(a) A consumer of a used motor vehicle shall have a private right of action against a dealer to enforce this chapter and recover costs, including reasonable attorney’s fees, incurred in the civil action.

Terms Used In Hawaii Revised Statutes 481J-7

  • Consumer: means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Hawaii Revised Statutes 481J-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Used motor vehicle: means a motor vehicle as that term is defined in § 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first. See Hawaii Revised Statutes 481J-1
  • Warranty: means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to that used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle. See Hawaii Revised Statutes 481J-1
(b) It shall be an affirmative defense to any claim under this section that:

(1) The alleged malfunction or defect does not substantially impair the use or safety of the used motor vehicle;
(2) The alleged malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle; or
(3) The alleged malfunction or defect was covered or warranted under an express warranty issued by the manufacturer of the used motor vehicle, and that such warranty issued by the manufacturer of the used motor vehicle was in effect during the warranty period established by this chapter.
(c) Any private civil action brought pursuant to this section shall be commenced within one year of the date of original delivery of the used motor vehicle to the consumer.
(d) Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(e) A dealer’s failure to comply with any of the provisions of this chapter may result in disciplinary action pursuant to chapter 437, which may result in sanctions, including but not limited to suspension or revocation of license, and the imposition of fines or restitution.

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