What Is the Lemon Law in Hawaii for Used Cars

Hawaii's Motor Vehicle Express Warranty Enforcement Law, or Lemon Law, codified as HRS Chapter 481I et seq., establishes protections for consumers who acquire defective motor vehicles. This statute applies exclusively to new motor vehicles purchased or leased for personal, family, or household purposes. The Regulated Industries Complaints Office confirms that the lemon law rights period extends for the term of the manufacturer's express warranty, two years from original delivery, or 24,000 miles of operation, whichever occurs first.

Hawaii provides separate statutory warranty protections for used car buyers through HRS Chapter 481J, the Used Motor Vehicle Sales and Warranties law, which mandates written warranties for qualifying used vehicles sold by dealers.

What Protections Do Used Car Buyers Have in Hawaii?

State and federal statutes create substantial consumer protections for used car buyers in Hawaii.

Hawaii Used Motor Vehicle Sales and Warranties

Hawaii mandates warranty protections for used car buyers through HRS Chapter 481J. This statute requires dealers to furnish written warranties covering the full cost of parts and labor necessary to repair defects or malfunctions that impair vehicle safety or use. Warranty durations vary based on mileage at the time of sale:

• Vehicles with under 25,000 miles: minimum 90 days or 5,000 miles
• Vehicles with 25,000 to 49,999 miles: minimum 60 days or 3,000 miles
• Vehicles with 50,000 to 75,000 miles: minimum 30 days or 1,000 miles

These warranties apply to major mechanical components, including the engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter, and ignition system. The statute excludes four-wheel drive transmission and drive axle components from coverage.

If dealers cannot repair covered defects after a reasonable number of attempts, they must accept the return of the vehicle and refund the full purchase price or provide a replacement vehicle. The law presumes reasonable repair attempts if the same defect persists after three repair attempts or the vehicle remains out of service for more than ten business days.

Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act establishes federal protection when sellers or manufacturers breach warranty obligations on consumer products, including motor vehicles. This statute authorizes consumers to pursue legal remedies for:

• Breaches of written warranty terms issued by dealers or manufacturers
• Violations of warranties implied under law
• Failures to fulfill service contract provisions

FTC Used Car Rule

The Federal Trade Commission's Used Car Rule requires dealers to affix a Buyer's Guide to every used vehicle before sale. This disclosure must communicate:

• Whether the dealer extends warranty coverage or sells without protection
• Which mechanical components and systems receive warranty coverage
• How long any warranty remains valid
• What share of repair expenses the dealer assumes under warranty
• Instructions for securing vehicle history records and verifying recall information

Understanding "As Is" Sales in Hawaii

Hawaii law permits "as is" sales only for vehicles that fall outside the statutory warranty requirements. The Office of Consumer Protection notes that vehicles sold "as is" carry no warranty, and buyers assume responsibility for all post-sale repairs.

What "As Is" Means for Buyers

When acquiring a vehicle through an "as is" transaction:

• The dealer assumes no liability for repairs after sale completion
• You shoulder complete financial responsibility for defects identified following purchase
• You pay for mechanical, electrical, and structural failures that surface after delivery
• No warranty coverage extends to vehicle condition or functionality

Limited Dealer Disclosure Requirements

Hawaii law restricts "as is" sales to specific categories of vehicles, including those priced below $1,500, those with more than 75,000 miles, those five years or older, vehicles custom-built for show or racing, and vehicles that are inoperable or total losses. For authorized "as is" sales, dealers must display a conspicuous disclaimer on the front page of the sales contract in 12-point boldface type with a 16-point extra boldface heading, boxed and signed by the consumer.

Dealers must provide written notice of any material mechanical defects and any damage exceeding $1,000 in repair costs. Dealers must also disclose whether any inspection was conducted to determine defects.

Limited Exceptions to "As Is" Protection

Legal recourse may exist despite an "as is" designation when dealers:

• Commit fraudulent acts in the sale transaction or document preparation
• Execute unauthorized changes to sales contracts or associated paperwork
• Refuse to fulfill express warranty obligations documented in writing

Filing a Consumer Complaint

Hawaii consumers experiencing disputes with used car dealers may submit complaints to the Office of Consumer Protection.

Hawaii Department of Commerce and Consumer Affairs
Office of Consumer Protection
235 South Beretania Street, Suite 801, Honolulu, HI 96813
Phone: (808) 586-2630
Toll-free: (808) 587-4272
Official Website: Office of Consumer Protection