§481L-1 - Definitions. - Hawaii Statutes

     [§481L-1]  Definitions.  Whenever used in this chapter, unless the context otherwise requires:

     "Adjusted capitalized cost" means the gross capitalized cost, less the capitalized cost reduction, and is the amount used by the retail lessor in calculating the base periodic payment in the lease agreement.

     "Capitalized cost reduction" means the total amount of any rebate, cash payment, net trade-in allowance, check, credit card debit, and noncash credit or downpayment that reduces the gross capitalized cost, but does not include any periodic lease payments due at the inception of the lease or all of the periodic lease payments if they are paid at the inception of the lease.

     "Clear and conspicuous" means that written disclosures shall be made in a manner that is readable and understandable to the retail lessee and oral disclosures shall be made in a manner that is audible and understandable to the retail lessee.

     "Gross capitalized cost" means the amount agreed upon by the retail lessor and the retail lessee as the value of the motor vehicle and any items that are capitalized or amortized during the lease term, including but not limited to taxes, insurance, service agreements, registration fees, license fees, lease acquisition and administration fees, warranty charges, fees and charges for accessories and for installing accessories, charges for delivery, service and repair, charges for improving the motor vehicle and providing other services incidental to the agreement, the outstanding balance of a prior loan agreement, lease or motor vehicle retail installment contract, and the unpaid portion of the early termination obligation under an outstanding lease agreement.

     "Lease agreement" means a written agreement for the transfer from a retail lessor to a retail lessee of the right to possess and use a motor vehicle in exchange for consideration for a scheduled term exceeding four months, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle upon expiration of the agreement.  The term does not include an agreement which covers an absolute sale, a sale pending approval, or a retail installment sale.

     "Lease transaction" means a presentation made to the retail lessee concerning the motor vehicle, including a sales presentation or a document presented to the retail lessee, resulting in the execution of a lease agreement.

     "Motor vehicle" means a motor vehicle as defined in section 286-2.

     "Retail lessee" means an individual who executes a lease agreement for a motor vehicle from a retail lessor primarily for personal, family, or household purposes.

     "Retail lessor" means a person who regularly engages in the business of selling or leasing motor vehicles and who offers or arranges a lease agreement for a motor vehicle.  The term includes an agent or affiliate who acts on behalf of the retail lessor.

     "Worksheet" means the primary document or documents used by the retail lessor to derive the monthly lease payment for a specific lease transaction. [L 1997, c 82, pt of §1]

 

Cross References

 

  Lessee, defined:

    Lemon law, §481I-2.

    Motor vehicle rental, §437D-3.