What can the Hawaii Lemon Law for used vehicles do for me if I have a lemon used car or van or truck?
Would you like your money back? If you’ve got a lemon used car or a lemon used van or a lemon used truck, the Hawaii Used Car Lemon Law can make the dealer buy it back if they fail to fix any covered defect within 3 repair attempts or if your vehicle is out of service for a total of more than ten days during the warranty coverage.
What kind of vehicles are covered by Hawaii’s used vehicle Lemon Law?
Used cars and vans and trucks that were purchased or transferred either after one year from the date of original delivery to the first retail purchaser or after 12,000 miles of operation, whichever happens first. Only vehicles costing at least $1,500 are covered and the vehicle must not be more than 5 years old and must have less than 75,000 miles on it. Also inoperable vehicles that have been totaled out are not covered at all. The vehicle also must be used for your personal use - no business vehicles are covered. Some used vehicles that are not covered by the Hawaii Used Car Lemon Law will still be covered by the federal Lemon Law (the Magnuson Moss Warranty Act) as long as the dealer gave the buyer a written warranty of any length at all. New vehicles have their own lemon law in Hawaii so this used vehicle lemon law does not apply to new vehicles.
How long is my used vehicle warranty under the Hawaii Used Car Lemon Law?
When you buy a used car or a used van or a uxed truck in Hawaii you automatically get a warranty from the dealer - even if the dealer doesn’t give you a document that says so. How long is the warranty for? That depends on how many miles were on it when you got it. Here’s a chart that explains it. 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
Can a Dealer sell a vehicle “as is” under this law?
Yes, but only if they give you a specific written notice . It has to say, in 12 point bold face type size “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 paper that the above notice appears on, for it to be enforceable against you.
How do I know if I have a lemon under the Hawaii Lemon Law for used cars, trucks, and vans?
The dealer is only allowed a limited number of chances to repair problems in your used car or truck or van. The dealer must repair any problem with the engine, transmission, drive axle, brakes, steering, radiator or ignition system. If one or more of the following circumstances occurs during the warranty period, then the dealer is automatically presumed to have made a reasonable number of attempts to repair the vehicle, and you've got a lemon. A lemon in Hawaii is one where: the same defect has been worked on 3 times and did not get fixed by the end of the third attempt, or it's been out of service for a total of 10 days because of repairs, although the dealer can have up to 21 days to get needed parts. You only have to fit one of the two possible presumption definitions. The used vehicle Lemon Law in Hawaii also requires the dealer to fix any defect in those systems within a reasonable number of attempts. Repairs must be free.
I think I have a lemon, so what do I do now?
Start negotiating. Contact the dealer. Write a short and simple letter, an email, send a fax, make a phone call. Your letter should just say you think you have a lemon, it’s their fault, and tell them you want your money back. If the problem has not been fixed and you meet either one of the definitions of a lemon used car or van or truck, ask them to buy it back. Make notes of everything that you say to them and what they say to you, so you have a record in case you need it later. If they don't resolve it satisfactory to you, then you may want to complain to the Hawaii Attorney General or contact a private Lemon Law attorney near you. If you aren't satisfied with the offer the dealer makes, then you should discuss your case with a Lemon Law attorney but act quick before you lose your Lemon Law rights. You only have one year from your purchase to start your case in Court.
The dealer wants to charge me for my mileage (a "usage fee"), do I have to do that?
Yes, but it can’t be more than 15 cents for each mile you drove the vehicle. But if you made any improvement to the vehicle, the dealer has to pay you for the increase in market value caused by your improvement to the vehicle. If you had a trade in then they have to etiher give you that back in substantially the same condition it was in when you gave it to them or pay you the NADA wholesale book value of it.
Should I file for arbitration? What if I don't want to?
It may not be available to you anyway, but if it is then you still don’t have to do it. Some dealers have a settlement process that is sometimes called "arbitration" and you can use their process if you want and you won't have to hire a lawyer to do it. If you don't want to go through the dealer's "dispute resolution process" (that's also what they sometimes call it), you don't have to because there is nothing in the Hawaii Used Car Lemon Law that says you have to do that. But you should talk to an experienced Lemon Law attorney about the advantages and disadvantages of it.
Do I have to hire a lawyer?
No, but you probably would do better if you did. There have been some studies done and they all come back the same way: you get paid more when you have a lawyer on your side. Why? When you try to negotiate with a car dealer you will be dealing with professional negotiators who are paid to negotiate every day. In a used vehicle lemon law case, the dealer will try to settle with you for as little as they can get away with it. This isn't going to be easy for you. They often tell you what they think the law is and why your case doesn't fit it - and if you don't know the law then you probably don't know how to argue back with them. So how do you get ready for a lawyer? First decide what it is that you want and what the minimum is that you will settle for. Next, get all your paperwork together and write out a diary of everything that happened from beginning to end and then talk with a Lemon Law attorney.
How can I find free info about the Hawaii Lemon Law for used cars, trucks and vans?
You can talk to a Hawaii Lemon Law attorney near you. Or for free Used Car Lemon Law information, contact the Hawaii Regulated Industries Complaints Office at this web site: http://hawaii.gov/dcca/rico. You can also go to www.AlohaLemonLaw.com
How do I get help?
Your lemon law lawyer will decide whether to file a lawsuit or attempt to negotiate "pre-suit" (which means without filing a lawsuit). If the dealer doesn't make an offer that you can live with then you can expect that a lawsuit will likely be necessary. Your Hawaii used car lemon law attorney can discuss the court process with you in detail and tell you how long it may take and what you can expect out of it. Most importantly, you should discuss with your attorney things like your continued use of the vehicle, what to do if more defects arise, the desirability of hiring an independent expert witness, and what you can do to help win you case. Remember, you only have a year from the purchase to file your case in Court or your rights are gone.
