions of this chapter shall be paid out of fees received from licenses issued under this chapter, and funds collected pursuant to RSA 383:11.
II. Any unfair or deceptive trade practice that is not addressed under the provisions of this chapter shall be referred to the consumer protection and antitrust bureau for enforcement under the provisions of RSA 358-A.
III. The commissioner may share information with state and federal regulators, and may share information with law enforcement agencies for the purposes of criminal investigations.
Source.
1961, 193:1. 1997, 322:10. 2003, 129:14. 2004, 141:3, eff. July 23, 2004. 2009, 204:9, eff. Sept. 13, 2009.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:7-a - Direct Loans by Sales Finance Companies, and Exceptions.

361-A:7-a Direct Loans by Sales Finance Companies, and Exceptions. –
The provisions of RSA 361-A:7 shall apply to a sales finance company which provides direct loans to retail buyers for the purchase of motor vehicles from retail sellers, except RSA 361-A:7, I and II shall not apply to federally chartered banks, savings banks, trust companies, credit unions, cooperative banks, or industrial banks which do not act as sellers, but provide direct loans to retail buyers and supply a disclosure statement in conformity with Federal Reserve Board Regulation Z, Truth-in-Lending, 12 C.F.R. 226, as amended from time to time. In addition, RSA 361-A:7, I-IV-a and VI-IX and RSA 361-A:8 shall not apply to a lease as defined in RSA 361-D.
Source.
1995, 63:6. 1997, 322:18, eff. June 23, 1997.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:7-b - Guaranteed Asset Protection Waivers.

361-A:7-b Guaranteed Asset Protection Waivers. –
Persons subject to or licensed under this chapter may offer, sell, and provide guaranteed asset protection waivers (GAP waivers), as defined in RSA 361-E:2, I(f), in accordance with RSA 361-E. Any violation of RSA 361-E is a violation of this chapter.
Source.
2015, 207:2, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:8 - Finance Charge.

361-A:8 Finance Charge. –
I. Notwithstanding the provisions of any other law, the finance charge on any retail installment contract under this chapter shall be such as may be agreed upon by the buyer and the seller or by the buyer and the sales finance company.
II. Such finance charge shall be computed on the principal balance as determined under paragraph II of RSA 361-A:7 on contracts payable in successive monthly payments substantially equal in amount. Such finance charge may be computed on the basis of a full month for any fractional month period in excess of 10 days. A minimum finance charge of $25 may be charged on any retail installment transaction.
III. When a retail installment contract provides for unequal or irregular installment payments, the finance charge may be at the effective rates permitted in paragraph I, having due regard for the schedule of payments so that the finance charge may provide the same yield as is permitted in a regular payment transaction.
IV. Any sales finance company may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions as may be agreed upon between them. Filing of the assignment, notice to the buyer of the assignment, and any requirement that the holder maintain dominion over the payments or the motor vehicle if repossessed shall not be necessary to the validity of a written assignment of a contract as against creditors, subsequent purchasers, pledgees, mortgagees and lien claimants of the seller. Unless the buyer has notice of the assignment of his contract, payment thereunder made by the buyer to the last known holder of such contract shall be binding upon all subsequent holders.
Source.
1961, 193:1. 1980, 501:2, 3. 1981, 127:1. 1995, 63:7, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:9 - Repealed by 1997, 322:28, I, eff. June 23, 1997.

361-A:9 Repealed by 1997, 322:28, I, eff. June 23, 1997. –
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:9-a - Books and Records.

361-A:9-a Books and Records. –
I. A licensee shall keep and use business records in such form and at such location as the commissioner shall by rule determine. The records shall enable the commissioner to determine whether the licensee is complying with the provisions of this chapter, any rules adopted under it, and any other law, rule, or regulation applicable to the conduct of the business for which it is licensed under this chapter. The rules may contain provisions for records to be recorded, copied, or reproduced by any process which accurately reproduces or forms a durable medium for reproducing the original record or document, or in any other form or manner authorized by the commissioner. Nothing in this section shall be construed to permit any licensee to destroy original records or documents. Each licensee shall preserve all such business records for as long a period as the commissioner shall prescribe by rule.
II. If the commissioner or examiner finds any business records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such business records after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.
Source.
2004, 139:10. 2008, 205:8, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:10 - Repealed by 1997, 322:28, II, eff. June 23, 1997.

361-A:10 Repealed by 1997, 322:28, II, eff. June 23, 1997. –
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:10-a - Advertising.

361-A:10-a Advertising. –
I. No person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or conditions for the lending of money under the provisions of this chapter which is false, misleading, or deceptive. Any reference to the amount of a loan shall refer to the original principal amount. Any statement so made of the amount of an installment, or the rate or amount of interest charges required for any loan, shall comply with the provisions of the federal Consumer Credit Protection Act, as amended (15 U.S.C. 1601 et seq.).
II. As part of an examination or investigation undertaken in accordance with this chapter, the banking department may review any advertisement described in paragraph I within 3 years of the date the advertisement is advertised, printed, displayed, published, distributed, or broadcast.
Source.
1995, 63:8. 2003, 129:11, eff. June 12, 2003. 2018, 196:2, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:10-b - Sale Contingent on Financing Approval.

361-A:10-b Sale Contingent on Financing Approval. –
Any retail seller who delivers a motor vehicle to a retail customer before the retail seller has obtained financing approval from a sales finance company shall provide a disclosure, containing the following language in a size equal to at least 10 point bold type, which must be signed by the retail buyer:
"The retail seller of the motor vehicle has not obtained financial approval for the terms contained in the retail installment contract from a sales finance company. If the retail seller obtains financial approval from a sales finance company under the terms of the retail installment contract, the sale shall be final and binding on the retail seller and the retail customer. If final approval of the terms of the retail installment contract cannot be obtained from a sales finance company, the retail installment contract shall be canceled. The retail seller shall return to the buyer any consideration received in the transaction, including, but not limited to, any motor vehicle traded in, any deposit, and any fees paid by the buyer. The buyer shall, upon being notified that the retail seller was unable to obtain financing approval, return the motor vehicle to the retail seller."
Source.
2004, 141:4, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:10-c - Lien Payoff on Motor Vehicles Accepted in Trade.

361-A:10-c Lien Payoff on Motor Vehicles Accepted in Trade. –
I. When a person enters into a retail transaction where a consumer trades in or sells a vehicle that is subject to a lien, the person shall, within 21 calendar days of the date of sale, remit payment to the lien holder to pay off the lien on the traded-in or sold motor vehicle, unless the underlying contract has been rescinded before expiration of 21 calendar days.
II. In this section, the term "date of sale" shall be the date the parties entered into the transaction as evidenced by the date written in the contract executed by the parties, or the date the person took possession of the traded-in or sold vehicle. In the event the date of the contract differs from the date the person took possession of the traded-in vehicle, the "date of sale" shall be the date the person took possession of the traded-in vehicle.
Source.
2008, 83:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:11-a - Applicability.

361-A:11-a Applicability. –
Persons subject to or licensed under this chapter shall abide by applicable federal laws and regulations, the laws and rules of this state, and the orders of the commissioner. Any violation of such law, regulation, or rule is a violation of this chapter.
Source.
2004, 139:11, eff. July 23, 2004.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:12 - Waiver.

361-A:12 Waiver. –
Any waiver of the provisions of this chapter shall be unenforceable and void.
Source.
1961, 193:1, eff. Oct. 1, 1961.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-A - Retail Installment Sales of Motor Vehicles › Section 361-A:13 - Records and Filings.

361-A:13 Records and Filings. –
I. A document is filed when it is received by the commissioner. Examination expenses, fines, penalties, and other moneys obliged to be paid to the department shall be paid within 14 days of receipt of notice by the licensee or other person or at such later time determined by the commissioner. If any filing deadline date falls on a weekend or on a New Hampshire state or federal legal holiday, the due date shall be automatically extended to the next business day following such weekend or holiday.
II. Electronic filings, when received by the commissioner, are deemed filed, and are prima facie evidence that a filing has been duly authorized and made by the signatory on the application or document, are admissible in any civil or administrative proceeding under this chapter, and are admissible in evidence in accordance with the rules of superior court in any action brought by the attorney general under this chapter.
III. A licensee may maintain its records in electronic format if, upon request, the licensee provides the commissioner with:
(a) A full explanation of the programming of any data storage or communications systems in use; and
(b) Information from any books, records, electronic data processing systems, computers or any other information storage system in the form requested by the commissioner.
Source.
2003, 129:13, eff. June 12, 2003. 2009, 204:14, eff. Sept. 13, 2009.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-B - Retail Selling › Section 361-B:1 - Definition.

361-B:1 Definition. –
"Home solicitation sale" means a sale of goods or services, priced at $150 or more, in which a seller, a seller's representative, or a person acting for a seller engages in a solicitation and sale at any place other than a permanent place of business of the seller. A cash or credit sale so consummated shall be deemed to be a home solicitation sale.
Source.
1969, 437:1. 1973, 487:1. 1999, 49:2, eff. Jan. 1, 2000. 2010, 341:3, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-B - Retail Selling › Section 361-B:2-a - Disclosure; Exceptions.

361-B:2-a Disclosure;  Exceptions. –
I. Except as provided by paragraph II, any person selling or offering for sale any consumer good or service that states a post office box address, a street address representing a site used for the receipt or delivery of mail, or a telephone number representing a telephone answering service in its advertising, solicitations, or promotional materials, including order blanks and forms, shall clearly and conspicuously disclose in such advertising, solicitations, and promotional materials:
(a) The legal name under which business is done;
(b) A complete street address from which business actually is conducted; and
(c) A telephone number for customer inquiries and complaints.
II. The disclosures required under paragraph I shall not be required of any person who:
(a) Sells retail goods and services from trade premises which are open to the public regularly during normal business hours; or
(b) Conducts business where the post office box, street address representing a site used for the receipt or delivery of mail, or telephone answering service is ancillary to the sales made; or
(c) Provides services pursuant to a legal license or under the authority of a state board or agency, a city, town, or county in this state, except for a person conducting a mail order or catalog business, provided the licensing body maintains on record such person's current business street address or home address and provides that address to persons upon request.
Source.
1986, 137:2. 1999, 49:3. 2000, 305:1, eff. June 21, 2000; 305:2, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-B - Retail Selling › Section 361-B:3 - Remedies.

361-B:3 Remedies. –
I. Any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter.
II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.
Source.
1969, 437:1. 1973, 487:1. 1986, 137:3, eff. July 1, 1986.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-C - Attorney's Fees in Consumer Cases › Section 361-C:1 - Definitions.

361-C:1 Definitions. –
In this chapter, "retail installment contract or evidence of indebtedness" means any contract or evidence of indebtedness arising out of:
I. A retail installment sale in which the goods purchased are used primarily for personal, household or family purposes; or
II. A loan or extension of credit payable in installments, or for which a finance charge is or may be imposed, in which the proceeds of the loan or extension of credit are used primarily for personal, household or family purposes.
Source.
1975, 123:1, eff. July 5, 1975.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-C - Attorney's Fees in Consumer Cases › Section 361-C:2 - Attorney's Fees for Consumer.

361-C:2 Attorney's Fees for Consumer. –
If a retail installment contract or evidence of indebtedness provides for attorney's fees to be awarded to the retail seller, lender or creditor in any action, suit or proceeding against the retail buyer, borrower or debtor involving the sale, loan or extension of credit, such contract or evidence of indebtedness shall also provide that:
I. Reasonable attorney's fees shall be awarded to the buyer, borrower or debtor if he prevails in
(a) Any action, suit or proceeding brought by the retail seller, lender or creditor; or
(b) An action brought by the buyer, borrower or debtor; and
II. If a buyer, borrower or debtor successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by the retail seller, lender or creditor, the court may withhold from the retail seller, lender or creditor the entire amount or such portion of the attorney fees as the court considers equitable.
Source.
1975, 123:1, eff. July 5, 1975.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-C - Attorney's Fees in Consumer Cases › Section 361-C:3 - Waiver Prohibited.

361-C:3 Waiver Prohibited. –
No contract or evidence of indebtedness shall contain any provision whereby the buyer, borrower or debtor waives any of his rights under this chapter, and any such waiver shall be deemed against public policy and shall be unenforceable and void.
Source.
1975, 123:1, eff. July 5, 1975.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-C - Attorney's Fees in Consumer Cases › Section 361-C:4 - Prospective Effect.

361-C:4 Prospective Effect. –
This chapter shall not apply to any contract or agreement entered into prior to July 5, 1975.
Source.
1975, 123:1, eff. July 5, 1975.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:2 - Information to be Included With Solicitation.

361-D:2 Information to be Included With Solicitation. –
I. Any solicitation to enter into a lease agreement which contains references to the amount of any payment, the number of payments, a statement of any required downpayment or that no payment is required, shall also include a clear and conspicuous statement of all of the following:
(a) A statement that the transaction advertised is a lease.
(b) If the lease is an open end lease, the value placed on the motor vehicle at the inception of the lease and the maximum for which the lessee could be held liable at the end of the lease period, or the method for calculating the lessee's liability.
(c) The amount, if any, required by the lessor as a security deposit, advance periodic payment, or other prepayment.
(d) The term of the lease expressed in months, the amounts and due dates or periods of scheduled payments, and the total amount of periodic payments.
(e) A statement of whether or not the lessee has the option to purchase the leased motor vehicle and at what price and time. The method of determining the price may be substituted for disclosure of the price.
II. No solicitation may state that a specific lease of any motor vehicle at specific amounts or terms is available unless the lessor usually and customarily leases or will lease that motor vehicle at those amounts or terms.
III. Failure to comply with the provisions of this section shall not affect the validity of the leasing agreement. There shall be no liability on the part of any owner or personnel of any advertising medium for any violation of this section.
IV. A lessor shall be deemed to have complied with the requirements of this section if the solicitation includes a clear and conspicuous disclosure of a toll-free telephone number that consumers may use to obtain a free copy of the information required to be disclosed by this section.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:4 - Lease Agreement; Warnings.

361-D:4 Lease Agreement;  Warnings. –
Every lease agreement shall contain, in at least 8-point bold type, above the acknowledgment authorized under RSA 361-D:7 or if none exists the space provided for the lessee's signature and circumscribed by a line, the following warnings which shall be signed or initialed by the lessee:
I. Notice to the lessee:
(a) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in;
(b) You are entitled to a completely filled in copy of this agreement;
(c) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for an early termination obligation under this agreement.
s/s __________ lessee
II. Warning-Unless a charge is included in this agreement for public liability or property damage insurance, payment for such coverage is not provided by this agreement.
s/s __________ lessee
III. You have the right to return the vehicle, and receive a refund of any payments made if the credit application is not approved, unless nonapproval results from an incomplete application or from incorrect information provided by you.
s/s __________ lessee
IV. New Hampshire law does not provide for a "cooling-off" or other cancellation period for vehicle leases. Therefore, you cannot later cancel this lease simply because you change your mind, decide the base payment or capitalized costs are too much, or wish you had acquired a different vehicle. You may only cancel this lease with the agreement of the lessor or for legal cause, such as fraud.
s/s __________ lessee
V. Any holder of this lease is subject to all claims and defenses which:
(a) You could assert against the lessor of the vehicle that you have leased and
(b) Are clear on the face of the lease.
s/s __________ lessee
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:5 - Lease Agreement; Prohibited Provisions.

361-D:5 Lease Agreement;  Prohibited Provisions. –
No lease agreement shall contain any provision by which:
I. A power of attorney is given to confess judgment in this state, or an assignment of wages is given; provided that nothing contained in this paragraph shall prohibit the giving of an assignment of wages contained in a separate instrument.
II. The lessee waives any right of action against the lessor or holder of the lease agreement or other person acting on lessee's behalf for any illegal act committed in the collection of payments under the agreement or in the repossession of the motor vehicle.
III. The lessee relieves the lessor from liability for any legal remedies which the lessee may have against the lessor under the agreement or any separate instruments executed in connection with the agreement.
IV. The lessor or holder of the agreement is given the right to commence action on an agreement under the provisions of this chapter in a county other than the county in which the agreement was signed by the lessee, the county in which the lessee resides at the commencement of the action, the county in which the lessee resided at the time the agreement was entered into or in the county in which the motor vehicle leased pursuant to such agreement is permanently garaged.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:6 - Sample Lease Form.

361-D:6 Sample Lease Form. –
The lessor shall make a blank sample of its current lease form readily available for examination by prospective lessees by furnishing it upon request before the consummation of a lease and shall provide a copy of a sample lease to every prospective lessee upon the signing by the prospective lessee of any motor vehicle order form or other agreement to lease an identified motor vehicle.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:7 - Acknowledgment by Lessee.

361-D:7 Acknowledgment by Lessee. –
I. Any acknowledgment by the lessee of delivery of a copy of a lease agreement or purchase order and any vehicle lease proposal and any credit statement which the lessor has required or requested the lessee to sign, and which the lessee has signed, during the agreement negotiations, shall be printed or written in size equal to at least 10-point bold type and, if contained in the agreement, shall appear directly above the space reserved for the lessee's signature.
II. The lessee's written acknowledgment, conforming to the requirements of this section, of delivery of a completely filled in copy of the agreement, and a copy of such other documents shall be a rebuttable presumption of delivery in any action or proceeding by or against a holder without knowledge to the contrary when the holder acquired interest in the agreement.
III. If such holder furnishes the lessee a copy of such documents, or a notice containing items listed in RSA 361-D:3, III(a)-(l) stating that the lessee shall notify such holder in writing within 30 days if the lessee was not furnished a copy of such documents, and no such notification is given, it shall be conclusively presumed in favor of such a holder that copies of such documents were furnished as required by this chapter.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:8 - Payment or Trade-in.

361-D:8 Payment or Trade-in. –
I. If a lessee has made a payment to a lessor pending the execution of a lease, has surrendered possession of a trade-in vehicle, or both, the lessee shall have the right, if the lease is not executed by the lessee and lessor, to have any trade-in vehicle returned and receive a refund of any payments made within 10 days after the lessor receives notice that the application has not been approved. If a lessee leaves a trade-in vehicle with the lessor and the lessor and lessee agree that the parties shall enter into a lease, the lessor shall not sell or transfer the trade-in vehicle until the lessee and the lessor execute a lease.
II. This section shall not apply to the sale of a vehicle by a prospective lessee to a prospective lessor under a separate contract of sale if such contract is executed before the parties have consummated a lease, is dated as of the sale date and is signed by the parties. Such contract shall provide and shall clearly and conspicuously disclose, in at least 8-point bold face type: that the contract price establishes the vehicle's value for purposes of determining the amount the lessor will credit as a "capitalized cost reduction" or as payment of the total amount due at lease signing under any lease subsequently consummated by the parties or as the amount due to the lessee for the vehicle in the event the parties fail to consummate a lease within 30 days; that the prospective lessee agrees to leave the contract price on deposit with the prospective lessor pending the consummation of a lease for a vehicle to be ordered from the manufacturer or for a vehicle not yet in production as of the date of the contract; and that 15 days after the lessor and prospective lessee shall agree that no lease will be consummated, and, in any event, no later than 45 days after the sale date, the prospective lessee shall be entitled to payment of the agreed upon price for the vehicle unless within that time the parties have consummated a lease or have agreed to an earlier payment of the price to the prospective lessee.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 the end of the lease term occasioned by its theft, physical damage or other occurrences as specified in the lease, using the term "gap amount".
II. The lessor may waive its contractual right to hold the lessee liable for some or all of the gap amount. This waiver may be granted either without a separate charge to the lessee, or in exchange for the payment by the lessee of a separate charge. Any separate charge for such waiver must be conspicuously disclosed to the lessee.
III. If the lessor, as provided in paragraph II of this section, offers for a separately stated charge to waive its contractual right to hold the lessee liable for the gap amount, the lease shall also contain a conspicuous notice which shall state in at least 8-point bold face type that:
(a) For a separate charge disclosed in the notice the lessor shall waive its contractual right to hold the lessee liable for the gap amount.
(b) The lessee may as an alternative to purchasing a waiver, be able to purchase protection covering the gap amount from a company which has been authorized to do business in this state.
(c) Failure to provide the notice as required by this section shall invalidate any lease provision which otherwise would obligate a lessee to pay to the holder, after a total loss of the vehicle occasioned by its theft, physical damage or other occurrence as specified in the lease.
(d) No lease shall be conditioned upon the lessee's obtaining of vehicle lessee gap protection.
IV. The lessor's waiver of its contractual right to hold the lessee liable for the gap amount may be conditioned upon the receipt by the lessor of:
(a) All amounts due under the lease as of the date of receipt by the lessor of the insurance proceeds or equivalent amount of the value of the vehicle, or if no such date is specified, as of the date of total loss of the vehicle.
(b) An amount from the lessee equal to the amount of the lessee's deductible and any other subtractions from the actual cash value under the lessee's insurance policy.
(c) Insurance proceeds from the insurance policy required under the lease, or the equivalent amount of the value of the vehicle established by reference to an official used car guide publication as of the date of the loss.
V. The lessor's waiver of its right to hold the lessee liable for the gap amount shall not be deemed to be insurance under the laws of this state and no license shall be required of lessors who waive or offer to waive such right.
VI. [Repealed.]
Source.
1996, 85:1. 1997, 322:28, IV, eff. June 23, 1997.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 which has been paid, prior to the execution of the lease, by the lessor to the state in order to avoid penalties that would have accrued because of late payment of such fees, the lessor shall return such excess amount to the lessee, whether or not such lessee requests the return of the excess amount.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 equipment used in connection with such vehicle as security for the payment of the agreement obligations, shall be enforceable. This section shall not apply to a security deposit, advance payment of rent, or other cash prepayment. This section shall not apply to contracts which are ancillary to the lease and directly applicable to the leased vehicle, such as extended warranty or service agreements or contracts of insurance.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 obligation owing to the assignee at the time of the assignment.
II. The assignee shall have no liability for errors or omissions made by the lessor or lessor's agent when providing itemization of the components of capitalized cost pursuant to RSA 361-D:3, III(q).
III. The assignee shall have recourse against the lessor to the extent of any liability incurred by the assignee pursuant to this section regardless of whether the assignment was with or without recourse.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 the purpose of enabling a lessor to either lease or sell a motor vehicle to another.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 a notice of default.
II. A lessee who has been in default solely by reason of the lessee's failure to make a timely lease payment and any applicable late charges and who has not previously been afforded the right to cure a default shall be entitled to cure the default.
III. If the lessee is entitled to cure the default the notice shall contain a conspicuous statement that the lessee is entitled to cure the default, setting forth the dollar amount necessary to cure the default, the date by which payment must be made and the name, address and telephone number of the holder from which information may be obtained regarding such cure.
IV. This section shall not apply to any default other than the lessee's failure to make a timely lease payment and any applicable late charges.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 unreasonable to the extent that the residual value exceeds the realized value at lease end by more than 3 times the average payment allocable to a monthly period under the lease. This presumption shall not apply when the excess residual value over realized value is due to physical damage to the motor vehicle beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 is based upon the vehicle's residual value and the lessee does not exercise any purchase option, the holder shall act in a commercially reasonable manner when disposing of the vehicle or obtaining cash bids for the purpose of establishing the realized value of the vehicle.
(b) Except in the event of a total loss, within 5 business days of lease termination, a lessee who is not in default and whose lease is terminated early without the exercise of a purchase option or whose liability at the scheduled end of the lease term is based upon the residual value of the vehicle may obtain, at the lessee's expense, a professional appraisal of the wholesale value which could be realized at sale of the vehicle, by an appraiser mutually acceptable to the lessee and the holder, who is not the agent or employee of either the lessor, the dealer or the lessee.
(c) The appraisal shall be final and binding upon the parties and shall be used as the realized value in determining the lessee's liability at early termination or at the scheduled end of the lease term.
(d) Nothing in this section shall be deemed to prohibit the lessee and the lessor from agreeing upon the vehicle's realized value, in which case the value agreed upon shall be final and binding upon the parties and shall be used as the realized value in determining the lessee's liability at early termination or at the scheduled end of the lease term.
II. In the event of a total loss of the vehicle prior to the end of the lease term occasioned by its theft, physical damage or other occurrence as specified in the lease, the realized value shall be deemed to be the sum of the amount received by the holder from the lessee's insurance company or from any other party in payment of the loss, and the amount of the lessee's deductible under the lessee's insurance policy received by the holder. In the event that no amount is received, the realized value of the motor vehicle shall be zero.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:18 - Restriction on the Reporting of Early Terminations.

361-D:18 Restriction on the Reporting of Early Terminations. –
The holder of a lease shall not report the voluntary early termination of a lease to a consumer reporting agency as a default unless the lessee fails to satisfy the lessee's early termination obligations under the lease.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:20 - Satisfaction of Lease.

361-D:20 Satisfaction of Lease. –
After the payment of all sums for which the lessee is obligated under a lease, and upon the lessee's written request, the holder shall mail to the lessee at the lessee's last known address a document stating that the lessee has made payment in full. This document shall not operate to release the lessee from liability for events discovered by the holder subsequent to the mailing of such document.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:21 - Renegotiations and Extensions.

361-D:21 Renegotiations and Extensions. –
I. All disclosure requirements set forth in this chapter shall apply to the renegotiation of a lease. A renegotiation does not constitute a transaction subject to warranty or other provisions that apply to the sale of used vehicles under the laws of this state.
II. The disclosure requirements shall not apply to any extension of a lease 6 months or less.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 the increased amount.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › 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 determines that the action was brought with no substantial justification, it may award costs and reasonable attorney's fees to the defendant.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:25 - Sale of Leased Vehicle; Applicable to Open-End Leases Only.

361-D:25 Sale of Leased Vehicle;  Applicable to Open-End Leases Only. –
I. At the termination or expiration of an open end lease, when disposing of a vehicle or obtaining cash bids for the purpose of setting the realized value of a vehicle, the lessor shall act in a commercially reasonable manner in the customary market for such vehicle.
II. Notwithstanding any provision in an open-end lease agreement to the contrary at least 10 days' written notice of intent to sell such motor vehicle shall be given by the lessor to the lessee, unless the lessor and lessee have agreed in writing to the amount of the lessee's liability under the lease agreement after the lessee returns the motor vehicle to the lessor, or the lessee has satisfied the lease agreement obligations by payment to the lessor. The notice shall be personally served or shall be sent by certified mail, return receipt requested, directed to the address of the lessee shown on the lease, unless the lessee has notified the holder in writing of a different address. The notice shall set forth separately any charges or sums due and state that the lessee will be liable for the difference between the amount of liability imposed on the lessee at the expiration of the lease term and the net sale proceeds of the motor vehicle when it is sold. The notice shall also state that the lessee has the right to redeem the vehicle by payment in full of the amount due to the lessor at any time up to the date of sale or other disposition of the vehicle.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:26 - Duties of Lessor.

361-D:26 Duties of Lessor. –
A lessor shall not:
I. Fail to either register the leased vehicle pursuant to the lease agreement or provide the lessee with all documentation necessary to secure registration.
II. Advertise any specific vehicle in the inventory of the lessor for lease without identifying such vehicle by either its vehicle identification number or license number.
III. Refuse to lease an available vehicle to any creditworthy person at the advertised total lease amount.
IV. Notwithstanding the provisions of RSA 361-D:22, a lessor shall be held civilly liable for a violation of this section.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:27 - Administrative Enforcement.

361-D:27 Administrative Enforcement. –
In addition to the private rights created by this chapter, compliance with the requirements imposed under this chapter shall be enforced by the department of justice.
Source.
1996, 85:1, eff. Nov. 15, 1996.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-D - Motor Vehicle Leasing › Section 361-D:28 - Rulemaking.

361-D:28 Rulemaking. –
The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
I. The information required to be included with the solicitation under RSA 361-D:2.
II. The guidelines for forms necessary to comply with the provision of RSA 361-D:3.
III. [Repealed.]
Source.
1996, 85:1, eff. Nov. 15, 1996. 2012, 171:26, XVII, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIII-A - Retail Installment Sales › Chapter 361-E - Guaranteed Asset Protection Waivers › Section 361-E:1 - Scope.

361-E:1 Scope. –
I. The purpose of this chapter is to provide a framework within which retail sellers and sales finance companies may offer guaranteed asset protection waivers in New Hampshire.
II. This chapter shall not apply to:
(a) An insurance policy offered by an insurer under the insurance laws of this state; or
(b) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. part 37, 12 C.F.R. part 721, or other federal law.
Source.
2015, 207:7, eff. Sept. 4, 2015.