Rhode Island's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Rhode Island (R.I. Gen. Laws, chapter 31-5.2). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New cars, trucks, motorcycles and vans with a registered gross vehicle weight under 10,000 lb, bought or leased from a dealer or manufacturer (lease of 1 year or more), with a defect that substantially impairs use, market value or safety. It also protects anyone who receives the car while the warranty is still running (§ 31-5.2-1(1), (8)).

Rights period: The "term of protection": 1 year or 15,000 miles from delivery to the first owner, whichever comes first.

When it is presumed a lemon

The same defect repaired 4 or more times within the period and it is still there; or 30 or more cumulative calendar days out of service. The manufacturer gets one last chance of up to 7 calendar days.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

If the maker told you in writing at delivery about its dispute program, use it first, or request arbitration from the Attorney General's Motor Vehicle Arbitration Board ($20 fee, non-refundable). File no later than 60 days after 1 year from purchase; the hearing is set within 45 days and the board decides within 90 days at most. A court case must be filed within 3 years of delivery or 2 years after reaching 15,000 miles, whichever comes first.

Who handles it: Rhode Island Attorney General — Motor Vehicle Arbitration Board.

Hotline: (401) 274-4400 (Attorney General, Providence).

What you get if you win

Refund of the full price (including trade-in credit) or a comparable new car, at the consumer's choice, minus an allowance for use. It includes sales tax, registration, finance charges, towing and rental.

What it does not cover

Defects that do not substantially impair use, market value or safety; defects from abuse, neglect or unauthorized substantial modification or alteration (§ 31-5.2-4); damage caused by an accident (470-RICR-00-00-1, § 1.6(A)(6)(c)); motorized campers (§ 31-1-3(q)); vehicles with a registered gross vehicle weight of 10,000 lb or more; motorized bicycles (bikes with helper motors) and anything that is not an automobile, truck, motorcycle or van; a car you did not buy or lease from a dealer or manufacturer; purchases for resale (§ 31-5.2-1(1), (8)).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Rhode Island: Rhode Island has a used-car warranty law (ch. 31-5.4): the dealer must give a written warranty of 60 days or 3,000 miles if the car has up to 36,000 miles, or 30 days or 1,000 miles if it has 36,001 to 100,000, on engine, transmission, axles, brakes, radiator, steering and starting system. If it is not fixed in 3 attempts or 15 days out of service, the dealer must buy it back. An "as is" sale requires a large windshield notice and a separate, initialed waiver on the bill of sale. It does not apply to cars under $1,500. Not giving the rights notice is treated as a deceptive practice (§ 31-5.4-6, ch. 6-13.1).