Hawaii’s lemon law covers new cars, trucks and vans, along with used vehicles that are still under the manufacturer’s warranty. The law also applies to leased and demonstrator vehicles. Motorcycles, mopeds, motor scooters, and vehicles that exceed 10,000 pounds gross vehicle weight are exempt from coverage.

In order to qualify as a “lemon” under Hawaii law, a vehicle must meet all of the following conditions:

• A nonconformity that is covered by the manufacturer’s warranty that substantially effects the vehicles use, safety, or market value.
• The nonconformity is naturally occurring and not the result of abuse, unauthorized modification, or neglect.
• The manufacturer was notified by mail of the nonconformity during the warranty period. (not necessary if the manufacturer did not provide a written listing of lemon law rights at the time of purchase.)
• The manufacturer or its authorized representatives were allowed to attempt to repair the nonconformity during the warranty period.
• The State Certified Arbitration Program (SCAP) was notified within one year of the end of the Lemon Law Rights period.

Hawaii defines a “substantial” nonconformity as one which renders the car unfit, unreliable or unsafe for normal use or one which will significantly decrease the value of the automobile. The burden of proof of the existence of such a nonconformity falls upon the vehicle owner.

As with most state laws, the manufacturer is permitted a “reasonable” number of attempts to repair the problem. In Hawaii, this is defined as three or more attempts to repair the problem. The attempts may be limited to one if the problem is one which affects the safety of the vehicle and is likely to cause death or injury if the vehicle is driven normally.

Alternatively, the vehicle may qualify if it is out of service for a cumulative period of 30 days due to unsuccessful attempts to repair the problem.

If you think you have a lemon, you must notify the manufacturer of the problem, but you are NOT required to give them one final attempt to repair the problem. During this period, you must continue to make payments on the vehicle if it is being financed. Failure to pay on the vehicle may void your rights under the lemon law.

The manufacturer does have the right to inspect the vehicle at this time in order to further assess the problem.

At this time you should fill out the Hawaii lemon law forms provided by the state. This will register your case with SCAP. The state will allow you to have an arbitration hearing in order to present your case. You may present witnesses, such as a mechanic, if you feel it is necessary. It is not necessary to have an attorney present. You should have the vehicle with you so that the arbitrator may test drive the vehicle, should he or she feel it is necessary.  

Hawaii has the unusual provision that the vehicle owner may elect for binding arbitration. In this scenario, neither party may appeal the result of the hearing.

The arbitrator may award either a replacement vehicle or a refund, including taxes and licensing fees. In either case, an adjustment may be made for use of the vehicle.

If you are experiencing problems with your car, truck or minivan, you may realize that you need legal assistance. LegalMatch can help locate an experienced attorney in your area. Confidentiality is secure, all lawyers are licensed, and there is no charge to inquire.