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Rhode Island

RHODE ISLAND Lemon Law:

R.I. Gen. Laws §§ 31-5.2-1 to 31-5.2-12

Vehicles covered: Automobiles, motorcycles, vans or trucks, under

10,000 lbs., sold, leased or replaced; excludes motorized campers

(§ 31-5.2-1(8)).

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty (§ 31-5.2-

1(1)).

Period covered: Whichever comes first: one year from date of

delivery or 15,000 miles (§ 31-5.2-1(10)).

Disclosure requirements: For arbitration procedure to be applicable,

manufacturer must provide notice of arbitration proceeding

to the buyer at the time of delivery (§ 31-5.2-7).

Required consumer notice: Report the nonconformity to the manufacturer,

its agent or dealer (§ 31-5.2-2).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of thirty or more calendar days plus one additional

attempt to cure within seven days of manufacturer’s learning of

failed repair efforts (§ 31-5.2-5).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or substantial unauthorized

modifications or alterations (§ 31-5.2-4); statute of limitations

(§ 31-5.2-12).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a new comparable vehicle or refund the full purchase

price less a reasonable use allowance (defined) (§ 31-5.2-3).

Other reimbursement: Incidental costs, including sales tax, registration

fees, finance charges, and towing and rental costs (§ 31-

5.2-3). If informal dispute resolution award for consumer is upheld

on appeal, $25 for each day the vehicle was out of use due to a

nonconformity after vehicle was returned to manufacturer, unless

manufacturer provided a loaner vehicle. Attorney fees (§ 31-5.2-

11).

Other remedies: There is no limit on other consumer remedies

(§ 31-5.2-6). Right to bring civil action (§ 31-5.2-10). Manufacturer’s

failure to comply with the statute is a deceptive trade

practice (§ 31-5.2-13).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal dispute settlement procedure

established by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 or is approved by the FTC or by the state

(§ 31-5.2-7), or the state’s motor vehicle arbitration board (§ 31-

5.2-7.1).

Resale of lemon: Full disclosure required (§ 31-5.2-9).