The Hawaii Lemon Law is designed to protect consumers who purchase or lease new vehicles in the state of Hawaii. This law addresses situations where a new vehicle suffers from a significant defect or nonconformity that affects its use, safety, or market value, and the manufacturer or its authorized agents are unable to repair the issue within a reasonable number of attempts. In such cases, the consumer may be entitled to a replacement vehicle or a refund.
Hawaii Lemon Law eligibility Criteria
To qualify for protection under the Hawaii Lemon Law, a vehicle must meet the following criteria:
- The vehicle must be a new car, van, or truck, purchased or leased in the state of Hawaii.
- The vehicle must be used primarily for personal, family, or household purposes.
- The vehicle must be registered and driven for at least 1,000 miles within the first two years of ownership or the length of the manufacturer’s express warranty, whichever occurs first.
- The vehicle must suffer from a significant defect or nonconformity that is covered under the manufacturer’s express warranty.
HI Lemon Law Time Frame and Repair Attempts
The Hawaii Lemon Law applies when a manufacturer or its authorized agents have been unable to repair a significant defect or nonconformity within a reasonable number of attempts. This is defined as:
- Three or more unsuccessful repair attempts for the same defect or nonconformity.
- One unsuccessful repair attempt for a defect or nonconformity that is likely to cause death or serious injury if the vehicle is driven.
- The vehicle has been out of service due to repair attempts for a cumulative total of 30 or more business days.
In order for the law to apply, the consumer must notify the manufacturer in writing about the defect or nonconformity and provide them with one final opportunity to repair the issue.
Resolution Process
If the manufacturer fails to resolve the problem after the final opportunity, the consumer can request a refund or replacement vehicle. The manufacturer may also offer an informal dispute resolution process, such as arbitration, to resolve the issue. If the consumer is unsatisfied with the outcome of this process, they can still pursue a refund or replacement vehicle through the courts.
Refund Calculation
If the consumer chooses to receive a refund, the manufacturer must reimburse them for the full purchase price, including any finance charges, taxes, and fees. The refund amount may be reduced by a reasonable allowance for the consumer’s use of the vehicle, which is calculated based on the number of miles driven before the first report of the defect or nonconformity.
Replacement Vehicle
If the consumer opts for a replacement vehicle, the manufacturer must provide a new vehicle that is substantially identical to the original vehicle. The consumer may be responsible for any difference in cost between the original and replacement vehicle.