Hawaii Lemon Law

Hawaii's lemon law (HRS Chapter 481I) covers new motor vehicles purchased or leased in Hawaii and registered there. The defect must substantially impair use, market value, or safety and occur during the Lemon Law Rights Period: the express warranty term or two years from delivery or 24,000 miles, whichever is earliest. Coverage extends to transferees who receive the vehicle while the warranty is still in effect. Excluded are mopeds, motorcycles, vehicles over 10,000 pounds GVWR, and vehicles used primarily for business purposes. Active-duty military stationed in Hawaii who purchased the vehicle elsewhere may also qualify if the vehicle is registered in Hawaii.

Hawaii's statute presumes a reasonable number of attempts has been made when the same nonconformity has been subject to repair three times, when a defect likely to cause death or serious bodily injury has been subject to repair at least once, or when the vehicle has been out of service for repairs for 30 or more business days cumulatively. After the second written notice of the defect (or once 20 business days out of service have accrued), the dealer is required to notify the manufacturer. Keep all repair orders and any written communications with the dealer.

Hawaii's lemon law generally does not protect used-car buyers. The statute applies only to new vehicles within the Lemon Law Rights Period. The narrow exception is a used vehicle still under the original manufacturer's express warranty during the two-year/24,000-mile window: in that case the new owner steps into the original consumer's shoes as a transferee. For used vehicles outside the original warranty, Hawaii buyers must rely on the federal Magnuson-Moss Warranty Act, Hawaii's UDAP statute (HRS Chapter 480), or any dealer-provided written warranty.

Yes. The statute defines 'lessee' as any consumer who leases a motor vehicle for one year or more under a written lease that requires the lessee to be responsible for repairs. Lessees have the same rights to repurchase or replacement as purchasers, with the refund mechanics adjusted to reimburse capitalized cost reduction, payments made, and lease payoff. The leasing company is required to cooperate in unwinding the lease and accepting the manufacturer's buyback funds.

Yes. Hawaii consumers must first file a demand with the State Certified Arbitration Program (SCAP) administered by the DCCA's Regulated Industries Complaints Office. The consumer pays a $50 filing fee (refunded if you prevail), and the manufacturer pays $200. SCAP arbitration is binding unless either party files a request for trial de novo in circuit court within 30 days of the award. A party who appeals and fails to improve their position by at least 25% must pay the other side's reasonable attorney's fees and trial costs, which deters frivolous appeals on both sides.

You can elect either a comparable replacement vehicle or a refund of the full contract price including charges for undercoating, dealer prep, transportation, installed options, and collateral and incidental charges, less a reasonable offset for use. Hawaii's offset formula uses the mileage at the third repair attempt (or the first attempt for safety defects, or the 30-day mark for the out-of-service trigger), multiplied by the contract price, divided by 120,000. If the manufacturer fails to honor a SCAP award, the consumer can pursue treble damages under HRS Chapter 480's unfair or deceptive practices statute, plus attorney's fees.

Hawaii's lemon law is faster and provides automatic remedies once you meet the repair-attempt or out-of-service presumptions, with mandatory SCAP arbitration as a streamlined first step. Magnuson-Moss is broader, applying to almost any consumer product covered by a written warranty, has a four-year statute of limitations, and requires you to prove the defect breached the warranty rather than rely on a presumption. The two laws can be pursued together: many Hawaii consumers file SCAP for a quick remedy and reserve federal Magnuson-Moss claims for circuit court, especially for used vehicles or older claims that fall outside the lemon law's window.