Free Hawaii As-Is Bill of Sale
Hawaii's lemon law (HRS § 481I) applies only to new vehicles purchased from dealers — private as-is sales receive no lemon law protection whatsoever. Under Hawaii UCC (HRS § 490:2-316), an 'AS IS' disclaimer must be conspicuous (bold, uppercase, or otherwise set apart) to legally exclude implied warranties. The #1 risk in a Hawaii private sale is known-defect concealment, which remains actionable under common law fraud regardless of any as-is clause.
Free PDF includes a small watermark at the bottom. Remove it for €4.99.
Hawaii As-Is Bill of Sale — What You Need to Know
Sales Tax Details
Hawaii does not have a traditional sales tax. A 4% General Excise Tax (GET) applies to vehicle sales, including private as-is transactions.
Inspection Requirements
Hawaii requires an annual safety inspection. Buyers should verify the current inspection sticker is valid; as-is sales do not waive the inspection requirement for the new owner.
Hawaii As-Is Sale — Step-by-Step Checklist
- Write 'AS IS — NO WARRANTIES EXPRESSED OR IMPLIED' in bold uppercase on the bill of sale to satisfy HRS § 490:2-316 conspicuousness requirement.
- Disclose all known defects in writing on the bill of sale; undisclosed known defects can support a common law fraud claim even after an as-is sale.
- Verify the vehicle has a current Hawaii safety inspection sticker; the buyer will need a valid inspection to register the vehicle.
- Complete a Hawaii title transfer — sign the back of the title over to the buyer and record the sale price accurately for GET purposes.
- Collect the 4% General Excise Tax or confirm the buyer understands they are responsible for it; gifts and as-is private sales are still subject to GET.
- Record the odometer reading on the bill of sale as required by federal law (Truth in Mileage Act) for vehicles under 10 years old.
- Retain a copy of the signed bill of sale for your records for at least 3 years.
Common Pitfalls
- Writing 'as is' in small print within a paragraph — Hawaii UCC requires the disclaimer to be conspicuous; buried fine print can be voided by a court.
- Failing to disclose a known defect and relying solely on the as-is clause — Hawaii courts can pierce the clause under common law fraud if the seller had actual knowledge.
- Assuming Hawaii's Consumer Protection Act (HRS § 480-2) protects you as a private seller — it applies to businesses, not individuals, but fraud claims still reach private parties.
- Selling without confirming the safety inspection is current — the buyer cannot register the vehicle without a passing inspection, leading to post-sale disputes.
Pro Tip
In Hawaii, a properly worded conspicuous as-is clause combined with full written disclosure of known defects gives private sellers the strongest legal protection available. Never rely on the as-is language alone — documented disclosure is your real shield.