DEMAND LETTER – HAWAII LEMON LAW
To: [Manufacturer/Distributor/Dealer]
From: [Consumer/Attorney]
Date: [DATE]
Vehicle: [Year/Make/Model/VIN]
Purchase/Lease: [DATE]; Mileage at delivery: [###]; Current mileage: [###]
1. DEFECTS AND REPAIR HISTORY
- Defect(s) substantially impair use, market value, or safety: [List].
- Repair attempts/days out of service (attach RO's): [Dates, dealer, RO#, days each visit].
- Presumption specifics (HRS § 481I-2):
- [ ] Three or more repair attempts for the same nonconformity; OR
- [ ] One or more attempts for defect likely to cause death/serious bodily injury; OR
- [ ] Thirty (30) or more business days out of service.
- Within express warranty or 2 years/24,000 miles, whichever first.
2. LEGAL BASIS
- Hawaii Motor Vehicle Warranty Rights Act, HRS §§ 481I-1 to 481I-4. Manufacturer had a reasonable number of repair attempts and failed to conform the vehicle to warranty.
3. WRITTEN NOTICE
- This letter serves as written notice per HRS § 481I-3 to manufacturer.
4. CERTIFIED DISPUTE RESOLUTION
- Per HRS § 481I-4, consumer is required to submit to manufacturer's certified dispute resolution program if available.
- Status: [Program utilized / Not applicable / Pending].
5. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Collateral charges: [$]
- Finance charges: [$]
- General excise tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use per statute: [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle plus reimbursement of incidental costs.
6. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.
7. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under HRS § 481I-3.
8. ATTACHMENTS
- Exhibit A: Purchase/lease agreement.
- Exhibit B: Repair orders/invoices.
- Exhibit C: Towing/rental receipts.
- Exhibit D: Prior correspondence/notices.
Signed:
[Name/Attorney]
[Address/Email/Phone]