LEMON LAW DEMAND LETTER

STATE OF HAWAII

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: HAWAII LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Hawaii Lemon Law, Haw. Rev. Stat. Section 481I-1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. HAWAII LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Hawaii Lemon Law, Haw. Rev. Stat. Section 481I-1 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Haw. Rev. Stat. Section 481I-2, a "motor vehicle" means:
- A new self-propelled vehicle primarily designed for transportation on public highways
- Registered in Hawaii
- Excludes: Mopeds, motorcycles, and motor scooters; off-road vehicles; vehicles with more than two axles; tractors; road-building equipment

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Hawaii's Lemon Law.

C. Coverage Period

Hawaii's Lemon Law applies during:
- The term of the express warranty OR two (2) years or 24,000 miles following original delivery, whichever comes first. Haw. Rev. Stat. Section 481I-3(a).

D. Presumption of Nonconformity

Under Haw. Rev. Stat. Section 481I-3(c), there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR

2. Serious Safety Defect: A nonconformity that creates a serious safety hazard has been subject to repair one (1) or more times; OR

3. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under Haw. Rev. Stat. Section 481I-3(b), the consumer must send written notification by certified mail to the manufacturer. The manufacturer has one additional opportunity to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use and market value as required under Haw. Rev. Stat. Section 481I-3(a):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Hawaii Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Hawaii law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under Haw. Rev. Stat. Section 481I-3(c)(1).

[ ] Serious Safety Defect:
A serious safety defect has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under Haw. Rev. Stat. Section 481I-3(c)(2).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-business-day threshold under Haw. Rev. Stat. Section 481I-3(c)(3).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under Haw. Rev. Stat. Section 481I-4, if [MANUFACTURER] sponsors an informal dispute settlement procedure that is certified by the State as complying with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution. Any arbitration decision is binding on the manufacturer if accepted by the consumer, but the consumer may reject and proceed to court.

[ ] [MANUFACTURER] does not have a state-certified arbitration program in Hawaii, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to Haw. Rev. Stat. Section 481I-3(a), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Haw. Rev. Stat. Section 481I-3(a)(1), the manufacturer must refund:

The reasonable allowance for use under Hawaii law is calculated by multiplying the purchase price by a fraction having as its denominator 120,000 and the number of miles driven prior to the first report of nonconformity as its numerator. Haw. Rev. Stat. Section 481I-3(a)(1).

[ ] REPLACEMENT

Under Haw. Rev. Stat. Section 481I-3(a)(2), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under Haw. Rev. Stat. Section 481I-3(d), a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under Haw. Rev. Stat. Section 481I-3(b). The manufacturer is entitled to one additional attempt to cure the nonconformity after receiving this written notice.

Please contact the undersigned within ten (10) business days to schedule the final repair attempt. If the defect is not cured, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Hawaii court
[ ] Report this matter to the Hawaii Office of Consumer Protection

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Hawaii law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Hawaii Office of Consumer Protection

HAWAII LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR HAWAII LEMON LAW CLAIMS

Pre-Filing Considerations

1. Business Days: Hawaii counts business days, not calendar days, for the 30-day out-of-service threshold. Verify the count carefully.

2. Serious Safety Defect: Only one repair attempt is required for defects creating a serious safety hazard.

3. Written Notice by Certified Mail: Hawaii specifically requires the notice be sent by certified mail.

Procedural Requirements

1. Arbitration First: If the manufacturer has a state-certified arbitration program, the consumer must use it before filing suit.

2. Office of Consumer Protection: The Hawaii Office of Consumer Protection may assist with complaints.

3. Island Considerations: Be aware of logistics for vehicle inspections and repairs across different islands.

Damages Calculation

1. Use Allowance: Hawaii uses a 120,000-mile denominator for calculating the use allowance.

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under Haw. Rev. Stat. Section 481I-3(d) to prevailing consumers.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney before use.