Is My Car A Lemon?
Your car may be declared a lemon after going through arbitration if it meets all of the following conditions:
- it has a nonconformity (a defect, malfunction, or condition)
- the nonconformity is covered by the manufacturer`s express warranty
- the nonconformity SUBSTANTIALLY impairs the use, market value, or safety of the car
- the nonconformity is not the result of an accident, abuse, neglect, or alteration of the car by persons other than the manufacturer or its authorized dealer
- you tried to get the nonconformity repaired by the manufacturer`s authorized dealer during the Lemon Law Rights Period
- you sent written notification (preferably by certified mail, return receipt requested) to the manufacturer (not the dealer) of the nonconformity during the Lemon Law Rights Period*
- you gave the manufacturer or its authorized dealer a reasonable opportunity to repair the nonconformity during the Lemon Law Rights Period
- you filed a request for arbitration with the State Certified Arbitration Program within one year after the Lemon Law Rights Period expired
* If you did not receive a Lemon Law Statement of Rights from the dealership when you purchased the vehicle, you are not required to write to the manufacturer although it is a good idea to do so anyway. If you did not receive a Lemon Law Statement of Rights, include that information when you submit your paperwork for arbitration.
Other Hawaii Lemon Law FAQs
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Q:
How Does The Lemon Law Work?
A: The Hawaii Lemon Law helps consumers who buy or lease new motor vehicles and have repeated problems in getting their vehicles repaired under the manufacturer`s … More -
Q:
Is My Vehicle Covered Under The Lemon Law?
A: Your vehicle may be covered if it is: a new car, including a demonstrator model. This also includes a car transferred to a second purchaser while the manufacturer`s … More -
Q:
When Does The Lemon Law Rights Period Expire?
A: Assuming the express warranty is still in effect, the Lemon Law Rights Period expires two years after the date of the original delivery of the car to you or the first … More -
Q:
Is My Car's Nonconformity A Substantial Impairment?
A: The nonconformity you are alleging must substantially impair your car`s use, safety, or value. Substantially impairs means to render the car unfit, unreliable, or … More -
Q:
How Many Repair Attempts Do I Have To Allow?
A: One or more of the following presumptions should apply to your car: Three times presumption you took your car in for repair for the same nonconformity at least three … More -
Q:
What Should I Do If I Think I Qualify For Arbitration?
A: Letter to manufacturer. Send a letter by certified mail, return receipt requested to the manufacturer within the Lemon Law Rights Period. Send it to the address given … More -
Q:
Can I Settle My Case Without Going To Arbitration?
A: Yes, if the manufacturer offers you a settlement of your case, you are free to negotiate with the manufacturer regarding the terms of the settlement, and you are free … More -
Q:
How Should I Prepare For The Arbitration?
A: Collect and organize your evidence. For example, arrange repair orders by date. If you are asking for collateral charges * (such as tinting costs) or incidental … More -
Q:
Where Do I Go For The Lemon Law Arbitration Hearing?
A: Hearings on Oahu are held at 235 S. Beretania Street, 9th Floor. Neighbor island hearings are held at various locations on those islands. -
Q:
How Long Will The Hearing Take?
A: Hearings usually last from two to four hours depending on the complexities of the case and whether attorneys or witnesses are involved.
Lemon Law Sub-categories
| Lemon Law Attorney |
How Do I Find the Right Attorney for My Case?
How Do I Find the Right Attorney for My Case?
Attorney Help with Settlements
Lemon Laws
Implied Warranties
How To Prepare to Meet With Your Lawyer
When Do You Need to Hire a Lawyer?