Hawaii Used Car Lemon Law Introduction

The Hawaii Used Car Lemon Law ranks as one of the best in the nation. In order to get a refund for your used car, truck or motorcycle in Hawaii, you first have to understand what the Hawaii used car lemon law covers before you are able to apply it.

Our How-To guide will explain your Hawaii used car lemon law rights and procedure to get a refund for your used lemon car in Hawaii.

Vehicles covered under the Hawaii Used Car Lemon Law

• Purchased “Used”
• Less than 5 years old;
• Costs more than $1,500
• Has between 12,000 and 75,000 miles;
• Used for personal purposes only

Note: New cars are covered under the Hawaii Lemon Law, and not under the Hawaii used car lemon law.

Vehicles not covered under the Used Car Lemon Law

• Purchase price was less than $1,500.00
• Older then five (5) model years.
• Has more than 75,000 miles on odometer.
• Not purchased from a dealer
• Purchased for non personal purposes, such as a business use.
• Cars declared a total loss by the insurance company

Note: Even if you do not qualify under the Hawaii used car lemon law, you may still have rights under The Magnuson-Moss Warranty Act.

Under the Hawaii Used Car Lemon Law, how long is the warranty on my used car?

In Hawaii, you automatically get a warranty from the dealer when you purchase a used car, van, or truck, even if the dealer doesn’t give you a written document or written warranty.

Below is the summary of coverage:

• 12,001 to 24,999 miles – 90 days or 5,000 mile warranty
• 25,000 to 49,999 miles – 60 days or 3,000 mile warranty
• 50,000 to 75,000 miles – 30 days or 1,000 mile warranty

Responsibility of Dealership under the Hawaii used car lemon law

The dealer must provide the following:

• a written disclosure of all material mechanical defects known to the dealer and whether any inspections have been conducted to determine if there are any; and
• a written warranty on covered major mechanical parts of the vehicle if they fail during the specified warranty period. (A material mechanical defect is one which affects the vehicle’s safety and use).

Can a dealer sell a vehicle without protection under the used car lemon law?

A dealer can sell you a car without a warranty and without protection under the used car lemon law protection if it is sold “AS IS” and contains the following “AS IS” document:

The ‘AS IS” document must be in writing and specifically state in 12 point bold face type size the following:

• “AS IS. THIS VEHICLE IS SOLD “AS IS”. YOU WILL HAVE TO PAY FOR ANY REPAIRS NEEDED AFTER SALE. IF WE HAVE MADE ANY PROMISES TO YOU, THE LAW SAYS WE MUST KEEP OUR PROMISES, EVEN IF WE SELL ‘AS IS”. TO PROTECT YOURSELF, ASK US TO PUT ALL PROMISES IN WRITING.”

In addition, the dealer is required to have you sign the “AS IS” notice, with the above language, in order for it to be enforceable against you.

Covered Parts

The statute requires a used car dealer “to correct a material defect of the used vehicle.”

The statute also expressly covers:

• Engine: All lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, flywheel gaskets, and seals;
• Transmission: The transmission case, internal parts, torque converter, gaskets, and seals, except four-wheel drive vehicles are excluded from coverage as provided for in this paragraph.
• Drive Axel: Front and rear drive axle housings and internal parts, axle shafts, propeller shafts, and universal joints, except four wheel drive vehicles are excluded from coverage as provided in this paragraph;
• Brakes: The master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers
• Radiator: All radiator components.
• Steering: The steering gear housing and all internal parts, power steering pump, valve body, piston, and rack
• Alternator: Generator, starter, and ignition system, excluding the battery

The Hawaii used car lemon law also says: “It shall be an affirmative defense to any claim that the alleged material defect does not substantially impair the use, value or safety of the used motor vehicle.”

To win your used car Lemon Law Hawaii case, you must prove that the vehicle’s defect significantly impacts on its use, value, or safety. This is designed to protect the dealer and the court system from frivolous lawsuits.

How to get your car repaired under warranty

• During the warranty period, you must return the car to the dealer, and
• provide written notification of the defect.

Repairs required by the used car dealer

The Hawaii used car lemon law requires the dealer to correct a defective or malfunctioning part of a used motor vehicle which is covered by the warranty, provided the defect occurred during the applicable warranty period.

If the dealer has been unsuccessful at fixing the same material defect, you may be entitled to a refund of the used motor vehicle’s full purchase price under the Hawaii used car lemon law.