Still under
warranty and still having problems?
If your vehicle keeps having problems while it's under the manufacturer's warranty, you may be able to recover damages or have the manufacturer buy it back. The federal Magnuson-Moss Warranty Act makes that possible.
When this law can help
You're Past 24 Months
Or 24,000 Miles, But Still Under The
Factory Warranty
Your vehicle doesn't fit Hawaii's lemon law for another reason
The manufacturer or dealer won't honor the warranty
What you can get
Money damages for the defect
In some cases, a repurchase of the vehicle by the manufacturer
About the law
The Magnuson-Moss Warranty Act authorizes the Federal Trade Commission to write rules for written warranties. It sets disclosure standards for warranties, sets requirements for "full" warranties, limits how sellers can disclaim implied warranties, and gives consumers remedies when a warranty or service contract isn't honored.
LET'S MAKE SURE THE LAW IS ON YOUR SIDE
Federal warranty law allows fee shifting, so the manufacturer may be required to pay attorneys' fees. See terms for details.
Hawaii Lemon Law
The Time Window
Coverage runs for the first 24 months or 24,000 miles, whichever comes first. The problem must be reported in writing during that time.
Three ways a vehicle can qualify
The defect has to substantially affect the vehicle's use, value, or safety.
Your vehicle may be a lemon if, during the coverage period:
Repeat Repairs
The Same Problem Has Been Examined Or Repaired 3 Or More Times And Still Isn't Fixed.
Serious Safety Defect
A Problem Likely To Cause Death Or Serious Injury Has Been Examined Or Repaired At Least Once And Still Isn't Fixed.
Too Long In The Shop.
The Vehicle Has Been Out Of Service For Repairs 30 Or More Business Days In Total.
The Manufacturer Has To Be Notified In Writing And Given A Chance To Repair or Buy It Back. We Make Sure That Step Is Done Right.
SCAP arbitration
Hawaii Has An Arbitration Forum Called The State Certified Arbitration Program, Or SCAP. Through SCAP, A Consumer May Be Awarded A Refund Or A Replacement Vehicle If Their Vehicle Is Found To Be A Lemon.
The manufacturer has their own attorneys who handle these cases every day. Having your own attorney helps to level the playing field.
What you
can get
- A refund of your downpayment and all monthly payments, less an allowance for the miles you drove before the vehicle was deemed a lemon.
- A comparable replacement vehicle
What we
handle
Written notices to the manufacturer, gathering your repair records, preparing your SCAP case, and presenting it at the hearing.
LET'S MAKE SURE THE LAW IS ON YOUR SIDE
In lemon law cases, the manufacturer generally pays attorneys' fees and costs.