Kokua Line

By Gregg K. Kakesako

Thursday, July 11, 1996

Hildegaard Verploegen is on vacation


Lemon law is a sweetener
for new vehicle owners

QUESTION: I have a brand new car and am having problems with it. I need more information about Hawaii's lemon law.

ANSWER: The lemon law generally covers the period of the automobile manufacturer's warranty, which ends two years after delivery or after the first 24,000 miles, which ever comes first. Your car will qualify if it was purchased in Hawaii and has a warranty-related defect that substantially impairs the use, market value or safety of the car and if the defect still exists after the manufacturer has had a reasonable opportunity to repair it. The intent of the law was to outline procedures for a consumer to receive a replacement or refund for a car that does not conform to its warranty.

You must have taken the car to the dealer authorized by the manufacturer to try to repair the problem and write to the manufacturer if the dealer cannot repair the defect. You should send the notice to the manufacturer by certified mail, return receipt requested. Keep all copies of all repair orders and bills and try to document anything that was said to you about your car.

The state Department of Commerce and Consumer Affairs administers an arbitration program to resolve warranty-related disputes with the car's manufacturer. The consumer pays a $50 filing fee, and the manufacturer pays a $200 filing fee. You do not need a lawyer.

Hawaii also has a lemon law for used cars and covers vehicles that cost more than $1,500 and are less than 5 years old with mileage of 12,000 to 75,000 miles.



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