What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

It covers defects that are covered by the warranty; that substantially impair the use, safety, or market value of the vehicle; and that were not caused by an accident, abuse or neglect, or unauthorized modifications or alterations to the vehicle.

Does My State Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Yes, it is RI General Law § 315.4.

The law requires that dealers must provide written warranties with all used motor vehicles sold.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, full disclosure is required.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If your manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement vehicle or a refund via the following options:

ManufacturerSponsored Arbitration: If the manufacturer has a dispute settlement procedure that complies with Federal Trade Commission regulations, the law requires that you utilize such a procedure before you may file a lawsuit under the Lemon Law.

Arbitration, also known as informal dispute settlement, is an informal process consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.

You can find out if your manufacturer sponsors a certified arbitration program by reading the information accompanying your warranties, asking your dealer for information, or by contacting the Rhode Island Office of the Attorney General.

Court Action: If the manufacturer does not have a certified arbitration program, or if you have rejected the decision of a certified program, you may file a lawsuit against the manufacturer in court.

If you are seeking court action, you should consult an attorney.

You must file a lawsuit under the Lemon Law within three years of date of delivery, or within two years after your vehicle reached 15,000 miles.

If the court finds in your favor, you may be reimbursed for any reasonable attorney`s fees.

What Are My Options For Action Under The Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You may seek to receive a replacement vehicle or a refund via the same options as presented in the New Car Lemon Law; any action under the Lemon Law must be commenced within four years of the date of original delivery.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it is determined that your vehicle is a lemon, you are entitled to receive either a comparable replacement vehicle that is acceptable to you, or a refund.

In the case of a refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, computed based on the number of miles driven since the date of delivery. After this deduction, you are entitled to receive the full purchase price as well as, but not limited to, the following: credits and allowances for any tradein vehicles; costs of any options and other modifications added by the manufacturer within 30 days after the original delivery date; cost of sales taxes, license and registration fees, and finance charges; towing; cost of vehicle repairs paid for by you; charges for renting a similar vehicle while the original vehicle was out of service because of the defect; and the Lemon Law filing fee.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If the above criteria are met, you are entitled to receive a refund for the vehicle.

The dealer is permitted to offer you a replacement vehicle instead of a refund, but you have the option of accepting or declining a replacement and demanding a refund instead.

In a refund, the manufacturer is entitled to deduct a reasonable allowance for any damage beyond normal wear or use, or for any modifications made to the vehicle which either increase or decrease its market value. There is no deduction for mileage.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The vehicle must have been taken in to the manufacturer or authorized dealer for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days, while being repaired for any number of defects, and the defect continues to exist.

If your claim is based on four or more unsuccessful repair attempts rather than on 30 or more business days out of service, you must provide written notification of the defect to the manufacturer (not the dealer), stating that you may have a claim under the Lemon Law and that you are giving the manufacturer a final opportunity to repair the defect.

The manufacturer then has seven days after receiving your notification to repair the vehicle.

What Do I Need To Do Before I Can Claim That My Newly Purchased Used Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

It is your responsibility to promptly bring the motor vehicle in to notify the dealer of the problem and give the dealer an opportunity to repair the defect(s).

If you provide such notification within the used car warranty period, the dealer must make the repair even if the warranty has subsequently expired.

If the vehicle is financed or leased, you should continue to make your monthly payments unless advised otherwise by an attorney.

The used car warranty is extended for each day that the vehicle is in the shop for repairs.

If you have taken the car in for at least three repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 15 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. This 15day period begins from the day you first notify the dealer of the problem and does not include days when the dealer is unable to complete the repair because of the unavailability of necessary parts;
Or, if the car has been out of service due to repair for a cumulative total of 45 or more days, even if some of those days are due to the unavailability of certain parts.

If the dealer fails to repair the problem after step two has been exhausted, and if the problem substantially impairs the value of the used vehicle, the dealer is required to accept the return of the vehicle and refund the full purchase price.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The term of protection is for the first year or 15,000 miles from date of delivery, whichever is reached first.

This term of protection may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

What Is The Used Car Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The law requires used car dealers to provide their customers with warranties, the length of which depends on the used motor vehicle`s mileage at time of purchase:

If a motor vehicle has up to 36,000 miles, the dealer must provide a warranty for a minimum of 60 days or 3,000 miles, whicheveris reached first;
If a motor vehicle has between 36,001 and 100,000 miles, the dealer must provide a warranty lasting 30 days or 1,000 miles, whichever is reached first.

If a new car warranty is still in effect when you purchase the used vehicle, then the used car Lemon Law is valid only for the time period if it exists between the expiration of the new car warranty and the expiration of the above used car warranty period. The used car warranty period will still be determined based on the mileage at the time at which you purchase the vehicle, not based on the mileage when the new car warranty expired.

The term of the warranty shall be extended by any time period during which the used vehicle is in possession of the dealer or his agent for warranty repairs, or during which repair services are not available due to war, strike, or natural disaster.

What Types Of Defects Are Covered Under The Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The law requires a dealer to repair any defects in covered parts that occur during the applicable warranty period and that substantially impair the value of the used motor vehicle, as long as you notify the dealer of such defects within this warranty period. As the law requires the warranty to cover specific parts, you should contact the Rhode Island Department of Motor Vehicles to find out if the defective part on your vehicle is covered.

It does not cover defects that are the result of your abuse, neglect, or unreasonable modifications or alterations to the vehicle.

What Types Of Vehicles Are Covered Under The Used Car Lemon Law?

Mon, 04 Jun 2007 21:51:22 GMT

This law covers used passenger motor vehicles—excluding motorcycles, motor homes, and offroad vehicles—that are normally used for personal, family, or household purposes and that are subject to a warranty. To qualify, the vehicle must have been driven more than the amount necessary in moving or road testing a new vehicle prior to delivery.

The law does not cover used cars that were purchased from private individuals; it only covers those purchased from a dealer. Under this law, a dealer is any person or business who sells or offers for sale three or more used cars within a 12month period.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers new and leased automobiles, motorcycles, vans, and trucks that weigh less than 10,000 pounds. These vehicles must have been sold or replaced in the state of Rhode Island in order to be covered.

The law does not cover motorized campers.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

An automobile, truck, motorcycle, or van having a gross vehicle weight of less than 10,000 pounds.

4 repair attempts or 30 calendar days out of service

1 year or 15,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The New And Used Car Lemon Laws?

Tue, 29 May 2007 21:19:00 GMT

Office of the Attorney General
Consumer Protection Division
72 Pine Street
Providence, RI, 02903
4012744400

Rhode Island State Bar Association
Lawyer Referral Service
115 Cedar Street
Providence, Rhode Island 02903
4014215740
www.ribar.com/pamphlets/referral.html

Department of Motor Vehicles
Dealer`s Board
286 Main Street, Pawtucket, RI 028604012222970, ext. 2076 or ext. 2077

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sat, 28 Nov 2009 13:26:00 GMT

Free Lemon Law Attorney FAQs