Hawaii Lemon Law: Do You Qualify?

Hawaii lemon law at a glance

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The "lemon law rights period": the term of the manufacturer's express warranty, two years after original delivery, or the first 24,000 miles, whichever occurs first. It is extended for any time repair services are unavailable because of a war, invasion, strike, fire, flood or other natural disaster.

Repair attempts

Presumption after at least 3 examinations or repairs of the same defect that still exists, or at least 1 for a defect likely to cause death or serious bodily injury if the vehicle is driven.

Days out of service

A cumulative total of 30 or more business days during the rights period, meaning days when the service departments of the manufacturer's authorized dealers are normally open.

Written notice

The presumption does not apply until the manufacturer has a written report of the defect from you and a reasonable opportunity to repair. You must notify the manufacturer only if the dealer gave you its written arbitration-program notice when you bought the vehicle. The statute speaks of a report made "during the term of the lemon law rights period".

What counts as a defect

A "nonconformity": a defect, malfunction or condition that fails to conform to the express warranty and substantially impairs the use, market value or safety of the vehicle. It does not include one that results from an accident, abuse, neglect, modification or alteration by persons other than the manufacturer or its dealer. Abuse, neglect or unauthorized modification by the consumer is also an affirmative defense.

Repairs and records

If you report a nonconformity in writing during the rights period, the manufacturer must make the repairs even after the period ends. Each time the vehicle comes back you are to receive a fully itemized repair order, and on request a copy of any diagnosis report and technical service bulletin on the problem.

Returned vehicles

A vehicle returned under the chapter may be resold or leased only with a signed, capitalized disclosure of the defect, the defect corrected, and a written one-year or 12,000-mile warranty against its reappearance.

Used vehicles and leases

No separate used-vehicle law. A later owner is covered if the vehicle was transferred during the express warranty. A lessee is covered under a written lease of one year or more that makes the lessee responsible for repairs, or under a lease-purchase agreement.

State program and deadline

The state certified arbitration program, run by the Department of Commerce and Consumer Affairs, is not required before suit; you choose binding or nonbinding arbitration. A decision is due within 45 days after the procedure is invoked. If you agree to be bound, all parties are bound; after nonbinding arbitration either party may demand a trial within 30 calendar days of the award, and a demanding party that does not improve by 25 percent pays the costs of trial and attorney's fees. The consumer's filing fee is $50. A court action must be initiated within one year following the end of the rights period; the DCCA gives the same year for asking for arbitration.

Hawaii lemon law: frequently asked questions

How many repair attempts does the Hawaii lemon law require?

A reasonable number of attempts is presumed after at least three examinations or repairs of the same defect that still exists, or after at least one for a defect likely to cause death or serious bodily injury if the vehicle is driven, or after a cumulative total of thirty or more business days out of service, all during the lemon law rights period.

How long do I have to sue or ask for arbitration in Hawaii?

A court action must be initiated within one year following expiration of the lemon law rights period. The statute states no deadline for an arbitration demand, but the DCCA says the consumer has one year after the rights period ends to file for arbitration. That is agency guidance, not statutory text.

Do I have to use the state arbitration program before suing?

No. Nothing in the statute or rules makes it a precondition, and the DCCA says there is no prior resort requirement in the law. If you use it, you elect binding or nonbinding arbitration. If you agree to be bound, all parties are bound. After nonbinding arbitration either party may demand a trial within thirty calendar days after service of the award.

Does Hawaii cover used vehicles, leases or business vehicles?

There is no separate used-vehicle law, but a later owner is covered if the vehicle was transferred during the express warranty, and a lessee is covered under the lease terms above. A lessee under a shorter lease is not within the definition of "lessee". The act covers vehicles used primarily for personal, family or household purposes, an individually registered vehicle also used for business, and a business vehicle only if the business has purchased or leased no more than one vehicle per year. It excludes mopeds, motor scooters and vehicles over 10,000 pounds gross vehicle weight rating.

What can I recover if my vehicle qualifies in Hawaii?

The manufacturer must provide a replacement vehicle or accept the vehicle back and refund the full purchase price and all collateral and incidental charges, less a reasonable offset for use: one percent of the purchase price for every thousand miles up to the earliest of the third repair attempt, the first repair of a serious safety defect, or the thirtieth business day out of service. An offset may also be made for damage not attributable to normal wear and tear and unrelated to the defect. A later purchaser's purchase price may not exceed the original purchaser's. The act states no penalty or multiplier of its own.

Statutes cited on this page

• HRS § 481I-2 (definition of "lemon law rights period": the term of the express warranty, two years from original delivery, or the first 24,000 miles, whichever occurs first)
• HRS § 481I-3(d) (presumption of a reasonable number of attempts: three repairs, one safety repair, or thirty business days; written report and opportunity to repair)
• HRS § 481I-2 (definition of "consumer": includes a person to whom the vehicle is transferred during the express warranty)
• HRS § 481I-3(j) (action must be initiated within one year following expiration of the lemon law rights period)
• HRS § 481I-4(a) (the DCCA establishes and monitors a state certified arbitration program)
• HRS § 481I-2 (definition of "reasonable offset": one per cent of the purchase price for every thousand miles of use)
• HRS § 481I-2 (definition of "nonconformity": a warranty defect that substantially impairs the use, market value, or safety of the vehicle, not one resulting from accident, abuse, neglect, modification or alteration by others)
• HRS § 481I-3(c) (affirmative defense: the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations by a consumer)
• HRS § 481I-3(h) (the consumer must notify the manufacturer only if given the written arbitration-program notice described in subsection (g))
• HRS § 481I-3(a) (duty to repair a nonconformity reported in writing during the lemon law rights period)
• HRS § 481I-4(c), (d) (parties bound if the consumer elects to be bound; trial de novo within thirty calendar days after nonbinding arbitration; costs and fees if the demanding party does not improve by 25 per cent)
• HRS § 481I-2 (definition of "purchase price": the cash price paid, including a trade-in allowance; a later purchaser's price may not exceed the original purchaser's)
• HAR § 16-181-31 (lease refund: down payment, deposit, cash at signing, lease payments, collateral and incidental charges, less one per cent of the lease price per thousand miles)
• HRS § 481I-3(k) (a returned vehicle may be resold only with a signed defect disclosure, the defect corrected, and a one-year or 12,000-mile written warranty)
• HRS § 481I-3(b) (manufacturer must provide a replacement vehicle or accept return and refund the full purchase price and all collateral and incidental charges, less a reasonable offset for use)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.