Lemon Law for Used Cars in Rhode Island

If you have purchased a used car that has fewer than 15,000 miles on the odometer and that has problems within the first year after delivery to the vehicle's original owner, your vehicle is most likely covered under Rhode Island's new car Lemon Law.

Otherwise, Rhode Island's used car Lemon Law applies only to passenger vehicles purchased from dealers. It requires the dealer to provide you with a written warranty with the following minimum requirements: if the vehicle has 36,000 miles or less on the odometer, the warranty must cover 60 days or 3,000 miles, whichever comes first. If the vehicle has 36,001 to 100,000 miles on the odometer, the warranty must cover 30 days or 1,000 miles, whichever comes first.

The warranty must cover:

• Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and flywheel
• Transmission: transmission case, internal parts, and torque converter
• Drive axle: front and rear drive axle housings and internal parts, axle shafts, propeller shafts, and universal joints
• Brakes: master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers
• Steering: steering gear housing and all internal parts, power steering pump, valve body, piston, and rack
• Alternator, generator, starter, and ignition system, excluding the battery

A used car is considered to be a lemon if the dealer cannot repair a defect after three attempts, or if the vehicle has been out of service for 15 days during the warranty period. When that happens, the dealer is required to refund the full purchase price (including taxes) and return your trade-in, or also refund the wholesale value of your trade-in as determined by the National Auto Dealers' Association Used Car Guide.

If the dealer refuses to take back the lemon, and has established an informal dispute process, you must participate in the arbitration program prior to filing a lawsuit. If you do file a lawsuit and win, you are entitled to receive attorneys fees. According to the law, you must file a suit within four years of the delivery date of the used vehicle.

Even if your used vehicle isn't covered by Rhode Island's used car Lemon Law, there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim.

Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Rhode Island's version of the Uniform Commercial Code may provide you with relief. Finally, the Truth in Lending Act and the Federal Odometer Act might also be valuable in obtaining lemon justice.