Legal Question in Consumer Law in Hawaii

My brother bought a used car from a dealership in Honolulu and it died before he got it home. Is there a legal recourse to cancelling the deal?


Asked on 10/03/10, 8:59 pm

1 Answer from Attorneys

Robert Kawamura Kawamura Law Office

Hawaii has a "used car" lemon law. The law says that dealers have to provide buyers with a written warranty against defects that impair the vehicles' use or safety.

The dealer must provide a written disclosure of all material defects known to the dealer and whether any inspections have been conducted, as well as a written warranty on covered major mechanical parts of the vehicle if they fall during a specified warranty period. Used cars that are covered are as follows: the vehicle must be less than five years old; must cost more than $1,500; must have between 12,000 and 74,999 miles; is not custom built or modified for show purposes or racing; and is not inoperable or deemed a "total loss."

Under this law, the length of the required warranty is based on the vehicle's mileage. If the mileage at the time of purchase was less than 25,000, the warranty lasts for 90 days or 5,000 miles, whichever comes first. If the mileage at the time of purchase was 25,000 to 49,999, the warranty lasts for 60 days or 3,000 miles, whichever comes first. If the mileage at the time of purchase was 50,000 to 74,999, the warranty lasts for 30 days or 1,000 miles, whichever comes first. The warranty is extended one day for each day the vehicle is out of service for repairs.

Thus, time is critical. Hope this helps.

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Answered on 10/12/10, 12:09 pm


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