Lemon Law Demand Letter — Rhode Island

RHODE ISLAND LEMON LAW DEMAND

R.I. Gen. Laws Chapter 31-5.2

Delivery method: [________________________________]
Tracking or confirmation number: [________________________________]

Date: [__/__/____]

To:

[MANUFACTURER LEGAL NAME]
Attn: [CUSTOMER RELATIONS / WARRANTY DEPARTMENT / REGISTERED AGENT]
[ADDRESS]
[CITY, STATE ZIP]

Copy to: [AUTHORIZED DEALER, LESSOR, OR REPAIR FACILITY]

From:

[CONSUMER, LESSEE, OR COUNSEL NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Re:

Dear [MANUFACTURER REPRESENTATIVE]:

This letter gives actual notice that the sender contends the repair-attempt or out-of-service limit in R.I. Gen. Laws § 31-5.2-5(a) has been met or exceeded. The statute affords the manufacturer one additional opportunity, not exceeding seven calendar days, beginning when the manufacturer first knows or should know that a limit has been met or exceeded.

This letter also requests the refund or replacement remedy in R.I. Gen. Laws § 31-5.2-3 and identifies the dispute procedure selected under §§ 31-5.2-7 and 31-5.2-7.1. It does not assert a separate fixed pre-suit mailing deadline.

I. ELIGIBILITY AND TERM OF PROTECTION

Consumer or lessee — R.I. Gen. Laws § 31-5.2-1

☐ Buyer other than for resale.

☐ Qualifying transferee during an applicable express or implied warranty.

☐ Other person entitled by the warranty to enforce its obligations.

☐ Lessee under a written lease of at least one year that makes the lessee responsible for repairs.

☐ Lessee under a lease-purchase agreement.

Motor vehicle

☐ Automobile, truck, motorcycle, or van.

☐ Registered gross vehicle weight under 10,000 pounds.

☐ Sold, leased, or replaced by a dealer or manufacturer.

☐ Not a motorized camper.

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

Term of protection

The term is the earlier of one year or 15,000 miles of use from original delivery, or from delivery of a statutory replacement vehicle.

II. NONCONFORMITY AND REPORT

A nonconformity under § 31-5.2-1(9) may be a specific or generic defect or malfunction, or a concurrent combination, that substantially impairs use, market value, or safety.

The sender reported each claimed nonconformity to the manufacturer, its agent, authorized dealer, or lessor during the term of protection. Section 31-5.2-2 requires the repairs necessary to conform the vehicle to an applicable express or implied warranty even if a repair occurs after the term ends.

III. REPAIR HISTORY

Same-nonconformity repair attempts: [____]
Cumulative calendar days out of service: [____]

IV. PRESUMPTION AND ADDITIONAL CURE — § 31-5.2-5

The sender relies on:

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

☐ Out-of-service route: The vehicle was out of service by reason of repair of any nonconformity for at least 30 cumulative calendar days during the term.

The manufacturer first knew or should have known that a limit was met or exceeded on [__/__/____] because [________________________________].

The vehicle is available for the one additional opportunity to cure as follows:

Available dates: [________________________________]
Available location: [________________________________]
Scheduling contact: [________________________________]

The additional opportunity may not exceed seven calendar days. It begins when the manufacturer first knows or should know that a limit has been met or exceeded; it is not converted into a new seven-day period merely by the date selected for this letter.

Extension facts, if claimed

The term, 30-day period, and additional cure opportunity may be extended for repair unavailability directly caused by war, invasion, fire, flood, other natural disaster, or strike. During a strike, the manufacturer, agent, dealer, or lessor must provide free use of a vehicle of comparable year and size. The manufacturer bears the burden to prove direct causation, and concurrent-event extensions are not cumulative.

V. SELECTED DISPUTE PROCEDURE — §§ 31-5.2-7 AND 31-5.2-7.1

Select one route:

☐ Attorney General motor vehicle arbitration board: The sender has filed or will file the Attorney General's prescribed complaint and $20 consumer filing fee under § 31-5.2-7.1.

☐ Manufacturer procedure: The manufacturer established [PROGRAM], it complies with § 31-5.2-7, and clear and conspicuous written notice was provided at vehicle delivery. The sender first resorted to it on [__/__/____].

☐ No qualifying manufacturer notice or procedure: The sender contends the manufacturer-procedure condition does not apply because [________________________________] and selects the Attorney General procedure or other available route.

A manufacturer-procedure decision binds the manufacturer only if the consumer or lessee accepts it. If accepted, the manufacturer must perform within a reasonable time not exceeding 30 calendar days. The consumer or lessee remains able to seek Chapter 31-5.2 rights and remedies.

The applicable limitation period is tolled from initiation of a dispute procedure until 30 days after the final decision.

VI. SELECTED REMEDY — § 31-5.2-3

After a reasonable number of attempts, the manufacturer must accept return and, at the consumer's or lessee's option:

☐ Refund the full contract price or lease price, including trade-in credits and allowances, less the statutory reasonable allowance for use.

☐ Replace the vehicle with a comparable new motor vehicle in good working order.

The sender elects: [REFUND / REPLACEMENT].

Refund and reimbursement worksheet

Refunds are allocated among the consumer or lessee, any lessor, and any lienholder as their interests appear. For a lease, apply § 31-5.2-3(b)'s lessee-cost, lease-price, termination, and no-early-termination-penalty rules.

Reasonable allowance for use

Total contract price or lessee cost × [(miles before first report + later miles traveled while not out of service for repair) ÷ 100,000]

If replacement is selected, the manufacturer has 30 calendar days after return to deliver a comparable vehicle. If it does not, the refund is required. Replacement also carries the registration-transfer, sales-tax, and manufacturer-financing protections in § 31-5.2-3(a)(3).

The consumer or lessee may retain use after return until a full refund or acceptable replacement is tendered, with that use reflected in the allowance.

VII. ACTION, FEES, AND DEADLINE

R.I. Gen. Laws § 31-5.2-10 authorizes an aggrieved consumer or lessee to sue in Superior Court. Section 31-5.2-11 requires reasonable attorney fees for a prevailing plaintiff.

Section 31-5.2-12 requires an action within the earlier of:

• Three years after original delivery; or
• Two years after the date the vehicle reached 15,000 miles.

VIII. REQUESTED RESPONSE

Please respond in writing by [__/__/____] and:

1. Confirm the manufacturer's knowledge date for § 31-5.2-5(b);
2. Schedule and complete any remaining additional cure opportunity within the statutory maximum;
3. Confirm the selected dispute procedure and provide all governing materials; and
4. Accept the sender's remedy election or state the factual and legal basis for denial.

The requested response date is a voluntary settlement date and does not alter the statutory knowledge trigger, cure maximum, arbitration periods, or filing deadline.

Sincerely,

[NAME]
[LAW FIRM, IF ANY]
[RHODE ISLAND BAR NUMBER, IF ANY]
[ADDRESS]
[PHONE]
[EMAIL]

ENCLOSURES

☐ Purchase or lease documents
☐ Warranty
☐ Repair orders and invoices
☐ Prior reports and correspondence
☐ Towing and comparable-rental receipts
☐ Dispute procedure notice, filing, and decision
☐ Other: [________________________________]

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