Last verified: February 2026
Key Points
- Primary Law: Motor Vehicle Express Warranty Enforcement Act (Haw. Rev. Stat. §§ 481I-1 to 481I-4)
- Coverage: New motor vehicles purchased or leased for personal, family, or household use
- Lemon Law Rights Period: Express warranty term or 2 years/24,000 miles, whichever is earlier
- Presumption: 3+ repair attempts OR 1 serious safety defect attempt OR 30+ business days out of service
- Remedies: Comparable new vehicle or full refund at consumer’s choice
- Arbitration: State-certified arbitration program through Department of Commerce and Consumer Affairs
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Incidental damages and costs |
| Resale of returned lemon without disclosure | Unfair or deceptive practice | Penalties under consumer protection laws |
| Failure to comply with lemon law requirements | Administrative action | Civil penalties |
Table of Contents
📑 Table of Contents (click to expand)
- Hawaii Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Hawaii Lemon Law Arbitration
- Manufacturer Defenses
- Leased Vehicle Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Hawaii Lemon Law Overview
Hawaii’s lemon law, known as the Motor Vehicle Express Warranty Enforcement Act (Hawaii Revised Statutes Chapter 481I), provides important consumer protections for buyers and lessees of defective new motor vehicles in the Aloha State. This law ensures that Hawaii consumers who purchase vehicles with persistent, unrepairable defects can obtain meaningful relief.
The Hawaii lemon law establishes clear standards for when a vehicle qualifies as a lemon, including a specific provision for serious safety defects that require only one repair attempt. The law is administered by the Department of Commerce and Consumer Affairs, which oversees the state’s lemon law arbitration program.
Hawaii’s unique geographic circumstances, including its island geography and distance from mainland parts suppliers, make reliable transportation especially important. The lemon law ensures that Hawaii consumers are not stuck with defective vehicles that cannot be properly repaired.
What Vehicles Are Covered
Under Haw. Rev. Stat. § 481I-2, Hawaii’s lemon law covers specific types of motor vehicles.
Covered Vehicle Types
- New motor vehicles: Vehicles sold new in Hawaii
- Passenger automobiles: Sedans, coupes, hatchbacks, and similar vehicles
- Trucks: Pickup trucks used primarily for personal, family, or household purposes
- Vans: Passenger vans and minivans
- Leased vehicles: New vehicles acquired through lease agreements
- Self-propelled vehicles: Vehicles primarily designed for transporting persons or property on public highways
Vehicles Not Covered
- Mopeds
- Motorcycles with an engine size of 150 cubic centimeters or less
- Motor scooters
- Living portions of motor homes
- Vehicles purchased primarily for commercial purposes
- Used vehicles
The Lemon Law Rights Term
Hawaii’s lemon law rights term is the earlier of:
- The term of the manufacturer’s express warranty, OR
- Two years from the date of original delivery, OR
- 24,000 miles of operation
Whichever comes first defines the period during which problems must be reported to qualify for lemon law protection.
The Lemon Law Presumption
Under Haw. Rev. Stat. § 481I-3, Hawaii law creates presumptions that assist consumers in proving their lemon law cases.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity has been subject to repair 3+ times and continues to exist |
| Serious Safety Defect | 1 repair attempt | Defect likely to cause death or serious bodily injury, repaired once but recurs |
| Days Out of Service | 30 or more business days | Cumulative total out of service for repair of one or more nonconformities |
| Timeframe | Within lemon law rights term | Express warranty, 2 years, or 24,000 miles, whichever is earlier |
Written Notice Requirement
The presumptions do 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. This written notice is essential for triggering the lemon law protections.
What Qualifies as a “Nonconformity”?
A nonconformity is a defect, malfunction, or condition that substantially impairs the use, market value, or safety of a motor vehicle and is covered by an express warranty. Examples include:
- Engine or transmission problems
- Brake system malfunctions
- Steering defects
- Electrical system failures
- Safety restraint system defects
- Fuel system problems
- Suspension issues affecting vehicle handling
Serious Safety Defects
Hawaii law provides enhanced protection for serious safety defects. A defect is considered a serious safety defect if it is likely to cause death or serious bodily injury if the vehicle is driven. For these defects, only one repair attempt is required before the presumption applies, if the defect continues to exist or recurs.
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to the express warranty after a reasonable number of attempts, § 481I-3 requires the manufacturer to provide relief.
Consumer’s Right to Choose
Hawaii law gives the consumer the option to receive either a comparable new motor vehicle or a refund. The consumer makes this election.
Option 1: Replacement Vehicle
The manufacturer must provide:
- A comparable new motor vehicle acceptable to the consumer
- All applicable express warranties
- Payment of all collateral charges
Option 2: Full Refund
The manufacturer must provide a full refund that includes:
- Full contract price: The total amount paid for the vehicle
- Collateral charges: Finance charges, sales tax, registration fees, and similar costs
- Incidental damages: Costs for towing, rental vehicles, and similar expenses caused by the nonconformity
Reasonable Allowance for Use: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Hawaii’s formula:
Allowance = (Contract Price × Miles at First Report) ÷ 120,000
(For serious safety defects: use miles at first repair attempt)
If the 30-day out-of-service presumption applies, the mileage on the repair order at the 30th day is used to calculate the allowance.
Refunds are distributed to the consumer and any lienholder, as their interests appear.
How to File a Lemon Law Claim in Hawaii
Successfully pursuing a Hawaii lemon law claim requires careful documentation and proper procedure.
Step 1: Document All Problems and Repairs
- Keep all repair orders and work orders from each service visit
- Record the dates your vehicle was at the dealership for repairs
- Document specific symptoms and problems in writing
- Save all correspondence with the dealer and manufacturer
- Note odometer readings at each repair visit
- Take photographs or videos of defects when possible
Step 2: Provide Written Notice to Manufacturer
Send a written report of the nonconformity to the manufacturer. This notice must be provided before the lemon law presumptions apply. Your notice should include:
- Your contact information
- Vehicle identification (year, make, model, VIN)
- Detailed description of the nonconformity
- History of repair attempts
- Request for resolution
Step 3: Allow Reasonable Repair Opportunity
After providing written notice, give the manufacturer a reasonable opportunity to repair the vehicle. The manufacturer must have the chance to attempt repairs before you can invoke the lemon law presumption.
Step 4: Apply for State Arbitration
If the manufacturer fails to repair the vehicle, apply for arbitration through Hawaii’s state-certified arbitration program administered by the Department of Commerce and Consumer Affairs.
Step 5: Consider Other Options
If arbitration does not resolve your dispute, you may:
- File a lawsuit in Hawaii state court
- Pursue claims under the federal Magnuson-Moss Warranty Act
Hawaii Lemon Law Arbitration
Hawaii provides a state-certified arbitration program administered by the Regulated Industries Complaints Office (RICO) within the Department of Commerce and Consumer Affairs.
Key Features of Hawaii’s Arbitration Program
- State-certified: The program meets standards established by state law
- Accessible: Designed to be accessible to consumers without requiring attorney representation
- Binding: Decisions may be binding depending on the circumstances and parties’ agreement
- Relatively quick: Cases are typically resolved faster than court litigation
Filing for Arbitration
- Obtain an arbitration application from RICO
- Complete the application with all required information
- Submit supporting documentation (repair orders, correspondence, etc.)
- Attend the scheduled arbitration hearing
- Receive the arbitrator’s decision
What to Expect at Arbitration
- Both consumer and manufacturer present their cases
- Documentation is reviewed by the arbitration panel
- The vehicle may be inspected
- A decision is rendered based on the evidence presented
Manufacturer Defenses
Manufacturers may raise several defenses to lemon law claims in Hawaii.
Valid Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use, value, or safety | Document specific impacts on daily use, value, or safety |
| Consumer abuse or neglect | Defect resulted from abuse, neglect, or unauthorized modifications | Provide maintenance records showing proper care |
| No written notice | Manufacturer did not receive required written notice | Provide proof of written notification sent to manufacturer |
| Outside coverage period | Problem first reported after lemon law rights term | Show documentation of reports within coverage period |
Leased Vehicle Protections
Hawaii’s lemon law extends protection to consumers who lease new motor vehicles.
Lessee Remedies
- Lease termination: The lease is cancelled with no further obligations
- Refund of payments: Lease payments made are refunded
- Security deposit: Any deposit is returned
- No early termination fees: Lessees are not charged penalties for early termination under lemon law claims
Refunds in leased vehicle cases are distributed between the lessee and lessor according to their respective interests.
Electric Vehicle Considerations
Electric vehicles are covered under Hawaii’s lemon law. Given Hawaii’s commitment to clean energy and the growing EV market in the islands, understanding EV-specific issues is important.
Common EV Defects That May Qualify
- Battery capacity degradation beyond manufacturer specifications
- Charging system failures
- Range substantially below manufacturer representations
- Electric motor malfunctions
- Software defects affecting vehicle operation
- Thermal management system failures
- Regenerative braking problems
Hawaii-Specific EV Considerations
Hawaii’s island environment presents unique considerations for EV owners:
- Limited driving distances between charging stations on some islands
- Humidity and salt air may affect vehicle components
- Parts availability may take longer due to shipping distances
Documentation Tips for EV Claims
- Keep records of charging attempts and failures
- Document range performance versus specifications
- Save software update history
- Record error codes and diagnostic information
Statute of Limitations
Understanding Hawaii’s timing requirements is crucial for lemon law claims.
Key Deadlines
- Lemon law rights term: Express warranty term, 2 years, or 24,000 miles, whichever is earlier
- Written notice: Must be provided before presumptions apply
- Arbitration filing: Should be filed promptly after exhausting repair opportunities
- Court action: Must be filed within the applicable statute of limitations
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Hawaii?
Hawaii law presumes a vehicle is a lemon after three or more repair attempts for the same nonconformity, one repair attempt for a serious safety defect (if it continues or recurs), or if the vehicle has been out of service for 30 or more cumulative business days. You must also provide written notice to the manufacturer.
Does Hawaii’s lemon law cover used vehicles?
No, Hawaii’s lemon law applies only to new motor vehicles. Used vehicles are not covered. However, used vehicle buyers may have remedies under Hawaii’s general consumer protection laws or the federal Magnuson-Moss Warranty Act.
What is a “serious safety defect” under Hawaii law?
A serious safety defect is one that is likely to cause death or serious bodily injury if the vehicle is driven. For these defects, only one repair attempt is required before the presumption applies, if the defect continues to exist or recurs.
How is the usage allowance calculated in Hawaii?
The usage allowance is calculated by multiplying the contract price by the miles at the time of the first report of the nonconformity, then dividing by 120,000. For serious safety defects, the miles at the first repair attempt are used. If the 30-day presumption applies, the mileage at the 30th day is used.
Do I need a lawyer to file a lemon law claim in Hawaii?
You do not need a lawyer to file an arbitration claim with Hawaii’s state program. However, for complex cases or if you proceed to court, consulting with an attorney experienced in lemon law cases may be beneficial.
What is the Department of Commerce and Consumer Affairs’ role in lemon law claims?
The Department of Commerce and Consumer Affairs, through its Regulated Industries Complaints Office (RICO), administers Hawaii’s lemon law arbitration program and handles consumer complaints related to lemon law violations.
Can I reject the arbitration decision and file a lawsuit?
Depending on the circumstances and the terms of the arbitration, you may have the right to reject the arbitration decision and pursue other legal remedies, including filing a lawsuit in state court.
Resources and Legal Help
Official Resources
- Hawaii Revised Statutes Chapter 481I: Motor Vehicle Express Warranty Enforcement
- Regulated Industries Complaints Office (RICO)
- Department of Commerce and Consumer Affairs
- Hawaii Lemon Law Consumer Handbook (PDF)