Key takeaways
- Protection period: the term of the manufacturer's express warranty, two years after original delivery, or the first 24,000 miles, whichever occurs first.
- Repair attempts: the same nonconformity subject to examination or repair at least 3 times during the lemon law rights period and it continues to exist.
- Days out of service: out of service for repair a cumulative total of 30 or more business days during the lemon law rights period.
- Deadline: any action must be started within one year after the lemon law rights period expires.
- The law is Haw. Rev. Stat. §§ 481I-1 to 481I-4. Read it with your repair orders and your warranty in front of you.
On this page
Hawaii's lemon law is Haw. Rev. Stat. §§ 481I-1 to 481I-4, the Hawaii Motor Vehicle Express Warranty Enforcement (Lemon Law), HRS Chapter 481I. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Hawaii lemon law at a glance
| Statute | Haw. Rev. Stat. §§ 481I-1 to 481I-4 |
|---|---|
| Official name | Hawaii Motor Vehicle Express Warranty Enforcement (Lemon Law), HRS Chapter 481I |
| Vehicles covered | Self-propelled vehicles designed mainly for public roads and used mainly for personal, family, or household purposes. Includes motorcycles (not motor scooters), demonstrators, and some vehicles with mixed business and personal use. Excludes mopeds, motor scooters and vehicles over 10,000 pounds GVWR. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | 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. |
| Repair attempts | The same nonconformity subject to examination or repair at least 3 times during the lemon law rights period and it continues to exist. |
| Serious safety defects | A nonconformity likely to cause death or serious bodily injury, subject to examination or repair at least once during the rights period, that continues. |
| Days out of service | Out of service for repair a cumulative total of 30 or more business days during the lemon law rights period. |
| Notice to the manufacturer | The consumer must report the nonconformity in writing during the rights period. The presumptions apply only after the manufacturer receives a written report and has a reasonable opportunity to repair. Written notice to the manufacturer is required only if the consumer received the state-approved notice of rights and arbitration terms at purchase. |
| Dispute programs | The Department of Commerce and Consumer Affairs runs a state certified arbitration program. Use is the consumer's choice under the statute; decisions are due within 45 days. In nonbinding arbitration, either party may demand a trial de novo within 30 calendar days after service of the award. |
| Deadline to bring a claim | Any action must be started within one year after the lemon law rights period expires. |
| Remedies | A replacement vehicle, or a refund of the full purchase price plus collateral and incidental charges, less a reasonable offset for use. The offset is 1 percent of the purchase price per 1,000 miles, counted up to the third repair attempt, the first repair of a safety defect, or the 30th business day out of service, whichever is first. |
| Attorney's fees | The prevailing party in a state certified arbitration decision may be allowed reasonable attorney's fees. If a party demands a trial de novo and does not improve its position by at least 25 percent, it pays the other side's reasonable costs and attorney's fees. |
| Used vehicles | A person to whom the vehicle is transferred during the express warranty is a 'consumer'. No separate used-car lemon law is in this chapter. |
Does your vehicle qualify in Hawaii?
The law covers self-propelled vehicles designed mainly for public roads and used mainly for personal, family, or household purposes. Includes motorcycles (not motor scooters), demonstrators, and some vehicles with mixed business and personal use. Excludes mopeds, motor scooters and vehicles over 10,000 pounds GVWR. The protection period is the term of the manufacturer's express warranty, two years after original delivery, or the first 24,000 miles, whichever occurs first. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to examination or repair at least 3 times during the lemon law rights period and it continues to exist.
- Serious safety defect: A nonconformity likely to cause death or serious bodily injury, subject to examination or repair at least once during the rights period, that continues.
- Days out of service: Out of service for repair a cumulative total of 30 or more business days during the lemon law rights period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The consumer must report the nonconformity in writing during the rights period. The presumptions apply only after the manufacturer receives a written report and has a reasonable opportunity to repair. Written notice to the manufacturer is required only if the consumer received the state-approved notice of rights and arbitration terms at purchase.
The Department of Commerce and Consumer Affairs runs a state certified arbitration program. Use is the consumer's choice under the statute; decisions are due within 45 days. In nonbinding arbitration, either party may demand a trial de novo within 30 calendar days after service of the award.
Deadline: Any action must be started within one year after the lemon law rights period expires.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
A replacement vehicle, or a refund of the full purchase price plus collateral and incidental charges, less a reasonable offset for use. The offset is 1 percent of the purchase price per 1,000 miles, counted up to the third repair attempt, the first repair of a safety defect, or the 30th business day out of service, whichever is first. The prevailing party in a state certified arbitration decision may be allowed reasonable attorney's fees. If a party demands a trial de novo and does not improve its position by at least 25 percent, it pays the other side's reasonable costs and attorney's fees. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Hawaii's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Hawaii vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Hawaii?
Under Haw. Rev. Stat. §§ 481I-1 to 481I-4, the presumption is met when the same nonconformity subject to examination or repair at least 3 times during the lemon law rights period and it continues to exist. A defect likely to cause death or serious injury has its own test: A nonconformity likely to cause death or serious bodily injury, subject to examination or repair at least once during the rights period, that continues. The law also counts time in the shop: out of service for repair a cumulative total of 30 or more business days during the lemon law rights period.
How long do I have to file a lemon law claim in Hawaii?
Any action must be started within one year after the lemon law rights period expires. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Hawaii lemon law cover used cars?
A person to whom the vehicle is transferred during the express warranty is a 'consumer'. No separate used-car lemon law is in this chapter. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Hawaii lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Hawaii?
The consumer must report the nonconformity in writing during the rights period. The presumptions apply only after the manufacturer receives a written report and has a reasonable opportunity to repair. Written notice to the manufacturer is required only if the consumer received the state-approved notice of rights and arbitration terms at purchase. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Hawaii?
The Department of Commerce and Consumer Affairs runs a state certified arbitration program. Use is the consumer's choice under the statute; decisions are due within 45 days. In nonbinding arbitration, either party may demand a trial de novo within 30 calendar days after service of the award.
Can I recover attorney's fees under the Hawaii lemon law?
The prevailing party in a state certified arbitration decision may be allowed reasonable attorney's fees. If a party demands a trial de novo and does not improve its position by at least 25 percent, it pays the other side's reasonable costs and attorney's fees. We explain exactly how fees work in your case before you sign anything.