Lemon Law Demand Letter — Rhode Island

RHODE ISLAND LEMON LAW DEMAND

Statutory Notice Under R.I. Gen. Laws Chapter 31-5.2

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

To Manufacturer:
[________________________________] (Manufacturer Name)
ATTN: Customer Relations / Legal Department / Lemon Law Administration
[________________________________] (Address)
[________________________________] (City, State ZIP)

To Selling/Servicing Dealer:
[________________________________] (Dealer Name)
ATTN: General Manager / Service Director
[________________________________] (Address)
[________________________________] (City, State ZIP)

Re: RHODE ISLAND LEMON LAW — FORMAL STATUTORY NOTICE
Consumer: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make/Model/Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") in connection with the above-referenced motor vehicle. The vehicle qualifies as a "lemon" under the Rhode Island Motor Vehicle Lemon Law, R.I. Gen. Laws Chapter 31-5.2, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312.

This letter constitutes the written notification to the manufacturer required by R.I. Gen. Laws § 31-5.2-4(b) before the Consumer may invoke lemon law remedies. Upon receipt, [________________________________] (Manufacturer) has seven (7) business days to make a final attempt to cure the nonconformity. If the defect is not cured within that period, our Client will exercise the right to demand a full refund or replacement vehicle.

I. RHODE ISLAND LEMON LAW — STATUTORY FRAMEWORK

A. Coverage — R.I. Gen. Laws § 31-5.2-1

Rhode Island's Lemon Law applies to new motor vehicles that are:

• Purchased or leased in Rhode Island (including leased vehicles — Rhode Island explicitly covers lessees as well as purchasers)
• Used primarily for personal, family, or household purposes
• Subject to the manufacturer's express warranty

Vehicles excluded from coverage (§ 31-5.2-1):

• Motorized campers (the living-quarters portion)
• Motorcycles and mopeds
• Vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds

B. "Nonconformity" Defined

Under § 31-5.2-1, a "nonconformity" is a defect or condition that substantially impairs the use, market value, or safety of the motor vehicle and that does not conform to the manufacturer's express warranty. This is an objective standard assessed from the perspective of a reasonable consumer.

C. Lemon Law Rights Period

The Consumer's rights under the Lemon Law extend throughout the term of the manufacturer's express warranty or one (1) year following the date of original delivery to the consumer, whichever expires first (§ 31-5.2-2(a)). All repair attempts must fall within this period to count toward the statutory thresholds.

D. Manufacturer's Duty — § 31-5.2-2

If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity during the Lemon Law rights period, the manufacturer (or its authorized agent) shall make such repairs as are necessary to conform the vehicle to the warranties. This duty runs to the manufacturer, not merely the selling dealer.

E. Presumption of Lemon Status — § 31-5.2-4

A rebuttable presumption that a reasonable number of repair attempts have been made arises when either threshold is met:

Important distinctions under Rhode Island law:

• The 4-repair threshold applies to the same nonconformity, not different defects combined
• The 30-day threshold uses calendar days (not business days) and the days need not be consecutive
• Both thresholds include repairs by the selling dealer or any authorized repair facility

F. Mandatory Written Notice — § 31-5.2-4(b)

Before pursuing a refund or replacement, the consumer must provide the manufacturer with written notification of the need for repair. After receiving this notice, the manufacturer has seven (7) business days to make a final repair attempt. This letter satisfies the statutory written-notice requirement.

G. Informal Dispute Settlement — § 31-5.2-5

If the manufacturer maintains an informal dispute settlement procedure certified under 16 C.F.R. Part 703 (FTC Used Motor Vehicle Trade Regulation Rule), the consumer must first submit the dispute to that procedure before filing suit. However:

• The consumer is not bound by the arbitration decision and may reject it
• If the manufacturer does not maintain a certified procedure in Rhode Island, the consumer may proceed directly to court
• The arbitrator's decision, if accepted, is enforceable as a contract

H. Remedies — § 31-5.2-2

The consumer elects one of the following:

Refund (§ 31-5.2-2(a)): The manufacturer must refund the full contract price plus all collateral charges (taxes, registration, title fees, finance charges, and incidental damages such as rental car expenses and towing), minus a reasonable allowance for use. The use offset is calculated as:

Full Contract Price × (Miles at First Report of Nonconformity ÷ 100,000)

Replacement (§ 31-5.2-2(b)): The manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

I. Attorney Fees — § 31-5.2-6

A consumer who prevails in a lemon law action may recover reasonable attorney fees and costs. This fee-shifting provision makes it economically feasible for consumers to retain counsel even for moderate-value claims.

II. VEHICLE AND PURCHASE INFORMATION

Warranty Information

All defects described herein arose and were first reported during the applicable express warranty period and within the Lemon Law rights period.

III. DESCRIPTION OF NONCONFORMITY

Primary Defect

• Nature of Defect: [________________________________]
• Date First Noticed: [__/__/____]
• Odometer at First Notice: [________________________________]
• Symptoms and Manifestation: [________________________________]
• Safety Impact: ☐ Yes — [________________________________] ☐ No
• Impairment of Use: [________________________________]
• Impairment of Market Value: [________________________________]

Additional Defect(s) (if applicable)

• Nature of Defect: [________________________________]
• Date First Noticed: [__/__/____]
• Symptoms: [________________________________]
• Safety Impact: ☐ Yes — [________________________________] ☐ No

IV. REPAIR HISTORY

Repair Attempt 1

Repair Attempt 2

Repair Attempt 3

Repair Attempt 4

(Attach additional repair attempt sheets as necessary)

Cumulative Repair Summary

V. LEMON LAW QUALIFICATION ANALYSIS

Our Client's vehicle satisfies the statutory presumption of nonconformity under R.I. Gen. Laws § 31-5.2-4 based on the following:

☐ Repair-Attempt Threshold (§ 31-5.2-4(a)(1)): The same nonconformity — [________________________________] — has been subject to [____] repair attempts (4 or more required), yet the defect persists. The presumption of lemon status is established.

☐ Days-Out-of-Service Threshold (§ 31-5.2-4(a)(2)): The vehicle has been out of service for a cumulative total of [____] calendar days (30 or more required) due to repair of one or more nonconformities. The presumption of lemon status is established.

☐ Both Thresholds Met: The vehicle satisfies both the repair-attempt and days-out-of-service thresholds, creating an especially strong presumption.

Federal Magnuson-Moss Warranty Act Claim

In addition to state lemon law rights, our Client asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, which:

• Provides an independent federal cause of action for breach of written warranty
• Allows recovery of attorney fees to a prevailing consumer (15 U.S.C. § 2310(d)(2))
• Does not require exhaustion of state arbitration procedures (unless the procedure meets FTC certification requirements)
• Permits suit in state or federal court (minimum $50,000 in controversy for federal court jurisdiction, or no minimum if joined with state claim)

VI. DEMAND FOR RELIEF

Pursuant to R.I. Gen. Laws § 31-5.2-2, we demand the following:

Elected Remedy (select one)

☐ REFUND / REPURCHASE — § 31-5.2-2(a)

Use Offset Calculation (§ 31-5.2-2(a)):

Contract Price ($[________________________________]) × ([________________________________] miles at first report ÷ 100,000) = $[________________________________]

☐ REPLACEMENT — § 31-5.2-2(b)

Provide a comparable new motor vehicle of the same make and model (or, if unavailable, a vehicle of comparable quality and value) acceptable to our Client, at no additional cost.

Additional Relief

• Loan/Lease Payoff: Full satisfaction of all amounts owed to the lienholder: [________________________________]
• Attorney Fees and Costs: Reasonable attorney fees and litigation costs under § 31-5.2-6
• Incidental Damages: All out-of-pocket costs resulting from the nonconformity, including rental car, towing, lodging, and lost wages

VII. FINAL REPAIR OPPORTUNITY — § 31-5.2-4(b)

This letter provides [________________________________] (Manufacturer) with the final repair opportunity mandated by the statute. Upon receipt, you have seven (7) business days to effect a cure.

Please contact the undersigned within five (5) business days to schedule the final repair. If the nonconformity is not cured within the seven-business-day period, our Client will:

1. Submit the dispute to the manufacturer's certified arbitration program (if one exists); and/or
2. File suit in the appropriate Rhode Island court or federal district court

VIII. ARBITRATION STATUS

☐ [________________________________] (Manufacturer) operates a certified informal dispute settlement procedure in Rhode Island under 16 C.F.R. Part 703. Our Client will participate in this process as required by § 31-5.2-5, but reserves the right to reject the arbitration decision and proceed to court.

☐ [________________________________] (Manufacturer) does not operate a certified procedure in Rhode Island. Our Client may therefore proceed directly to litigation under § 31-5.2-5.

IX. DOCUMENT PRESERVATION DEMAND

You are directed to immediately preserve all documents, records, and electronically stored information relating to this vehicle and similar defect complaints, including but not limited to:

• All repair orders, warranty claims, and parts orders for this VIN
• All Technical Service Bulletins (TSBs) and recall notices related to the reported defect
• Customer complaints and field reports concerning the same defect in the same make/model/year
• Engineering analyses, root-cause investigations, and internal memoranda regarding the defect
• Communications between the dealer and manufacturer concerning this vehicle
• The vehicle itself — do not auction, salvage, or destroy it pending resolution

Destruction or spoliation of evidence will result in requests for adverse inference instructions and sanctions.

X. RESPONSE DEADLINE

Please respond in writing within seven (7) business days of receipt with:

1. Confirmation of whether you will exercise the final repair opportunity
2. Your position on whether the vehicle qualifies as a lemon under Chapter 31-5.2
3. A refund or replacement offer, or a schedule for arbitration

Failure to respond will be treated as a refusal to cure, and we will proceed accordingly.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
Rhode Island Bar No. [____]
[________________________________] (Address)
[________________________________] (City, RI ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders and invoices
☐ Copy of purchase agreement or lease contract
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration
☐ Photographs/videos documenting the defect
☐ Prior written correspondence with manufacturer or dealer
☐ Rental car receipts and towing invoices

cc:
[________________________________] (Consumer/Client)
[________________________________] (Lienholder)
Rhode Island Attorney General — Consumer Protection Unit, 150 South Main St., Providence, RI 02903

RHODE ISLAND-SPECIFIC NOTES

1. Four Repair Attempts — Higher Than Many States. Rhode Island requires 4 repair attempts for the same defect before the presumption arises. Many neighboring states (e.g., Connecticut, Massachusetts) require only 3. Ensure the client has made the fourth attempt before sending the statutory notice, unless the 30-day out-of-service threshold is met first.

2. Rhode Island Explicitly Covers Leased Vehicles. The statute's definition of "consumer" includes lessees — the Lemon Law is not limited to purchasers. A lessee may demand either a replacement vehicle or termination of the lease with refund of all payments and charges.

3. Seven Business Days, Not Calendar Days, for Final Repair. The manufacturer's final repair window is measured in business days. Weekends and Rhode Island state holidays (including Victory Day, the first Monday in August, a holiday unique to Rhode Island) are excluded from the count.

4. Use Offset Formula Is Codified. Rhode Island's use-offset calculation is set by statute at (Contract Price × Miles at First Report / 100,000). This formula is not subject to negotiation and applies regardless of the vehicle's actual depreciation.

5. The Motorized Camper Exclusion Is Narrow. Rhode Island excludes "motorized campers" but not motor homes generally. The exclusion applies to the living-quarters portion of a camper, not the vehicle chassis. If the defect is in the drivetrain or driving components, the Lemon Law may still apply.

6. Attorney Fees Make Claims Viable. The fee-shifting provision of § 31-5.2-6 is one-directional — only a prevailing consumer recovers fees. The manufacturer cannot recover fees from a consumer who loses. This asymmetric provision encourages consumer enforcement.

7. Rhode Island AG Consumer Protection Unit. The Rhode Island Attorney General maintains an active consumer protection unit that accepts lemon law complaints. Filing a complaint with the AG is not a prerequisite to suit but can create regulatory pressure on the manufacturer. Contact: (401) 274-4400 or riag.ri.gov.

8. Federal Magnuson-Moss Claims Strengthen the Case. Joining a federal warranty claim under the Magnuson-Moss Act provides an independent fee-shifting basis and may permit removal to federal court (U.S. District Court for the District of Rhode Island, Providence). The federal claim does not require exhaustion of state arbitration procedures unless the program is FTC-certified.

Sources and References

• R.I. Gen. Laws Ch. 31-5.2 — Rhode Island Motor Vehicle Lemon Law (full chapter)
• R.I. Gen. Laws § 31-5.2-1 — Definitions
• R.I. Gen. Laws § 31-5.2-2 — Manufacturer's duty; refund or replacement remedies
• R.I. Gen. Laws § 31-5.2-4 — Presumption of reasonable number of repair attempts
• R.I. Gen. Laws § 31-5.2-5 — Informal dispute settlement procedures
• R.I. Gen. Laws § 31-5.2-6 — Attorney fees for prevailing consumer
• Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312
• 16 C.F.R. Part 703 — FTC informal dispute settlement procedures
• Rhode Island Attorney General — Consumer Protection: https://riag.ri.gov/consumer-protection
• Rhode Island Judiciary: https://www.courts.ri.gov

This template is for informational purposes only and does not constitute legal advice. The Rhode Island Lemon Law is subject to amendment by the General Assembly. Verify current statutory text and consult a licensed Rhode Island attorney before use.