The Lemon Law in Rhode Island

Rhode Island's lemon law covers automobiles, trucks, motorcycles and vans with a registered gross vehicle weight under 10,000 pounds (not motorized campers), bought or leased. The "term of protection" is one year or 15,000 miles from delivery, whichever comes first. If a defect that substantially impairs the vehicle's use, market value or safety is reported during that term, the manufacturer must repair it even after the term ends. If it is not fixed after a reasonable number of attempts, the manufacturer must take the vehicle back and, at the consumer's choice, refund the full contract or lease price (including trade-in credit) minus a use allowance, or replace it with a comparable new vehicle; refunds also cover sales tax, registration, finance charges and certain towing and rental costs. A reasonable number of attempts is presumed if the same defect was repaired four or more times, or the vehicle was out of service 30 or more calendar days, during the term of protection, with one final repair opportunity of up to seven days for the manufacturer. If the manufacturer has a qualifying informal dispute program it must be used first, but the consumer can still go to court. A winning consumer is awarded reasonable attorney's fees. A lawsuit must be filed within three years of delivery or two years after the vehicle reached 15,000 miles, whichever is earlier.

1) Report the problem to the manufacturer, its agent, or an authorized dealer or lessor during the term of protection (one year or 15,000 miles from original delivery, whichever comes first). The law does not require a separate written notice from the consumer. 2) Final repair chance: after four repair attempts or 30 calendar days out of service, the manufacturer gets one more opportunity, of no more than seven calendar days, to fix the defect. 3) Arbitration: the consumer may choose either (a) the manufacturer's informal dispute program, if it complies with federal rules (16 C.F.R. part 703) or is approved by the FTC or the Attorney General, or (b) the state Motor Vehicle Arbitration Board run by the Attorney General's office. If the manufacturer gave clear written notice of its program at delivery, the consumer must use one of these before the refund-or-replacement remedy applies. For the state board, the consumer files the Attorney General's complaint form with a nonrefundable $20 fee; the manufacturer pays $50. The board decides within 90 days after the dispute is found eligible, and the consumer has five days to accept or reject the decision. A manufacturer that loses must comply within 30 days or appeal to superior court with a bond. A decision from the manufacturer's program binds the manufacturer only if the consumer accepts it, and using it does not bar a lawsuit. 4) Deadline to sue: within three years after original delivery or within two years after the odometer reached 15,000 miles, whichever is earlier. That deadline is paused from the start of a dispute settlement procedure until 30 days after its final decision. A consumer who wins in court is awarded reasonable attorney's fees.

A dealer may not sell a used vehicle to a consumer without a written warranty covering major parts (engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter and ignition). The minimum term is 60 days or 3,000 miles (whichever first) for vehicles with 36,000 miles or less, and 30 days or 1,000 miles for vehicles with more than 36,000 but not more than 100,000 miles. If the dealer cannot fix a covered defect that substantially impairs the vehicle's value within a reasonable time, the dealer must take it back and refund the purchase price, with certain adjustments. A dealer may sell a vehicle "as is" only by posting a large "NO WARRANTY AS TO CONDITION — SOLD AS IS" notice on the windshield and printing the waiver prominently on the bill of sale, initialed by both parties. The law does not apply to used vehicles sold for less than $1,500 or to registered classic cars.