Section 31-5.2-1. – Definitions.

§ 31-5.2-1. Definitions. The following words and phrases, for the purposes of this chapter, have the following meanings: (1) “Consumer” means a buyer, other than for purposes of resale, of a motor vehicle, any person to whom that motor vehicle is transferred for the same purposes during the duration of any express or implied warranty […]

Section 31-5.2-10. – Cause of action.

§ 31-5.2-10. Cause of action. An aggrieved consumer or lessee may bring an action under the Rules of Civil Procedure in the superior court to enforce the provisions of this chapter. History of Section.P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

Section 31-5.2-11. – Attorney’s fees.

§ 31-5.2-11. Attorney’s fees. The court hearing a complaint brought by a consumer or lessee aggrieved by a violation of this chapter shall award reasonable attorney’s fees to a prevailing plaintiff. History of Section.P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

Section 31-5.2-12. – Commencement of action.

§ 31-5.2-12. Commencement of action. Any action brought pursuant to this chapter shall be commenced within three (3) years of the date of original delivery of the motor vehicle to the consumer or lessee or within two (2) years of the date on which the mileage on the motor vehicle reached fifteen thousand (15,000) miles, […]

Section 31-5.2-13. – Deceptive trade practice.

§ 31-5.2-13. Deceptive trade practice. A manufacturer’s failure to comply with any of the provisions of this chapter shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions […]

Section 31-5.2-14. – Consumers’ council automobile dispute settlement panel — Motor vehicle arbitration board.

§ 31-5.2-14. Consumers’ council automobile dispute settlement panel — Motor vehicle arbitration board. Whenever the term “consumer’s council automobile dispute settlement panel,” for the purpose of providing an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufactures concerning motor vehicles which do not conform to all applicable express or implied […]

Section 31-5.2-2. – Manufacturers’ obligation to fulfill warranties.

§ 31-5.2-2. Manufacturers’ obligation to fulfill warranties. If a motor vehicle does not conform to any applicable express or implied warranties, including, but not limited to, the implied warranty of merchantability as defined in § 6A-2-314 and the implied warranty of fitness for a particular purpose as defined in § 6A-2-315, and the consumer or […]

Section 31-5.2-3. – Replacement of nonconforming vehicle.

§ 31-5.2-3. Replacement of nonconforming vehicle. (a)(1) If the manufacturer, its agent, or its authorized dealer or lessor does not conform the motor vehicle to any applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer or lessee and, […]

Section 31-5.2-4. – Affirmative defenses.

§ 31-5.2-4. Affirmative defenses. It shall be an affirmative defense to any claim under this section: (1) That an alleged nonconformity does not substantially impair the use, market value, or safety of the vehicle; or (2) That a nonconformity is the result of abuse, neglect, or unauthorized substantial modification or alteration of the vehicle by […]

Section 31-5.2-5. – Time allowed for correction of nonconformity.

§ 31-5.2-5. Time allowed for correction of nonconformity. (a) A reasonable number of attempts shall be presumed to have been undertaken to conform a motor vehicle to any applicable express or implied warranties if: (1) The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or […]

Section 31-5.2-6. – Rights and remedies cumulative.

§ 31-5.2-6. Rights and remedies cumulative. Nothing in this chapter shall be construed to limit the rights or remedies which are otherwise available to a consumer or lessee under law. History of Section.P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

Section 31-5.2-7. – Informal dispute settlement procedures.

§ 31-5.2-7. Informal dispute settlement procedures. If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703, or which has been approved by the federal trade commission or by the attorney general of this state, the provisions of § 31-5.2-3 concerning refunds or […]

Section 31-5.2-7.1. – Procedure.

§ 31-5.2-7.1. Procedure. (a) In addition to any settlement procedure provided for in § 31-5.2-7, the department of the attorney general shall provide an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufacturers concerning motor vehicles which do not conform to all applicable express or implied warranties. There shall be […]

Section 31-5.2-8. – Waiver of rights prohibited.

§ 31-5.2-8. Waiver of rights prohibited. Any agreement entered into by a consumer or lessee for the purchase or lease of a new motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the […]

Section 31-5.2-9. – Disclosure of nonconformity prior to resale.

§ 31-5.2-9. Disclosure of nonconformity prior to resale. No motor vehicle that is returned to the manufacturer under the provisions of this chapter shall be resold or re-leased in the state without clear and conspicuous written disclosure to the prospective purchaser or lessee prior to resale of the fact that it was so returned due […]