Rhode Island Lemon Law Statute
31-5.2-4 through 31-5.2-6

This page contains 4th through 6th sections of the Rhode Island Lemon Law statute from 31-5.2-4 to 31-5.2-6. There are 14 parts of the statute in all so please be sure to read all sections to gain a greater understanding of your rights and the obligations of the automobile vendor. These three sections cover affirmative defenses, rights and remedies that are cumulative and informal dispute settlement procedures.

Consumer Enforcement of Motor Vehicle Warranties

SECTION 31-5.2-4

§ 31-5.2-4 Affirmative defenses. – It shall be an affirmative defense to any claim under this section:

(1) That an alleged nonconformity does not substantially impair the use, market value, or safety of the vehicle; or

(2) That a nonconformity is the result of abuse, neglect, or unauthorized substantial modification or alteration of the vehicle by the consumer or lessee.

SECTION 31-5.2-5

§ 31-5.2-5 Time allowed for correction of nonconformity. – (a) A reasonable number of attempts shall be presumed to have been undertaken to conform a motor vehicle to any applicable express or implied warranties if:

(1) The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or authorized dealers or lessors within the term of protection, but the nonconformity continues to exist or the nonconformity has recurred within the term of protection, or

(2) The vehicle is out of service by reason of the repair of any nonconformity for a cumulative total of thirty (30) or more calendar days during the term of protection; provided, however, that the manufacturer shall be afforded one additional opportunity, not to exceed seven (7) calendar days, to cure any nonconformity arising during the term of protection, notwithstanding the fact that the additional opportunity to cure commences after the term of protection.

(b) The additional opportunity to cure shall commence on the day the manufacturer first knows or should have known that the limits specified in subsection (a)(1) or (a)(2) have been met or exceeded. The term of protection, the thirty (30) calendar day period specified in subsection (a)(2), and the additional opportunity to cure shall be extended by any period of time during which repair services are not available to the consumer or lessee as a direct result of a war, invasion, fire, flood or other natural disaster. The term of protection, the thirty (30) calendar day period and the additional opportunity to cure shall also be extended by that period of time during which repair services are not available as a direct result of a strike. During a strike, however, the manufacturer, its agent, or its authorized dealer or lessor shall make provision for the free use of a vehicle of comparable year and size by any consumer or lessee whose vehicle is out of service by reason of repair during a strike. The burden shall be on the manufacturer to show that any event claimed as a reason for an extension under the provisions of this section was the direct cause for the failure of the manufacturer, its agent or lessor, or its authorized dealer to cure any nonconformity during the time of that event. Extensions for concurrent events shall not be cumulative.

SECTION 31-5.2-6

§ 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.

SECTION 31-5.2-7

§ 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 16 CFR Part 703, 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 that manufacturer's procedure or to 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 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 the 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 the process.

For more information see the following pages:

Rhode Island Lemon Law statute 31-5.2-1 through 31-5.2-3

Rhode Island Lemon Law statute 31-5.2-4 through 31-5.2-6

Rhode Island Lemon Law statute 31-5.2-7 through 31-5.2-9

Rhode Island Lemon Law statute 31-5.2-10 through 31-5.2-12

Rhode Island Lemon Law statute 31-5.2-13 through 31-5.2-14

Disclaimer: The information on this website has been complied by the Rhode Island Lemon Law website from public sources. Use of information from this website does not constitute an attorney-client relationship. Please contact an attorney in your state or your Attorney General to ensure that all your rights are protected.

Rhode Island Lemon Laws were set in motion to protect you, the consumer. Find out the specifics of what you need to know about the Rhode Island Lemon Laws on this website. If all else fails you may need to contact a Rhode Island Lemon Law attorney to seek the compensation you deserve.