Hawaii Lemon Law for New Vehicles

The Hawaii Lemon Law for Motor Vehicles sets a guideline for the circumstances in which a purchaser or lessee of a motor vehicle, including motorcycles but not mopeds or scooters, with a gross vehicle weight rating (GVWR) of less than ten thousand (10,000) pounds (lb.). The Hawaii Department of commerce and Consumer Affairs’ Regulated Industries Complaints Office will provide arbitration via the State Certified Arbitration Program.

Vehicles Covered
The Hawaii Lemon Law applies to Motor Vehicles with a GVWR of less than ten thousand (10,000) pounds (lb.) for a period of two (2) years (from the date of delivery) or twenty four thousand (24,000) miles provided:

  • It is a leased new vehicle.
  • It is a purchased new vehicle.
  • The malfunction or defect manifested during the lemon law period.
  • The vehicle is used primarily for home or personal use.
  • The vehicle is used for business and home/personal use.
  • The vehicle is purchased by a business and is also used for home/personal use.
  • The vehicle has been bought, leased, or originally registered in Hawaii.

Lemon Law Requirements
The Hawaii Lemon Law for Motor Vehicles applies if:

  • The malfunction of defect is specifically covered by the warranty.
  • The malfunction or defect significantly affects the use, safety, and value of the vehicle.
  • The malfunction or defect is the direct result of a dealer or manufacturer’s actions.
  • The owner has attempted to get the malfunction or defect repaired by a manufacturer’s authorized dealer, sent written notification to the manufacturer during the Lemon Law Period, and has given ample opportunity for the Manufacturer to repair the issue.
  • The malfunction or defect has not been repaired within three attempts.
  • The total number of business days the car has been unavailable for repair or inspection is greater than thirty days.

How to File for a Lemon Law Arbitration
1. Retain all relevant documents concerning the purchase (i.e. Vehicle Bill of Sale, Manufacturer’s Certificate, Any paperwork regarding inspections or tests required by the state).

2. Document all indications of the defect’s existence (dates, times, vehicle performance).

3. Contact the Manufacturer and seek a resolution to the problem in the form of having the defect repaired. It is suggested to do this via a certified letter with a return receipt requested.

4. The manufacturer must be allowed a reasonable amount of time to address the problem. Document any repairs made in an attempt to repair the defect and any repairs necessary as a result of the defect.

5. A request for Arbitration must be filed no later than one year after the Lemon Law Period Expires.

6. If arbitration has not resulted in a positive outcome one may engage in a civil suit.

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