You are currently viewing our Lemon Law reference page for : Hawaii – Statute §4811-2
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Vehicles Covered:
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New motor vehicles previously untitled, bought
or used primarily for personal, family or household purposes, including
demonstrators and other vehicles sold with a warranty. Excludes mopeds,
motorcycles, motor scooters, and vehicles over 10,000 lbs.
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Persons Covered:
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Purchasers, lessees or transferees during express
warranty period, or any person entitled to enforce the warranty.
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Period Covered:
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Whichever is first: term of express warranty,
within two years from date of delivery, or within 24,000 miles.
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Notice Requirement:
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(a) Manufacturer – written notice of provisions
to the consumer; (b) Consumer – in writing to the manufacturer, its agent,
or its authorized dealer only if manufacturer has provided a written notice
of terms of arbitration board and rights of consumer.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to three or
more repairs, or the vehicle has been out of service for 30 or more business
days.
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Affirmative Defenses:
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The nonconformity does not substantially impair
the use and market value of the vehicle, or is the result of abuse, neglect,
or any unauthorized modification or alteration.
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Replacement/Refund:
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Manufacturers shall replace with a comparable
motor vehicle and refund the full purchase price les a reasonable allowance
(defined).
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Other Reimbursement:
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Refund of the full purchase price including
all collateral charges. Excluding interest.
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Other remedies:
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A violation is an unfair or deceptive act or
practice.
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Arbitration:
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Consumer can use a state funded arbitration
procedure.
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Resale of Lemon:
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Full disclosure required. Must provide one year
or 12,000 mile warranty covering same defect or defects.
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