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Lemon law in Hawaii
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Hawaii Lemon Law (State Certified Arbitration Program), Haw. Rev. Stat. ch. 481I (§§ 481I-1 to 481I-4); used vehicles: Haw. Rev. Stat. ch. 481J. A new vehicle is presumed a lemon in Hawaii when, during the protection period, the same defect was repaired 3 or more times without a fix, or a defect that could cause death or serious injury was repaired 1 or more times, or it was out of service for repairs 30 or more days in total. The protection period is 24 months or 24,000 miles after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered only in some cases.
At a glance
| Protection period | 24 months or 24,000 miles |
|---|---|
| Repair attempts, same defect | 3 |
| Attempts, serious safety defect | 1 |
| Days out of service | 30 |
| Used vehicles | Some |
| Leased vehicles | Covered |
| State arbitration program | Yes |
| Time limit to file | Within 1 year after the lemon law rights period ends |
Who qualifies
Which vehicles
Cars, trucks, and motorcycles used mainly for personal, family, or household purposes, including demonstrators and some vehicles also used for business. Mopeds, motor scooters, and vehicles over 10,000 pounds GVWR are not covered.
“(3) Shall not include mopeds or motor scooters, as those terms are defined in chapter 286, or vehicles over ten thousand pounds, gross vehicle weight rating.”
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Repair attempts
The same defect has been examined or repaired at least 3 times during the rights period and still exists.
“(1) The same nonconformity has been subject to examination or repair at least three times by the manufacturer, its agents, distributors, or authorized dealers, but such nonconformity continues to exist;”
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Serious safety defects
A defect likely to cause death or serious bodily injury that has been examined or repaired at least once and still exists.
“(2) The nonconformity has been subject to examination or repair at least once by the manufacturer, its agents, distributors, or authorized dealers, but continues to be a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven;”
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Days out of service
The vehicle is out of service for repairs for a total of 30 or more business days during the rights period.
“for one or more nonconformities for a cumulative total of thirty or more business days during the lemon law rights period.”
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Used vehicles
Limited. A later owner who gets the vehicle while the express warranty is in effect counts as a consumer, but only within the rights period. Used cars sold by dealers have a separate warranty law, HRS chapter 481J.
“"Used motor vehicle" means a motor vehicle as that term is defined in section 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first.”
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Leased vehicles
Yes. A lessee of a motor vehicle counts as a consumer under this law.
“"Consumer" means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle,”
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Deadlines
Protection period
The manufacturer's warranty term, 2 years after delivery, or the first 24,000 miles, whichever comes first.
“"Lemon law rights period" means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first.”
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Time limit to file
Any action under this law must be started within 1 year after the lemon law rights period ends.
“(j) Any action brought under this section must be initiated within one year following expiration of the lemon law rights period.”
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Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. The manufacturer's warranty term, 2 years after delivery, or the first 24,000 miles, whichever comes first. Any action under this law must be started within 1 year after the lemon law rights period ends.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
The presumptions apply only if the manufacturer received a written report of the defect from you and had a reasonable chance to repair it.
“The presumptions provided in this subsection shall not apply unless the manufacturer has received a written report of the nonconformity from the consumer and has had a reasonable opportunity to repair the nonconformity alleged.”
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Arbitration
The state runs a State Certified Arbitration Program through the DCCA Regulated Industries Complaints Office. You choose binding or nonbinding arbitration, and the consumer filing fee is $50, returned if you win.
“(a) The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with Title 16, Code of Federal Regulations, part 703, as may be modified by this section, and shall adopt appropriate rules governing its operation.”
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What you get
A replacement vehicle, or a refund of the full purchase price plus collateral and incidental charges, minus a reasonable offset for use (1 percent of the price per 1,000 miles).
“the full purchase price including but not limited to charges for undercoating, dealer preparation, transportation, installed options, and all collateral and incidental charges, and less a reasonable offset for the consumer's use of the motor vehicle.”
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Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (Hawaii Department of Commerce and Consumer Affairs, Regulated Industries Complaints Office (RICO), State Certified Arbitration Program), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for Hawaii
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in Hawaii. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Hawaii Lemon Law (State Certified Arbitration Program) (Haw. Rev. Stat. ch. 481I (§§ 481I-1 to 481I-4); used vehicles: Haw. Rev. Stat. ch. 481J), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in Hawaii
The refund is reduced for your use of the car: the price times the miles driven, divided by 100,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $6,000.
Questions people ask about Hawaii's lemon law
How many repair attempts make a car a lemon in Hawaii?
The same defect has been examined or repaired at least 3 times during the rights period and still exists.
What if the defect could cause a crash or an injury?
A defect likely to cause death or serious bodily injury that has been examined or repaired at least once and still exists.
How many days in the shop make a car a lemon in Hawaii?
The vehicle is out of service for repairs for a total of 30 or more business days during the rights period.
How long does Hawaii's lemon law cover a car?
The manufacturer's warranty term, 2 years after delivery, or the first 24,000 miles, whichever comes first.
Which vehicles does Hawaii's lemon law cover?
Cars, trucks, and motorcycles used mainly for personal, family, or household purposes, including demonstrators and some vehicles also used for business. Mopeds, motor scooters, and vehicles over 10,000 pounds GVWR are not covered.
Does Hawaii's lemon law cover used cars?
Limited. A later owner who gets the vehicle while the express warranty is in effect counts as a consumer, but only within the rights period. Used cars sold by dealers have a separate warranty law, HRS chapter 481J.
Does Hawaii's lemon law cover leased cars?
Yes. A lessee of a motor vehicle counts as a consumer under this law.
Do I have to tell the manufacturer in writing?
The presumptions apply only if the manufacturer received a written report of the defect from you and had a reasonable chance to repair it.
Do I have to go to arbitration before court?
The state runs a State Certified Arbitration Program through the DCCA Regulated Industries Complaints Office. You choose binding or nonbinding arbitration, and the consumer filing fee is $50, returned if you win.
How long do I have to file a lemon law claim in Hawaii?
Any action under this law must be started within 1 year after the lemon law rights period ends.
What do I get if my car is a lemon in Hawaii?
A replacement vehicle, or a refund of the full purchase price plus collateral and incidental charges, minus a reasonable offset for use (1 percent of the price per 1,000 miles).
How much is taken off a buyback for the miles I drove?
The refund is reduced for your use of the car: the price times the miles driven, divided by 100,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $6,000.
Who pays the lawyer in a Hawaii lemon law case?
The winning party in a state arbitration may be allowed reasonable attorney fees. In Hawaii, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In Hawaii, an owner who wins can make the maker pay the lawyer.
Find a Hawaii lemon law lawyer
The winning party in a state arbitration may be allowed reasonable attorney fees.
“The prevailing party of an arbitration decision made pursuant to this section may be allowed reasonable attorney's fees.”
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Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes Hawaii cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In Hawaii, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Haw. Rev. Stat. ch. 481I (§§ 481I-1 to 481I-4); used vehicles: Haw. Rev. Stat. ch. 481J, Hawaii Lemon Law (State Certified Arbitration Program)
- Hawaii Department of Commerce and Consumer Affairs, Regulated Industries Complaints Office (RICO), State Certified Arbitration Program
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.