The Lemon Law in Hawaii

Hawaii's lemon law covers motor vehicles used mainly for personal, family or household purposes, including motorcycles (not motor scooters or mopeds), demonstrators, and certain vehicles also used for business; it does not cover vehicles over 10,000 pounds. The "lemon law rights period" is the manufacturer's warranty term, two years from delivery, or 24,000 miles, whichever comes first. A reasonable number of repair attempts is presumed if, in that period, the same defect was examined or repaired at least three times and still exists, a defect likely to cause death or serious injury was examined or repaired at least once and still exists, or the vehicle was out of service for repairs 30 or more business days. The presumption applies only if the manufacturer received the consumer's written report and a reasonable chance to repair. If the defect cannot be fixed, the manufacturer must provide a replacement vehicle or take it back and refund the full purchase price and collateral and incidental charges, minus a reasonable offset for use.

1) Written notice: the consumer reports the defect in writing to the manufacturer, its agent, distributor or authorized dealer during the lemon law rights period. The dealer must give the buyer, at purchase, a written notice of the state-certified arbitration program that says written notice to the manufacturer is required before a refund or replacement and gives the address to send it to; the consumer is required to notify the manufacturer only if that notice was received. The repair presumption does not apply unless the manufacturer received a written report of the defect and had a reasonable chance to fix it. 2) Final repair attempt: no separate final-repair step is described beyond that chance to repair. 3) Arbitration: the Department of Commerce and Consumer Affairs runs a state-certified arbitration program and may contract with an independent arbitration organization. The consumer pays a $50 filing fee and the manufacturer $200; a final decision for the consumer must include return of the $50. A decision is due within 45 days after the program is invoked. If the consumer agrees to binding arbitration, all parties are bound. If the consumer chooses nonbinding arbitration, either party may demand a new trial in writing within 30 calendar days after the award is served; otherwise the award becomes binding. 4) Deadline: any action under the lemon law section must be started within one year after the lemon law rights period ends.

A dealer may not sell a used motor vehicle to a consumer without a written warranty covering the full cost of parts and labor to repair defects in covered parts (engine, transmission, drive axle, brakes, radiator, steering, and alternator, generator, starter and ignition) that impair safety or use. The minimum warranty is 90 days or 5,000 miles for vehicles with under 25,000 miles; 60 days or 3,000 miles for 25,000 to under 50,000 miles; and 30 days or 1,000 miles for 50,000 to 75,000 miles, whichever comes first.