Hawaii Lemon Law

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• Definition of a Lemon Vehicle
• Manufacturer’s Obligations
• Reasonable Number of Repair Attempts
• Consumer Rights and Procedures
• Arbitration Program
• Disclosure Requirements for Resold Vehicles
• Time Limit for Legal Action
• Administrative Rules
• Summary
• Request Free Case Evaluation

Definition of a Lemon Vehicle

Under HRS § 481I-3(b), a motor vehicle is considered a lemon if:

• It does not conform to applicable express warranties, and
  
• The defect substantially impairs the use, market value, or safety of the vehicle.

Manufacturer’s Obligations

Under HRS § 481I-3(a):

• If the consumer reports the nonconformity during the lemon law rights period, the manufacturer must repair the defect,
  
• Even if the repairs occur after the warranty period expires.

Under HRS § 481I-3(b), if the manufacturer cannot repair the vehicle after a reasonable number of attempts, the manufacturer must provide either:

Replacement, or

Refund, including:

• The purchase price
  
• Incidental charges
  
• Collateral charges
  
• Minus a reasonable offset for use

Reasonable Number of Repair Attempts

A presumption of reasonable repair attempts arises under HRS § 481I-3(d) if:

1. The same defect has been subject to repair three or more times, and the defect persists.

2. The defect is likely to cause death or serious injury, has been subject to repair at least once, and persists.

The vehicle has been out of service for repair for 30 or more business days during the lemon law rights period.

Consumer Rights and Procedures

Under Ga. Code Ann. § 10-1-784(a)(2):

• If the manufacturer fails to repair the nonconformity after a reasonable number of attempts, the consumer must notify the manufacturer in writing.
• The manufacturer then has 28 days to make a final attempt to correct the defect.

Arbitration Program

Under HRS § 481I-3(i):

• Arbitration must resolve disputes within 45 days of initiation.

• Remedies may include vehicle replacement or refund.

Under HAR § 16-181-26:

• Arbitration decisions are binding unless modified or vacated under Hawaii’s arbitration laws.

Disclosure Requirements for Resold Vehicles

Under Ga. Code Ann. § 10-1-786 and Ga. Comp. R. & Regs. 60-2-1-.15:

• Consumers may apply for arbitration if the manufacturer does not comply with the Lemon Law.

• Arbitration decisions are binding on the manufacturer but not binding on the consumer, who may pursue other remedies.

Consumers must file for arbitration within:

• One year after the expiration of the lemon law rights period, or

• 60 days after the conclusion of a certified informal dispute settlement mechanism,

whichever is later (Ga. Code Ann. § 10-1-786, § 10-1-787).

Time Limit for Legal Action

Under HRS § 481I-3(j):

• Legal action must be initiated within one year following the expiration of the lemon law rights period.

Administrative Rules

Hawaii’s administrative rules provide additional structure for:

• Filing complaints (HAR § 16-181-2)

• Arbitration procedures (HAR § 16-181-9)

• Manufacturer responsibilities (HAR § 16-181-14)

These rules support and clarify the statutory framework of HRS Chapter 481I.

Summary

Hawaii’s lemon law framework includes:

• A statutory definition of a lemon vehicle

• Mandatory manufacturer repair obligations

• Presumptions for repair attempts and days out of service

• A state-certified arbitration program with strict timelines

• Disclosure requirements for returned vehicles

• A one-year time limit for legal action

• Detailed administrative rules governing processes and procedures

If you believe your vehicle may qualify as a lemon under Hawaii law, contact Auto Lemon Lawyer today for guidance.