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Rhode Island Lemon Law
Millions of used cars have costly hidden problems.
You should use vehicle history reports to confirm a clean
history or check for:
By knowing the REAL history of a used car, you can:
Before you are entitled to a refund or replacement, there are some qualifications and procedures that must be followed.
The following are Rhode Island State Lemon Law and Aids
Success in using state lemon laws depends upon three things:
Are you paying too much for car insurance?
|Leased cars covered?||
An automobile, truck, motorcycle, or van having a gross vehicle weight of less than 10,000 pounds.
|Three unsuccessful repairs or 15 business days out of service within 1 year or warranty, whichever is shorter.||Written notice to manufacturer, which has 10 business days to repair after delivery to designated dealer.||No||
Attorney General's Office
|Lemon Law Lawyers:|
|Rhode Island Lemon Law|
Rhode Island State Statutes
The following words and phrases which are used in this chapter shall, for the purposes of this chapter, have the following meanings:
31-5.2-2 Manufacturers' obligation to fulfill warranties.
If a motor vehicle does not conform to any applicable express or implied warranties, including, but not limited to, the implied warranty of merchantability as defined in 6A-2-314 and the implied warranty of fitness for a particular purpose as defined in 6A-2-315, and the consumer or lessee reports the nonconformity to the manufacturer of the vehicle, its agent, or its authorized dealer or lessor during the term of protection, the manufacturer, its agent or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to the warranty, notwithstanding the fact that those repairs are made after the expiration of the term.
31-5.2-3 Replacement of nonconforming vehicle.
31-5.2-4 Affirmative defenses.
It shall be an affirmative defense to any claim under this section:
31-5.2-5 Time allowed for correction of nonconformity.
31-5.2-6 Rights and remedies cumulative.
Nothing in this chapter shall be construed to limit the rights or remedies which are otherwise available to a consumer or lessee under law.
31-5.2-7 Informal dispute settlement procedures.
If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of title 16, Code of Federal Regulations, part 703, as from time to time amended, or which has been approved by the federal trade commission or by the attorney general of this state, the provisions of 31-5.2-3 concerning refunds or replacement shall not apply to any consumer or lessee who has not first resorted to the procedure or the procedure set forth in 31-5.2-7.1. This section shall not apply unless the manufacturer, its agents, or its authorized dealer or lessor shall have provided the consumer or lessee with clear and conspicuous written notice of the procedure at the time of delivery of the motor vehicle. A decision resulting from such an informal dispute settlement procedure shall be binding upon the manufacturer if the consumer or lessee elects to accept the decision. The manufacturer shall perform its obligations as set forth in said decision within a reasonable period of time not to exceed thirty (30) calendar days from the rendering of the decision. In no event shall a consumer or lessee who has resorted to an informal dispute settlement procedure be precluded from seeking the rights and/or remedies provided by this chapter. Any applicable statute of limitation including but not limited to that set forth in 31-5.2-12 shall be tolled during the period from the initiation of a dispute settlement procedure until thirty (30) days following the rendering of a final decision in said process.
31-5.2-8 Waiver of rights prohibited.
Any agreement entered into by a consumer or lessee for the purchase or lease of a new motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle.
31-5.2-9 Disclosure of nonconformity prior to resale.
No motor vehicle that is returned to the manufacturer under the provisions of this chapter shall be resold or re-leased in the state without clear and conspicuous written disclosure to the prospective purchaser or lessee prior to resale of the fact that it was so returned due to a nonconformity. The attorney general shall prescribe the exact form and content of the disclosure statement.
31-5.2-10 Cause of action.
An aggrieved consumer or lessee may bring an action under the Rules of Civil Procedure in the superior court to enforce the provisions of this chapter.
31-5.2-11 Attorney's fees.
The court hearing a complaint brought by a consumer or lessee aggrieved by a violation of this chapter shall award reasonable attorney's fees to a prevailing plaintiff.
31-5.2-12 Commencement of action.
Any action brought pursuant to this chapter shall be commenced within three (3) years of the date of original delivery of the motor vehicle to the consumer or lessee or within two (2) years of the date on which the mileage on the motor vehicle reached fifteen thousand (15,000) miles, whichever is earlier.
31-5.2-13 Deceptive trade practice.
A manufacturer's failure to comply with any of the provisions of this chapter shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.
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Most Popular Cities in Rhode Island
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