Rhode Island Lemon Law: Your Complete Legal Guide

What Vehicles Are Covered

Rhode Island has one of the more inclusive lemon laws in the country, covering a wide range of vehicles including used cars still under warranty protection.

Covered Vehicle Types

• Automobiles: All passenger cars regardless of purpose
• Trucks: Having a registered gross vehicle weight of less than 10,000 pounds
• Vans: Including minivans and passenger vans under the weight limit
• Motorcycles: Street-legal motorcycles with manufacturer warranties
• Used vehicles: Vehicles transferred during the warranty period
• Leased vehicles: Vehicles leased for one year or more under written lease agreements
• Fire department apparatus: Municipality-owned vehicles not substantially altered

Vehicles NOT Covered

• Motorized campers as defined in Rhode Island law
• Vehicles with a registered gross vehicle weight of 10,000 pounds or more
• Vehicles significantly altered in a manner that breaches the manufacturer's warranty

Used Vehicle Coverage

Unlike many states, Rhode Island's lemon law covers used vehicles that are transferred during the duration of any express or implied warranty. This means if you buy a used car that still has remaining manufacturer warranty, you may be entitled to lemon law protection for defects that arise during that warranty period.

Rhode Island's Lemon Law Presumption

Under R.I. Gen. Laws § 31-5.2-5, Rhode Island law creates a presumption that a reasonable number of repair attempts have been made if certain conditions occur within the "term of protection."

The Lemon Law Presumption Applies When:

Condition	Requirement	Details
Repair Attempts (Same Problem)	4 or more attempts	Same nonconformity continues or has recurred within term of protection
Days Out of Service	30 or more cumulative calendar days	Vehicle unavailable due to repair of any nonconformities
Term of Protection	1 year or 15,000 miles	Whichever comes first from date of original delivery
Final Opportunity to Cure	7 additional calendar days	Manufacturer gets one additional chance even after term expires

Important: Even after the term of protection expires, the manufacturer is entitled to one additional opportunity to cure, not to exceed seven calendar days. This opportunity begins when the manufacturer first knows or should have known that the repair attempt or out of service limits have been met.

Extensions to the Time Periods

The term of protection, the 30-day out of service period, and the additional opportunity to cure may be extended during:

• War or invasion
• Fire, flood, or other natural disaster
• Strike (manufacturer must provide free loaner vehicle during strikes)

The manufacturer bears the burden of proving that these events directly caused the failure to cure the nonconformity.

What Qualifies as a "Nonconformity"?

Rhode Island defines a nonconformity as any specific or generic defect or malfunction, or any concurrent combination of defects or malfunctions, that substantially impairs the:

• Use of the motor vehicle
• Market value of the motor vehicle
• Safety of the motor vehicle

Consumer Remedies: Refund vs. Replacement

When a vehicle qualifies as a lemon under Rhode Island law, the consumer has the right to choose between a full refund or a comparable replacement vehicle.

Option 1: Vehicle Buyback (Refund)

Under R.I. Gen. Laws § 31-5.2-3, the manufacturer must refund:

• Full contract price: The complete purchase price of the vehicle
• Credits and allowances: Including trade-in value
• Incidental costs: Sales tax, registration fees, and finance charges
• Dealer-installed options: Cost of nonremovable options added by an authorized dealer
• Towing and rental costs: If these services were not provided free during repairs

Usage Deduction: The manufacturer may deduct a reasonable allowance for use calculated as follows:

Usage Deduction = (Total Contract Price × Miles Before First Report + Miles When Not Out of Service) ÷ 100,000

The 100,000-mile denominator is more favorable to consumers than many other states that use 120,000 miles.

Option 2: Replacement Vehicle

The manufacturer must provide:

• A comparable new motor vehicle in good working order
• Delivery within 30 calendar days of the vehicle's return
• Reimbursement for registration transfer fees and sales tax incurred due to replacement
• Refinancing terms no less favorable than the original agreement (if financed through manufacturer)

If no comparable vehicle is delivered within 30 days, the manufacturer must provide a full refund instead.

Consumer's Right to Retain Vehicle

Rhode Island uniquely allows consumers to retain use of the returned vehicle until a full refund or acceptable replacement is tendered. Any additional miles driven during this period are included in the reasonable allowance for use calculation.

How to File a Lemon Law Claim in Rhode Island

Rhode Island provides two main paths for resolving lemon law disputes: manufacturer informal dispute settlement procedures and the state Motor Vehicle Arbitration Board.

Step 1: Document Everything

• Keep all repair orders and invoices
• Note the dates your vehicle was in the shop
• Document the symptoms you experienced
• Save all correspondence with the dealer and manufacturer
• Take photos or videos of defects when possible

Step 2: Report the Nonconformity

Report the problem to the manufacturer, its agent, or authorized dealer during the term of protection. This triggers the manufacturer's obligation to repair.

Step 3: Allow Repair Attempts

Give the manufacturer or dealer opportunity to repair the nonconformity. Keep careful records of each repair attempt.

Step 4: Choose a Dispute Resolution Path

If repairs are unsuccessful, you may:

• Use manufacturer's procedure: If one exists and complies with federal regulations or is approved by the Attorney General
• Use the Motor Vehicle Arbitration Board: State-run arbitration through the Attorney General's office

Motor Vehicle Arbitration Board

Rhode Island operates a unique state-run Motor Vehicle Arbitration Board through the Department of Attorney General, providing consumers with an alternative to manufacturer-sponsored arbitration.

Board Composition

The five-member board includes:

• The Attorney General or designee (serves as director)
• A member of the general public appointed by the Attorney General
• The Director of the Department of Revenue or designee
• The President of the Rhode Island Automobile Dealers' Association or designee
• The Administrator of the Division of Motor Vehicles or designee

Filing Process

• Consumer filing fee: $20 (non-refundable)
• Manufacturer filing fee: $50 (non-refundable)
• File complaint form prescribed by the Attorney General
• Decision rendered within 90 days of eligibility determination
• Consumer has 5 days to accept or reject the decision

Enforcement of Decisions

If the consumer accepts a favorable decision, the manufacturer must comply within 30 days or appeal to Superior Court. Appeals require:

• Petition filed within 30 days of the decision
• Bond equal to the money award plus $2,500 for anticipated attorney fees

Additional Recovery if Manufacturer Appeal Fails

If the arbitration decision is upheld by the court, consumers may recover:

• Continuing damages: $25 per day for each day the vehicle was out of use
• Attorney fees and costs: Reasonable fees for prevailing consumers
• Double damages: If the court finds the manufacturer had no reasonable basis for appeal or the appeal was frivolous

Manufacturer Defenses

Under R.I. Gen. Laws § 31-5.2-4, manufacturers have limited affirmative defenses:

Defense	Manufacturer's Argument	Consumer's Counter
No substantial impairment	Alleged nonconformity does not substantially impair use, market value, or safety	Document how defect affects daily use, resale value, or creates safety concerns
Consumer abuse or neglect	Nonconformity resulted from consumer misuse	Provide maintenance records showing proper care and timely service
Unauthorized modifications	Substantial modification or alteration caused the problem	Show defect existed before modifications or is unrelated to any alterations

Leased Vehicle Protections

Rhode Island provides specific protections for consumers who lease vehicles for one year or more.

Refund Calculation for Leased Vehicles

When a leased vehicle qualifies as a lemon, refunds are distributed as follows:

• Lessee receives: Lessee cost (aggregate deposit and rental payments previously paid)
• Lessor receives: Lease price minus the lessee cost

Lease Termination

Upon payment of the refund:

• The lease agreement is automatically terminated
• No penalty for early termination may be assessed against the consumer
• The consumer owes no additional payments under the lease

Resale Disclosure Requirements

Under R.I. Gen. Laws § 31-5.2-9, no motor vehicle returned under the lemon law may be resold or re-leased in Rhode Island without clear and conspicuous written disclosure to the prospective buyer or lessee prior to sale. The Attorney General prescribes the exact form and content of the required disclosure statement.

Statute of Limitations

Under R.I. Gen. Laws § 31-5.2-12, any action brought under the lemon law must be commenced within four years following the date of original delivery of the motor vehicle to the consumer.

Tolling provisions: The statute of limitations is tolled (paused) during the period from initiation of a dispute settlement procedure until 30 days after a final decision is rendered.

More Rhode Island Laws

• Rhode Island Sexting Laws
• Rhode Island Hit and Run Laws
• Rhode Island Dog Bite Laws
• Rhode Island Statute of Limitations
• Rhode Island Recording Laws
• Rhode Island Child Support Laws
• Rhode Island Car Seat Laws
• Rhode Island Whistleblower Laws