LEMON LAW

QUESTIONS,

ANSWERED

Short Answers To What Hawaii Drivers Ask Most. For Advice On Your Own Situation, Contact Us.

Check My Case Call (808) 377-6778

Qualifying

  • What counts as a lemon in Hawaii?

    A new car or motorcycle with a warranty defect that substantially affects its use, value, or safety, which the manufacturer can't fix after a reasonable number of tries in the first 24 months or 24,000 miles.


  • Are motorcycles covered?

    Yes. Hawaii's lemon law covers new cars and motorcycles.


  • Does my vehicle have to be new?

    Hawaii's lemon law covers new vehicles. A used vehicle still under the manufacturer's warranty may have options under federal law. [Justin to confirm.]


  • What if the problem comes and goes?

    It can still count. Report it every time and make sure the dealer writes it on the repair order, even if they couldn't reproduce it.


  • I'm past 24,000 miles. Am I out of luck?

    Not necessarily. If the problem was reported in writing during the coverage period, you may still have a claim. The federal Magnuson-Moss Act may also apply while you're under warranty.


  • I don't live on Oahu. Can you help me?

    Yes. We work with clients on every island.


The process

Federal warranty law allows fee shifting, so the manufacturer may be required to pay attorneys' fees. See the note below for details.

  • What is SCAP?

    The State Certified Arbitration Program. It's Hawaii's arbitration forum for lemon law disputes. A consumer may be awarded a refund or replacement through SCAP.


  • Do I have to notify the manufacturer?

    Yes. Hawaii requires written notice to the manufacturer and a final chance to repair. We can handle this for you.


  • Is there a deadline?

    Yes. Lemon law claims have time limits, so contact us as soon as you think you have a problem.


Costs

  • What does it cost to hire you?

    There's no cost to you for the attorney's review of the information you submit. The manufacturer generally pays attorneys' fees and costs in lemon law matters. Your fee terms will be spelled out in a written fee agreement.


  • Could I owe anything?

    Clients may be responsible for certain costs and expenses from litigation, which may be deducted from any recovery. We'll explain this before you sign anything.


Your records

  • What should I keep?

    • Purchase or lease contract
    • Every repair order, including "no problem found" visits
    • Warranty booklet
    • Letters, emails, and texts with the dealer or manufacturer
    • Rental car or towing receipts
    • Photos or videos of the problem

  • Should I keep driving my vehicle?

    If you think it's unsafe, don't drive it. Otherwise, keep making payments and keep up with maintenance while your claim is pending.


Resources

Hawaii Revised Statutes Chapter 481I (Hawaii Lemon Law)

Hawaii Department of Commerce and Consumer Affairs, lemon law information

Federal Trade Commission, warranty information

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