437-1 Legislative findings and declaration
437-1.1 Definitions
437-2 Licenses
437-2.5 Repealed
437-3 Prohibited acts for dealer or auction
437-3.5 Renumbered
437-3.6 Waivers void
437-4 Advertising
437-4.5 Vehicle bumper impact notice
437-5 Board
437-6 Powers and duties of the board
437-7 Application for issuance or renewal of license
437-8 to 10 Repealed
437-11 Additional requirements for dealer’s and auction’s license
437-12 Legal ownership certificates
437-13 Disclosure of dealer
437-14 Delivery of contract required
437-15 Principals held responsible
437-16 Records to be kept
437-17 Repealed
437-18 Bond of broker
437-19 to 21 Repealed
437-21.1 Bonds of auctions
437-22 Repealed
437-23 Term of license
437-24 Licenses terminate, when
437-25 Amended licenses
437-26 License not transferable; other requirements
437-27 Change of status, notice
437-27.5 Requirements to maintain license
437-28 Suspension; revocation; fine; denial of issuance or renewal of a license
437-28.5 Procedures, protections, rights, and remedies made available to licensees
437-29 Discretionary powers of board
437-30, 31 Repealed
437-31.5 New or used motor vehicle sales and lease contracts
437-32 Credit sale contracts; agreements concerning, unlawful
437-33 Coercion by manufacturer or distributor unlawful
437-34 Credit sale contracts, when purchase of unlawful
437-35 Penalty
437-35.5 Misdemeanor
437-36 Injunction; damages
437-37 Credit sale contract violations; penalty
437-37.5 Cumulative penalties
437-38 Repealed
437-39 Enforcement
437-40 Information in applications, confidential; penalty for divulging
437-41 Liberal interpretation
437-42 Sections 445-171 and 445-172 not to apply

Terms Used In Hawaii Revised Statutes > Chapter 437 > Part I - General Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attachment hardware: means the components and associated fasteners that directly attach the bumper to the chassis frame. See Hawaii Revised Statutes 437-1.1
  • Auction: means any person engaged in the business of selling only motor vehicles by means of bidding at a public or private sale, but excludes an auctioneer and any person referred to in paragraph (1), (2), (4), or (5) in the definition of ["dealer"], or any person auctioning motor vehicles incidental to an auction of other assets, when the auctioneer or person acts in the respective capacity described in this section. See Hawaii Revised Statutes 437-1.1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the motor vehicle industry licensing board created by this chapter. See Hawaii Revised Statutes 437-1.1
  • Business: includes any activities regularly engaged in by any person or regularly caused to be engaged in by the person for the object of gain, benefit, or advantage, either direct or indirect. See Hawaii Revised Statutes 437-1.1
  • Consumer: means any person who purchases, other than for purposes of resale, a motor vehicle for personal, family, household, or business use, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express 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 437-1.1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: includes "auction" as defined in this section or any person or entity not expressly excluded by this chapter who sells three or more vehicles within a calendar year, or who is engaged in the business of selling, soliciting, offering, or attempting to negotiate sales, purchases, or exchanges of motor vehicles or any interest therein, including options to purchase motor vehicles. See Hawaii Revised Statutes 437-1.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distributor: means any person, resident, or nonresident, including a manufacturer, who in whole or in part imports, offers for sale, sells, or distributes new motor vehicles to dealers. See Hawaii Revised Statutes 437-1.1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • franchise agreement: means any contract or agreement between a dealer and a manufacturer or distributor that authorizes the dealer to engage in the business of selling or purchasing any particular make or makes of new motor vehicles or motor vehicle parts manufactured or distributed by the manufacturer or distributor, or that establishes rights or obligations, or both, relating to the dealer's new motor vehicle operation, including agreements relating to dealership facilities or site control. See Hawaii Revised Statutes 437-1.1
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Impact speed: means the maximum speed of impact tested upon the bumper of the vehicle pursuant to sections 581. See Hawaii Revised Statutes 437-1.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • licensed premises: means the premises in connection with which a license has been, or is proposed to be, issued, including branch locations. See Hawaii Revised Statutes 437-1.1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacturer: means any person, resident or nonresident, who is engaged in the business of manufacturing or assembling new motor vehicles. See Hawaii Revised Statutes 437-1.1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Motor vehicle: includes any vehicle, motor vehicle, or truck, as defined in §§ 249-1 and 249-2, except for tractors, trailers, and amphibious vehicles. See Hawaii Revised Statutes 437-1.1
  • New motor vehicle: means a motor vehicle that:

         (1)  Has not previously been sold to any person except a distributor, wholesaler, or dealer for resale, except where the vehicle has not left the dealer's possession after the sale to a consumer;

         (2)  Has not previously been registered or titled in the name of a consumer except where the vehicle has not left the dealer's possession after the sale to a consumer; and

         (3)  Has not been driven more than five hundred miles;

    provided that where a sale, registration, entitlement, or transfer of title of a motor vehicle, or the accrual of mileage thereon, is primarily for the purpose of evading this provision, the motor vehicle shall be deemed a new motor vehicle for the purposes of this chapter. See Hawaii Revised Statutes 437-1.1

  • New motor vehicle dealer: means a dealer who engages in the business of selling, at wholesale or retail, new motor vehicles or new and used motor vehicles. See Hawaii Revised Statutes 437-1.1
  • No damage: means that, when a passenger vehicle is subjected to impact testing conducted pursuant to the conditions and test procedures of sections 581. See Hawaii Revised Statutes 437-1.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Passenger vehicle: includes any vehicle, motor vehicle, or truck designed for carrying twelve persons or fewer and subject to impact testing conducted pursuant to Part 581 of Title 49 of the Code of Federal Regulations. See Hawaii Revised Statutes 437-1.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Relevant market area: means the following:

         (1)  In a county with a population of less than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be the county in which the dealer is located; or

         (2)  In a county with a population of more than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be within a radius of six miles from the dealership location. See Hawaii Revised Statutes 437-1.1

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Salesperson: means any person who for gain or compensation of any kind, directly or indirectly, by any form of agreement or arrangement, sells, solicits, offers for sale, exchanges, or otherwise deals in, motor vehicles or any interest therein on behalf of any motor vehicle dealer. See Hawaii Revised Statutes 437-1.1
  • Testify: Answer questions in court.
  • Treasurer: means the director of finance of each county. See Hawaii Revised Statutes 437-1.1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Used motor vehicle: means a motor vehicle other than a new motor vehicle. See Hawaii Revised Statutes 437-1.1
  • Used motor vehicle dealer: means a dealer who engages in the business of selling at wholesale or retail, or both, only used motor vehicles. See Hawaii Revised Statutes 437-1.1