Hawaii's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Hawaii (Hawaii Revised Statutes, chapter 481I). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New and demonstrator vehicles, including motorcycles (not mopeds or scooters), bought or leased for personal, family or household use, with defects that substantially impair use, market value or safety. It also protects anyone who gets the car while the warranty is still running.

Rights period: Whichever comes first: the manufacturer's warranty term, 2 years from original delivery, or the first 24,000 miles (the "Lemon Law rights period").

When it is presumed a lemon

Three or more unsuccessful repair attempts for the same defect; or one attempt if the defect can cause death or serious injury; or 30 or more cumulative business days out of service. The manufacturer must have received written notice and a chance to repair it.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Notify the manufacturer in writing during the rights period. Then you can request arbitration through the state program (SCAP, run by the DCCA's RICO office), which decides within 45 days. The case must be started within 1 year after the period ends; a court lawsuit also has 1 year.

Who handles it: Hawaii DCCA — Regulated Industries Complaints Office, State Arbitration Program (SCAP).

Hotline: 1-844-808-3222 · 808-586-2660 (SCAP).

What you get if you win

Replacement or refund of the full price, including collateral and incidental charges, minus a reasonable offset for use that the law sets at 1% of the purchase price for every thousand miles you drove (§ 481I-2). On a replacement, the manufacturer pays the GET and the license and registration fees.

What it does not cover

Mopeds and motor scooters; vehicles over 10,000 pounds gross vehicle weight rating; purchases for resale; and defects caused by accident, abuse, neglect, or a modification or alteration by anyone other than the manufacturer, its agent, its distributor or an authorized dealer.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Hawaii: Hawaii has a used-car warranty law for dealer sales (chapter 481J): if the car is less than 5 years old, costs more than $1,500 and has between 12,000 and 75,000 miles, it must be sold with a written warranty of 90 days or 5,000 miles (under 25,000 miles), 60 days or 3,000 miles (25,000 to 49,000) or 30 days or 1,000 miles (50,000 to 74,999). The dealer must disclose in writing any material mechanical defects it knows about. Complaints to RICO: 1-844-808-3222.