Rhode Island Lemon Law: Your Complete Legal Guide

Overview of Rhode Island's Lemon Law

Rhode Island's lemon law, officially titled the Consumer Enforcement of Motor Vehicle Warranties Act, is codified at R.I. Gen. Laws Chapter 31-5.2. The law protects consumers who purchase or lease new motor vehicles that turn out to have substantial defects the manufacturer cannot fix after a reasonable number of attempts.

Rhode Island also maintains a separate used car warranty statute under Chapter 31-5.4, which requires dealers to provide written warranties on used vehicles and gives buyers recourse when defects go unrepaired. Together, these two laws form a strong safety net for Rhode Island vehicle buyers.

The Rhode Island Attorney General's Office oversees lemon law enforcement and operates the Motor Vehicle Arbitration Board, which provides consumers with an accessible path to resolve disputes without needing to go to court.

What Vehicles Are Covered

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

Covered Vehicle Types

• Automobiles: All passenger cars regardless of purpose
• Trucks: Vehicles with 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
• Electric vehicles: EVs that meet the weight and warranty requirements are covered just like gas-powered vehicles
• Used vehicles: Vehicles transferred during the duration of any express or implied warranty
• Leased vehicles: Vehicles leased for one year or more under a written lease agreement
• Fire department apparatus: Municipality-owned vehicles not substantially altered after purchase

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 substantially altered in a manner that voids the manufacturer's warranty
• Vehicles sold before May 11, 1984

Used Vehicle Coverage Under Chapter 31-5.2

Unlike many states, Rhode Island's lemon law covers used vehicles that are transferred during the duration of any express or implied warranty. 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.

This is separate from the used car warranty protections under Chapter 31-5.4, which are discussed in detail later in this guide.

What Qualifies as a Nonconformity

Rhode Island law 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

The defect does not need to make the vehicle undrivable. If it significantly reduces the vehicle's value or creates safety concerns, that may be enough to qualify. Common examples include persistent engine problems, transmission failures, electrical system malfunctions, brake defects, and steering issues.

Rhode Island's Lemon Law Presumption

Under R.I. Gen. Laws Section 31-5.2-5, the law creates a rebuttable presumption that a reasonable number of repair attempts have been made when 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	The same nonconformity has been subject to repair 4+ times and continues to exist
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 the defect. This additional opportunity cannot exceed seven calendar days. It begins when the manufacturer first knows or should have known that the repair attempt limits 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 (the manufacturer must provide a free loaner vehicle during strikes)

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

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 Section 31-5.2-3, the manufacturer must refund:

• Full contract price: The complete purchase price of the vehicle
• Credits and allowances: Including the value of any trade-in
• 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 of charge during repairs

Usage Deduction: The manufacturer may deduct a reasonable allowance for use. Rhode Island calculates this deduction as follows:

Usage Deduction = (Total Contract Price x 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, resulting in a smaller deduction from the refund.

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 the replacement
• Refinancing terms no less favorable than the original agreement (if financed through the 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: Notify the Manufacturer

Before filing a claim, check your warranty or owner's manual. If required, send written notification to the manufacturer at the address indicated in the warranty or owner's manual of your intent to file a complaint under the lemon law.

Step 2: Document Everything

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

Step 3: Allow Repair Attempts

Give the manufacturer or dealer the opportunity to repair the nonconformity. Report the problem to the manufacturer, its agent, or an authorized dealer during the term of protection. Keep careful records of each repair attempt.

Step 4: Choose a Dispute Resolution Path

If repairs are unsuccessful after meeting the presumption thresholds, you may:

• Use the manufacturer's informal dispute settlement procedure: If one exists and complies with federal regulations (16 C.F.R. Part 703) or is approved by the Attorney General
• Use the Motor Vehicle Arbitration Board: State-run arbitration through the Attorney General's office
• File a civil lawsuit: Take the matter directly to court

Motor Vehicle Arbitration Board

Rhode Island operates a unique state-run Motor Vehicle Arbitration Board through the Department of the Attorney General. This provides consumers with an accessible and affordable alternative to court litigation or 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

Detail	Information
Consumer filing fee	$20 (non-refundable)
Manufacturer filing fee	$50 (non-refundable)
How to file	Complete the complaint form prescribed by the Attorney General
Decision timeline	Within 90 days of eligibility determination
Consumer acceptance period	5 days to accept or reject the decision
Manufacturer compliance period	30 days after consumer accepts a favorable decision

You can download the Request for Lemon Law Arbitration form directly from the Attorney General's website.

How Arbitration Decisions Are Enforced

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

• A petition filed within 30 days of the decision
• A 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 the appeal or the appeal was frivolous

Manufacturer Defenses

Under R.I. Gen. Laws Section 31-5.2-4, manufacturers have limited affirmative defenses they can raise in a lemon law dispute.

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

The manufacturer carries the burden of proof for these defenses. Consumers should maintain thorough records to counter any such claims.

Leased Vehicle Protections

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

Refund Calculation for Leased Vehicles

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

• Lessee receives: Aggregate deposit and rental payments previously paid (the "lessee cost")
• Lessor receives: The 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

Attorney Fees and Consumer Rights

Rhode Island law provides that courts hearing a complaint brought by a consumer or lessee aggrieved by a violation of the lemon law shall award reasonable attorney fees to a prevailing plaintiff. This is an important provision because it allows consumers to hire competent legal representation without worrying about whether the cost of an attorney will exceed the value of their claim.

Any agreement entered into by a consumer or lessee for the purchase or lease of a new motor vehicle that waives, limits, or disclaims the rights set forth in the lemon law is void as contrary to public policy. Dealers and manufacturers cannot ask you to sign away your lemon law rights.

Resale Disclosure Requirements

Under R.I. Gen. Laws Section 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 the sale. The Attorney General prescribes the exact form and content of the required disclosure statement.

This protects future buyers from unknowingly purchasing a vehicle that was previously returned as a lemon.

Used Car Warranty Law (Chapter 31-5.4)

In addition to the main lemon law, Rhode Island has a separate statute that specifically protects buyers of used vehicles. R.I. Gen. Laws Chapter 31-5.4 requires dealers to provide written warranties on used motor vehicles and sets minimum warranty terms based on the vehicle's mileage at the time of sale.

Minimum Warranty Requirements

Vehicle Mileage at Sale	Minimum Warranty Period
36,000 miles or less	60 days or 3,000 miles, whichever comes first
More than 36,000 but not more than 100,000 miles	30 days or 1,000 miles, whichever comes first

When a Used Car Qualifies as a Lemon

Under Chapter 31-5.4, a used vehicle qualifies for a refund if:

• The same malfunction or defect has been subject to repair 3 or more times by the selling dealer or agent within the warranty period, but the same defect continues to exist, OR
• The vehicle is out of service by reason of repair for a cumulative total of 15 or more days during the warranty period

Important Exceptions to the 15-Day Rule

The 15-day out-of-service period does not include days when the dealer is unable to complete the repair because of the unavailability of necessary repair parts, provided the dealer exercises due diligence in attempting to obtain those parts.

However, if a vehicle has been out of service for a cumulative total of 45 days, even if a portion of that time is attributable to the unavailability of replacement parts, the consumer is entitled to a replacement or refund.

Refund for Used Vehicles

If the dealer or agent fails to correct the defect as required by the warranty and the defect substantially impairs the value of the used vehicle, the dealer must accept the return of the vehicle and refund the full purchase price, including sales tax, minus a reasonable allowance for any damage not attributable to normal wear and a market value adjustment for any modifications.

Key Differences Between New and Used Vehicle Protections

Feature	New Vehicles (Ch. 31-5.2)	Used Vehicles (Ch. 31-5.4)
Warranty source	Manufacturer warranty	Dealer-provided written warranty
Repair attempts for presumption	4 attempts for same defect	3 attempts for same defect
Out-of-service days	30 cumulative days	15 cumulative days
Remedy provider	Manufacturer	Selling dealer
Arbitration available	Yes, through AG's Motor Vehicle Arbitration Board	No state arbitration board; pursue through court
Replacement option	Yes	No; refund only

Statute of Limitations

Under R.I. Gen. Laws Section 31-5.2-12, any action brought under the lemon law must be commenced within the earlier of:

• Three (3) years from the date of original delivery of the motor vehicle to the consumer, OR
• Two (2) years from the date on which the mileage on the motor vehicle reached 15,000 miles

Whichever deadline arrives first controls. This means consumers should not delay in pursuing a claim once they suspect their vehicle qualifies as a lemon.

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

Tips for Strengthening Your Rhode Island Lemon Law Claim

1. Report problems immediately. Contact the dealer or manufacturer as soon as you notice a defect, and always do so in writing.
2. Keep a repair log. Track every visit, including dates dropped off and picked up, what was reported, and what work was done.
3. Request copies of all repair orders. These documents are your primary evidence in any lemon law claim.
4. Do not attempt DIY repairs. Unauthorized repairs can undermine your claim and give the manufacturer a defense.
5. Follow the warranty procedures. Use authorized dealers for all warranty work and follow any notice requirements in your owner's manual.
6. Act within the time limits. Remember that the term of protection is just 1 year or 15,000 miles, and the statute of limitations can expire as early as 2 years after reaching 15,000 miles.

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