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Your Explanation of Defective Vehicle Claims

There is both a state Lemon Law and a Federal Lemon Law and both of them can help you get rid of your lemon motor vehicle. Lemon defective vehicle claims involve specific laws and this brochure will help you understand those laws for yourself. For a better understanding of these laws, you can call or email our experienced Lemon Law attorneys and staff. But this brochure will help you know what your rights are so you don’t waste your money.

Hawaii's Lemon Law Can Get You a New Vehicle

Under the Hawaii state Lemon Law, the manufacturer has to fix any serious defect timely. Your Lemon Law has 3 definitions of what a lemon vehicle can be. If your vehicle problems meet any one of these definitions within the first 24 months or 24,000 miles of ownership (whichever occurs first), then this law gives you the right to make the manufacturer take the vehicle back and replace it with a new one plus the Federal Lemon Law can make them pay your attorney fees too.

The Three Definitions Are:

  1. Three chances to fix the same defect
  2. No more than 30 business days out of service
  3. Only one chance to fix a defect that is so serious that it can cause an accident or injury

You only need to fit one of these definitions in order to have a claim under your Hawaii Lemon Law, but your case can also fit more than one definition. Your rights under this law expire just one year after you fit any definition though so don’t wait to enforce your rights. The rule is simple - if you wait, you lose.

The Federal Lemon Law Can Get You a New Vehicle

Under the Federal Lemon Law, the manufacturer has to fix an warranty covered defect timely. Your Federal Lemon Law has 2 definitions of what a lemon vehicle can be. If your vehicle meets either one of these definitions during the life of the warranty, then this law also protects you.

The Two Definitions Are:

  1. Any defect must be repaired within a reasonable number of attempts.
  2. Any defect must be repaired within a reasonable amount of time.

This usually means no more than 3 or 4 attempts at repair or no more than 3 or 4 weeks of trying. If the defect is serious, then the reasonable number of opportunities to repair it might be much less.

Under the Federal Warranty Law, you would have a right to make them take the vehicle back or you could keep the vehicle and make them give you back some of your money. Your rights under this law usually expire just one year after most warranties expire so don’t wait to enforce your rights. The rule here is simple too - if you wait, you lose.

Hawaii’s Consumer Sales Law Can Help You

This law says that no business is allowed to do anything that is unfair or deceptive to a consumer. That may include breaching your warranty, refusing to honor your warranty, violating your Lemon Law rights, stalling you or delaying in taking care of your problems, or anything else that is unfair or deceptive in dealing with you and your lemon motor vehicle.

For a violation of this law, you have a right to recover at triple your actual damages or a minimum of $1,000 plus attorney fees ($5,000 if you are over 62 years of age). Your rights under this law usually expire 4 years from the transaction, such as a sale or lease or repair date.

Hawaii’s Breach of Warranty Law Can Help You

Even without the other laws, Hawaii has another law just for breach of warranty. This is basically the same as the Federal Lemon Law, requiring them to fix your defective vehicle’s defects within a reasonable number of chances and within a reasonable time. Your rights under this law usually expire 4 years from the date of purchase or lease.

More than One Law Apply at the Same Time

Yes. But usually you can only get one remedy no matter how many different laws are involved.

A manufacturer or a dealer could violate more than one of the laws that are discussed above. That is why when we argue with them we use all of the laws that can be involved in your case. However, the fundamental objective is to get you the result you want and have a right to have.

 

 

Please complete the form to request a FREE Case Review and Consultation.

 

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