What Happens After The Arbitration?
- Receive decision by certified mail. The arbitrator`s decision must be issued within 45 days after initiation of your case by the Administrator (unless an extension of time was agreed upon by both parties.) It will be mailed to you by certified mail. If you chose nonbinding arbitration and lost, you must decide whether you will appeal. You may need to consult an attorney.
- If you get a refund, it may include any collateral or incidental charges which you presented to the arbitrator. However, a Reasonable Mileage Offset* will be deducted using the formula provided by law. (See Sample Refund Calculator to get a general idea of what you can expect.)
- If you get a replacement car, this is supposed to be a comparable cara car identical or reasonably equivalent to the car to be replaced, as it existed at the time of original acquisition. You must pay the reasonable mileage offset as provided by law. At times, a comparable replacement car cannot be agreed upon. If this is so, your arbitrator may award you a refund instead of a replacement car.
- Deadline for compliance. Generally, the deadline for compliance is within thirty (30) days from receipt of the decision. Usually, the manufacturer will contact you to arrange for the return of your car in exchange for the refund or replacement car (depending on what is awarded). If the manufacturer does not comply on a timely basis, you may need to consult with an attorney to find out how to enforce compliance with the decision in court.
* Reasonable Mileage Offset for use means the number of miles attributable to the consumer up to the date of the third repair attempt or the date of the first repair attempt for a serious safety defect, or the date of the 30th cumulative business day when the car is out of service by reason of repair, whichever occurs first. The reasonable offset for use is one percent of the purchase price for every thousand miles of use.
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:
Is My Car A Lemon?
A: 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 … 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.
Lemon Law Sub-categories
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