Lemon Law Complaint - Rhode Island

IN THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND
[________________________________] COUNTY

C.A. No.: [________________________________]

COMPLAINT UNDER R.I. GEN. LAWS CHAPTER 31-5.2

Plaintiff alleges:

I. PARTIES, COURT, AND VENUE

1. Plaintiff [NAME] is:

☐ A consumer within R.I. Gen. Laws § 31-5.2-1(1).

☐ A lessee within R.I. Gen. Laws § 31-5.2-1(4).

2. Defendant [MANUFACTURER LEGAL NAME] manufactured, assembled, or imported the vehicle and is a manufacturer within § 31-5.2-1(7).

3. R.I. Gen. Laws § 31-5.2-10 authorizes an aggrieved consumer or lessee to bring an action under the Rules of Civil Procedure in Superior Court.

4. Venue is proper in this county because [INSERT VERIFIED FACTUAL AND LEGAL BASIS].

II. VEHICLE, WARRANTY, AND TERM OF PROTECTION

5. The vehicle is:

6. The vehicle is a covered “motor vehicle” within R.I. Gen. Laws § 31-5.2-1(8) because:

☐ It is an automobile, truck, motorcycle, or van with a registered gross vehicle weight under 10,000 pounds, sold, leased, or replaced by a dealer or manufacturer, and is not a motorized camper.

☐ It is qualifying municipality-, municipal-agency-, or fire-district-owned or leased fire-department motorized apparatus that was not significantly altered in a way that caused a warranty breach.

7. Defendant supplied the following applicable express or implied warranty: [DESCRIBE WARRANTY].

8. The term of protection is the earlier of one year or 15,000 miles of use from original delivery, or from delivery of a statutory replacement vehicle, under § 31-5.2-1(10).

9. The term of protection ended on [__/__/____] or when the vehicle reached 15,000 miles on [__/__/____], whichever occurred first.

III. REPORTED NONCONFORMITY AND REPAIRS

10. The vehicle had the following specific or generic defect, malfunction, or combination that substantially impairs its use, market value, or safety:

11. Plaintiff reported each claimed nonconformity to Defendant, its agent, authorized dealer, or lessor during the term of protection.

12. Under R.I. Gen. Laws § 31-5.2-2, Defendant, its agent, or its authorized dealer was required to make the repairs necessary to conform the vehicle to the applicable warranty even if a repair occurred after the term ended.

13. The repair history is:

14. The nonconformity continues to exist or recurred during the term of protection.

IV. PRESUMPTION AND ADDITIONAL CURE OPPORTUNITY

15. Plaintiff relies on one or both routes in R.I. Gen. Laws § 31-5.2-5(a):

☐ Four-repair route: The same nonconformity was subjected to repair four or more times by Defendant or its agents, authorized dealers, or lessors within the term of protection and continues to exist or recurred within the term.

☐ Out-of-service route: The vehicle was out of service by reason of repair of any nonconformity for a cumulative total of 30 or more calendar days during the term of protection.

16. The totals are [____] repair attempts for the same nonconformity and [____] cumulative calendar days out of service.

17. Defendant first knew or should have known that a § 31-5.2-5(a) limit had been met or exceeded on [__/__/____].

18. Defendant received the one additional opportunity, not exceeding seven calendar days, required by § 31-5.2-5(a)(2) and (b), from [__/__/____] through [__/__/____].

19. Defendant did not cure the nonconformity during that opportunity.

20. Any claimed extension under § 31-5.2-5(b) is based on [WAR / INVASION / FIRE / FLOOD / NATURAL DISASTER / STRIKE]. The event directly caused repair services to be unavailable from [__/__/____] through [__/__/____].

21. If a strike is claimed, Defendant [DID / DID NOT] provide free use of a vehicle of comparable year and size. Any concurrent-event extensions are not added cumulatively.

V. DISPUTE SETTLEMENT PREREQUISITE

22. R.I. Gen. Laws § 31-5.2-7 makes the § 31-5.2-3 refund-or-replacement remedy unavailable until the consumer or lessee first resorts to either a qualifying manufacturer procedure or the Attorney General procedure in § 31-5.2-7.1, when the statutory conditions apply.

23. Plaintiff satisfied the prerequisite as follows:

☐ Plaintiff filed with the Attorney General's motor vehicle arbitration board on [__/__/____]. The result issued on [__/__/____] was [________________________________].

☐ Defendant established a procedure that complied with § 31-5.2-7 and provided clear and conspicuous written notice at delivery. Plaintiff first resorted to it on [__/__/____], and the final decision issued on [__/__/____].

☐ The manufacturer-procedure prerequisite does not apply because [NO COMPLYING PROCEDURE / NO REQUIRED NOTICE AT DELIVERY / OTHER VERIFIED BASIS].

24. A manufacturer-procedure decision binds Defendant only if Plaintiff elects to accept it. Plaintiff [ACCEPTED / REJECTED / DID NOT RECEIVE] the decision.

25. The applicable limitation period was tolled from initiation of the dispute procedure until 30 days after the final decision under § 31-5.2-7.

VI. TIMELINESS

26. R.I. Gen. Laws § 31-5.2-12 requires an action to be commenced within the earlier of:

a. Three years after original delivery; or

b. Two years after the date the vehicle reached 15,000 miles.

27. The relevant dates are:

28. This action is timely because [SHOW CALCULATION].

VII. CLAIM FOR RELIEF

Violation of R.I. Gen. Laws Chapter 31-5.2

29. Plaintiff realleges paragraphs 1 through 28.

30. Defendant, its agent, authorized dealer, or lessor did not conform the vehicle to the applicable express or implied warranty by curing the nonconformity after a reasonable number of attempts.

31. Under R.I. Gen. Laws § 31-5.2-3(a)(1), Defendant must accept return of the vehicle and, at Plaintiff's option, provide the statutory refund or replace the vehicle with a comparable new motor vehicle in good working order.

32. Plaintiff elects:

☐ Refund.

☐ Replacement.

33. For a refund, Plaintiff seeks the full contract price or lease price, including trade-in credits and allowances, less the § 31-5.2-3(a)(5) use allowance, together with the reimbursements expressly provided by § 31-5.2-3(a)(3) and (4).

34. The use allowance equals the total contract price or lessee cost multiplied by:

(Miles before first report + later miles traveled while the vehicle was not out of service for repair) ÷ 100,000

35. The calculation is $[____] × ([____] + [____]) ÷ 100,000 = $[____].

36. If replacement is elected, Defendant has 30 calendar days after return to deliver a comparable new motor vehicle. If it does not, § 31-5.2-3(a)(2) requires the refund.

37. Plaintiff may retain use of the returned vehicle until Defendant tenders a full refund or an acceptable replacement, subject to the statutory use allowance.

38. Plaintiff seeks reasonable attorney fees upon prevailing under R.I. Gen. Laws § 31-5.2-11.

VIII. PRAYER FOR RELIEF

Plaintiff requests judgment:

A. Enforcing Plaintiff's selected refund or replacement remedy under R.I. Gen. Laws § 31-5.2-3;

B. If refund is selected, awarding the full contract price or lease price, trade-in credits and allowances, statutory incidental costs, and qualifying towing and rental reimbursement, less the statutory use allowance, with allocation among Plaintiff, any lessor, and any lienholder as their interests appear;

C. If replacement is selected, requiring the statutory comparable replacement and related registration, tax, and financing protections;

D. Awarding reasonable attorney fees to Plaintiff if Plaintiff prevails; and

E. Granting other relief authorized by Chapter 31-5.2.

IX. JURY DEMAND

Plaintiff demands a jury trial on all issues for which a jury right exists.

DATED: [__/__/____]

[ATTORNEY NAME]
Rhode Island Bar No. [________________________________]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff

SOURCES AND REFERENCES

• Rhode Island General Laws, Chapter 31-5.2, official current text: https://webserver.rilegislature.gov/Statutes/TITLE31/31-5.2/INDEX.htm