Current through December 26, 2024
Section 110-RICR-40-00-3.6 - Consumer Procedures and RemediesA. A Purchaser who discovers that he/she has purchased a motor vehicle, from a seller, with an altered mileage/odometer reading must within twenty (20) days of this discover send, by certified mail, a letter to the seller detailing the facts in support of the purchasers allegation of the altered mileage/odometer reading including but not limited to copies of all documents pertinent to the purchasers allegation.B. The Seller shall have thirty (30) days to establish that the mileage reading shown on the motor vehicle title and/or federal odometer statement at the time of the purchase was true and accurate.C. If the truth and accuracy of the mileage reading of the motor vehicle at the time of the transfer of title cannot be verified by the seller within the thirty (30) days of notification:1. The seller shall, within an additional ten (10) days, rescind the sale of the motor vehicle and return to the purchaser the following:a. Total purchase price of the car including any deposits and/or trade-in value included in the original price except as provided in § 3.6(C)(1)(d) of this Part below;b. Any sales tax paid by the purchaser on the motor vehicle;c. The cost of any repairs excluding normal maintenance costs and excluding the cost of any repairs the result of a collision.d. If the purchaser does not discover and notify the seller, in accordance with § 3.6(A) of this Part, of the altered mileage/odometer reading within four (4) months of purchasing the motor vehicle, an amount equal to fifteen cents (15¢) per mile for each mile traveled in the purchased automobile, since the transfer, may be deducted.2. The purchaser shall: a. Return possession of the motor vehicle, in substantially the same condition, with the exception of normal wear and tear, as when the purchaser obtained possession of the motor vehicle from the seller, to the seller simultaneously upon receipt of the amount due as calculated according to § 3.6(C)(1) of this Part above; andb. Simultaneously transfer clear title to the seller (except as provided in § 3.6(C)(2)(c) of this Part below) that title having been clearly and conspicuously stamped, by the Registry of Motor Vehicles, with the words "the mileage/odometer reading cannot be relied upon as the true mileage due to alteration".c. If the automobile was financed and the financial establishment possesses the title, the purchaser and the seller shall work out a mutually agreeable method of transferring possession of the motor vehicle and transferring title, provided however that the seller must be willing to make himself/herself available to accomplish these transfers within the original ten (10) day period according to § 3.6(C)(1) of this Part above.110 R.I. Code R. 110-RICR-40-00-3.6