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Consumer Contracts FAQs

Are there any situations when I can cancel a contract that I have already signed? I paid for auto repairs and my car still is not working properly. What rights do I have? More.

I am dissatisfied with the work performed by a home improvement contractor. What are my rights?

Fraud or Misrepresentation

If you have been a victim of fraud or misleading practices during the course of your business relationship with the contractor, you may have a claim under the New Hampshire Consumer Protection Act.

The Consumer Protection Act is designed to provide protection and relief for consumers who have experienced unfair or deceptive treatment in the business arena. An example of an unfair or deceptive business act could be when a contractor claims that his/her services are of a certain quality and they are not.

Since the NH Consumer Protection Act is modeled after the Federal Trade Commission Act, you may have both Federal and State protection. The NH Attorney General has the authority to bring an action on behalf of the State against anyone who is in violation of New Hampshire’s Consumer Protection Act, so it is important that you notify the NH Attorney General’s Office, Division of Consumer Protection if you have a complaint. You may also file a private action, regardless of whether the Attorney General has also filed an action.

Defective Workmanship

New Hampshire has a strong public policy against contractors who do not adhere to the customary standard of skill and care in their work. If you are unhappy with the quality of the contractor’s work, you may be eligible for damages if the contractor is found to have breached a warranty of workmanlike quality.

Warranties may be either implied or express. The implied warranties do not need to be in writing, the law imposes them. Express warranties are part of the specific agreement between you and the contractor.

Before you sign a contract with the contractor, make sure that you read, and understand, what both you and the contractor will be required to do. If the contractor fails to perform as stated, you may be eligible for a remedy that will allow you to either get the work completed correctly or allow you to get reasonable expenses back so that you can hire another contractor to complete the work.

You may bring a claim of up to $10,000 in Small Claims Court. You do not need an attorney to bring an action in Small Claims Court. There is a filing fee that you must pay in order to file an action. However, it is possible that you may be able to recover the fee from the contractor if you request it and if you win your suit. The Small Claims Court is located in the District Courthouse.

There is an eight-year statute of limitations on construction claims resulting in damages. You may bring an action to recover damages for injury to property, injury to the person, wrongful death, or economic loss. The damage must have resulted from a deficiency in an improvement to real property, including, without limitation, the design, labor, materials, engineering, planning, surveying, construction, observation, supervision, or inspection of that improvement.

If you suspect unfair trade practices, you can contact the New Hampshire Consumer Protection & Antitrust Bureau:

NH Consumer Protection & Antitrust Bureau
1-888-468-4454 or (603) 271-3641
33 Capitol Street
Concord, NH 03301-6397

If you have concerns about the work of a contractor, please contact the Better Business Bureau:

Better Business Bureau
(603) 224-1991
48 Pleasant Street
Concord, NH 03301-2459

For more information, please see:

Are there any situations when I can cancel a contract that I have already signed?

Yes. In New Hampshire, you may be able to cancel a contract for the sale of goods or services that were made at your home or in a location other than the seller’s place of business if the goods cost $150 or more. This type of sale is called a “home solicitation sale.” Home solicitation sales include sales made at hotels, motels, dormitories, fairs, roadside booths, and restaurants.

In general, you have three business days to cancel a home solicitation sale. Some businesses consider Saturday a business day. You should count Saturday as a business day if you are considering canceling a sale.

A contract that intends to bind any person to pay money to a private trade, commercial, correspondence, or other postsecondary career school in return for training by the school is considered a home solicitation sales contract and must contain a written notice that the purchaser has three business days to cancel.

Sales made entirely by mail or by telephone are not considered home solicitation sales. In addition, this law does not cover emergency roadside service, real estate sales, and insurance sales.

The seller must give you a receipt that states you have three business days to cancel. If you are not given such a receipt, you may be able to cancel the sale at any time until you are furnished with one. After you are given a receipt, you still have three business days to cancel.

In order to cancel, you should send a letter to the seller, preferably by certified or registered mail, stating that you wish to cancel the sales contract. You should also return the goods within three days of the sale, if possible. You must do one or the other in order to cancel the contract. After you send the letter or the goods back to the seller, the seller has fifteen days to give you a full refund.

The seller needs to make arrangements with you to get the goods back and you must make the goods available to the seller. If the seller does not then pick them up within ninety days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

For more information, please see:

How does a pre-paid funeral contract work, and is it a good idea to have one?

A pre-paid funeral contract is essentially where you pay in advance for your funeral arrangements. You can pre-arrange your burial needs with a bank, or you can pre-arrange them with a participating funeral provider. Having the opportunity to pay for your funeral costs before death allows you the opportunity to shop around and secure the goods and services you want.

Pre-paying for your own funeral also relieves your survivors of the complications and burdens that may come with choosing your funeral services during a stressful time. It may also prevent your loved ones from falling victim to unscrupulous individuals. For example, a salesperson could try to convince your loved one that it is important to purchase expensive goods/services in order to show how much s/he cared for you.

The “Funeral Rule,” enforced by the Federal Trade Commission, requires funeral directors to give you itemized prices in person or over the phone at your request. The Rule also requires funeral directors to give you other information about their goods and services. For example, if you ask about funeral arrangements in person, the funeral home must give you a written price list to keep that shows the goods and services the home offers. If you want to buy a casket or outer burial container, the funeral provider must show you descriptions of the available selections and the prices before actually showing you the caskets.

Although many funeral providers offer various “packages” of commonly selected goods and services that make up a funeral, you have the right to buy individual goods and services without the package. Do not buy goods or services that you do not want.

If you decide to pre-arrange your funeral, make sure the contract you sign includes everything upon which you agree. For example, if you make your arrangements with a funeral provider and you pre-pay your contract, make sure the contract terms include that the provider will put the money into an escrow or other bank fund for your benefit. New Hampshire law requires that the funeral providers put the money into a bank for your benefit and furnish the bank with a copy of the agreement. The money can only be taken out with your consent or upon your death.

Finally, under the Funeral Rule, remember:

  • You have the right to choose the funeral goods and services you want (with some required exceptions).
  • The funeral provider must state this right in writing on the general price list.
  • If state or local law requires you to buy any particular item, the funeral provider must disclose it on the price list, with a reference to the specific law.
  • The funeral provider may not refuse, or charge a fee, to handle a casket you bought elsewhere.
  • A funeral provider that offers cremations must make alternative containers available.

If you suspect that a funeral provider is participating in unfair business practices, you may contact the New Hampshire State Board of Registration of Funeral Directors at:

NH State Board of Registration of Funeral Directors
(603) 271-4648
121 South Fruit Street
Concord, NH 03301-6507

Also, you can obtain a free guide published by the Federal Trade Commission, “Shopping for Funeral Services“.

In addition, the NH Consumer Protection & Antitrust Bureau may be able to help you. Contact them at:

NH Consumer Protection & Antitrust Bureau
1-888-468-4454 or (603) 271-3643
33 Capitol Street
Concord, NH 03301-6397

For more information, please see:

I paid for auto repairs and my car still is not working properly. What rights do I have?

As a customer, you have the right to have your car repaired in a manner consistent with professional standards of the auto mechanic industry. If you are dissatisfied with your mechanic’s work, you should inform the mechanic of your concerns. If the mechanic refuses to fix the problem, you should get a second estimate from a different mechanic. If the second mechanic finds a problem and that problem was supposed to have been fixed by the first mechanic, you should submit a complaint to the Consumer Protection Division of the Attorney General’s Office.

If your mechanic is engaged in any unfair business practices, he may be liable under the Consumer Protection Act. If found liable, the courts may either order the mechanic to complete the work at no cost or order the mechanic to return the money you already spent so that you can hire another mechanic to complete the work.

You should also be aware that you have additional rights and protections under New Hampshire’s Motor Vehicle Repair Law. This law gives owners of all trucks and automobiles the right to approve all auto repair work before the mechanic touches your vehicle. In addition, you have the right to written estimates, returned parts, detailed invoices of the mechanical work to be done, the price to be charged, and the estimated date of completion.

Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount that exceeds the estimate by 10% without his written consent.

If you have any questions or complaints, contact the New Hampshire Consumer Protection & Antitrust Bureau at:

NH Consumer Protection & Antitrust Bureau
1-888-468-4454 or (603) 271-3643
33 Capitol Street
Concord, NH 03301-6397

In addition, you may contact the Better Business Bureau at:

Better Business Bureau (603) 224-1991
48 Pleasant Street
Concord, NH 03301-2459

Finally, you can also contact the New Hampshire Department of Safety, Division of Motor Vehicles at:

NH Department of Safety, Division of Motor Vehicles (603) 227-4000
33 Hazen Drive
Concord, NH 03301

For more information, please see:

I bought a new car, and it has continually given me trouble. Can I return it and get another new car?

If you purchased a new car that has substantial defects that cannot be repaired, you may be able to get a new car.

New Hampshire has a law called the “Lemon Law” which protects consumers from getting stuck with cars that are so defective they cannot be repaired. The Lemon Law only applies to new cars that are purchased in New Hampshire. It also only applies where the defect substantially impairs the use, market value, or safety of the car. The defect must not be the result of your abuse, neglect, or unauthorized modifications or alterations to the car.

If the dealer cannot fix your car, and you want a new vehicle, you should contact the Motor Vehicle Arbitration Board (MVAB). The MVAB is a five-person panel of consumers, like you, auto dealers and mechanics, who review complaints about defective cars. If the majority of the panel finds that your new car is substantially impaired due to defects that are covered by warranty, the panel may order you a new car. The panel may also award you damages for money you may have spent on licensing, registration, and/or loan fees. If you are unhappy with a decision that the panel comes to, you may appeal to the Superior Court.

If your car can be fixed, then the defects may be covered by the manufacturer’s warranties. Such warranties need to follow the federal standards set out by the Magnuson-Moss Warranty Act, and the Uniform Commercial Code (UCC), which has been adopted by New Hampshire.

The Magnuson-Moss Warranty Act is a law that standardizes express warranties nationwide for consumers in order to alleviate confusion as to what express warranties need to cover.

If your car does not fall within the Lemon Law, you may contact the Better Business Bureau at:

Better Business Bureau
(603) 224-1991
48 Pleasant Street
Concord, NH 03301-3459

If your car falls within the Lemon Law, you may contact the New Hampshire Motor Vehicle Arbitration Board for arbitration at:

NH Dept. of Safety, DMV – New MV Arbitration Board
(603) 227-4385
33 Hazen Drive
Concord, NH 03305

In addition, you may also contact the New Hampshire Consumer Protection & Antitrust Bureau at:

NH Consumer Protection & Antitrust Bureau
1-888-468-4454 or (603) 271-3643
33 Capitol Street
Concord, NH 03301-6397

For more information, please see:

I ordered something by mail two months ago and I still have not received it. What can I do?

You can contact the seller and wait for the merchandise to arrive, or you may be allowed to cancel the order and get your money back. You may also be able to get substitute goods in the event the goods you ordered are not available.

Mail order sales are regulated by the Federal Trade Commission’s (FTC) Mail Order Merchandise Rule, New Hampshire’s Retail Sales Act, as well as New Hampshire’s Consumer Protection Act.

FTC – Mail Order Merchandise Rule

If you order merchandise and the seller does not ship the goods within a specified time (up to thirty days maximum), you may be able to cancel the order for a refund. If the seller knows that the goods cannot be shipped within a certain time, the buyer needs to be notified and given an opportunity to cancel the order. If you choose not to respond to the seller’s notification, then it will be assumed that you have agreed to accept the seller’s delivery delay.

If you decide to cancel the delayed order, a refund must be sent to you within seven business days. You may opt to have substitute goods sent, but you are not obligated to accept such goods if you did not request them. If substitute goods are sent and you keep them, you may be obligated to pay for the goods.

Retail Sales Act

If you agree to a mail order sale from a seller performing a door-to-door sale at your home, you may have the right to cancel the mail order sale within three business days. The sale must be for more than $150 and the sales contract must specifically state that you have a right to cancel within three days. This is known as a “home solicitation sale”. Both the Federal Trade Commission and New Hampshire’s Retail Sales Act provide a three-day “cooling off” period which gives you the opportunity to cancel the sales contract.

Consumer Protection Act

The Consumer Protection Act also offers consumers protection by making unfair and deceptive trade practices illegal in the business world. If you feel your mail order was a sham or a result of an unfair or deceptive practice, you may call or write to the Consumer Protection Division of the Attorney General’s Office to file a complaint.

If you have questions or complaints about unfair practices, you may contact the New Hampshire Consumer Protection & Antitrust Bureau at:

NH Consumer Protection & Antitrust Bureau 1-888-468-4454 or (603) 271-3643
33 Capitol Street
Concord, NH 03301-6397

If you have problems with mail orders, you may contact the Federal Trade Commission at:

Federal Trade Commission 1-877-FTC-HELP (382-4357)
600 Pennsylvania Avenue, NW
Washington, DC 20580

For more information, please see:

I received something in the mail that I did not order. Do I have to send it back?

No, you may keep it. It is illegal to send unsolicited goods in the mail and then demand payment. Replacements or substitutes for original orders are not considered unsolicited merchandise. A charitable organization may send a gift through the mail and then ask for a donation from you, but you are not required to make a donation or send the gift back.

In New Hampshire, the law allows you to either refuse delivery of the unordered merchandise or accept it as a gift with no obligation to pay the sender.

If you are being harassed to pay for unordered merchandise, you may contact the New Hampshire Consumer Protection & Antitrust Bureau at:

NH Consumer Protection & Antitrust Bureau
1-888-468-4454 or (603) 271-3643
33 Capitol Street
Concord NH 03301-6397

or contact:

U.S. Postal Service – Postal Crime Hotline
1-800-275-8777

You may also contact the Federal Trade Commission if you have complaints about mail order merchandise at:

Federal Trade Commission
1-877-FTC-HELP (382-4357)
600 Pennsylvania Avenue, NW
Washington, DC 20580

For more information, please see:

I had dentures made by a dentist and they do not fit properly.

I have gone back several times and have had to pay for additional work and I am still not satisfied. What can I do?

If you have any complaints about the dental services that you have received, you can contact the New Hampshire Dental Society at:

NH Dental Society (603) 225-5961
23 South State Street
Concord, NH 03301

The NH Dental Society deals primarily with complaints about services received but will accept complaints that involve financial issues as well.

If you have financial issues, you can contact the Board of Dental Examiners at:

Board of Dental Examiners (603) 271-4561
121 South Fruit Street, Suite 302
Concord, NH 03301-8520

Both the Dental Society and the Board of Dental Examiners (Board) have peer review committees which review and make determinations on patient complaints.

If you are not satisfied with the decision made by the peer review committee, you may file a claim directly with the Board. The Board will review the claim and make a determination.

If you are not satisfied with the Board’s determination, you may file a lawsuit against your dentist. Claims are first reviewed by a medical screening panel to determine if the claim is meritorious. If the panel does not find the claim meritorious, the findings of the panel are admissible at trial. Unless you suffered major injuries as a result of the dentist’s services, a trial may not be the best alternative because it is expensive and proving that the dentist engaged in malpractice may be a difficult burden to overcome.

For more information, please see:

Do I have to pay the cable company for the extra stations if I don’t want them?

I have the basic cable service in my area. The cable company has notified me that it is adding a number of new stations to the basic service and charging an increased fee.

Yes. Cable companies have the authority to establish reasonable fees for a pre-packaged group of stations included in your basic service. For basic service, the cable company establishes a flat fee that you can either accept or reject. If you accept the basic service at the flat fee that has been set, you are responsible for the total fee even if you do not watch all of the stations.

For more information on telecommunications, please see:

N.H. Rev. Stat. Ann. Ch. 53-C:1-6 – Cable Television Regulations
47 U.S.C. § 522 (1998) – Telegraphs, telephones, etc.

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This article is meant to help you understand your rights and options. It provides general legal information only, not legal advice. If you have questions about your specific situation, please contact us or speak with an attorney.

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