California Kia Lemon Law Attorney

Kia Lemon Law Lawyer in California

If you or someone you know has recently purchased a Kia but discovered that it has material defects or issues, you should contact a California Kia Lemon Law Attorney. Sadly, it’s not uncommon for recently purchased cars to show signs of serious defects. This could be a problem with the suspension, air conditioning, fuel valves, etc. No matter what model of Kia you purchased, if it’s under warranty, you have legal options to get the situation resolved.

Common Kia Defects

Even though Kia has been successfully producing cars for decades, there is always a possibility of a defect or recall. Manufacturing mistakes, design issues, or system disruptions can cause a faulty car to be sold and driven off the lot. A wide range of defects could reveal themselves, causing a Kia to be considered a lemon. These defects could appear months, weeks, or even days after buying the vehicle. Some common defects that consumers report are:

• Overheating.
• Transmission slippage.
• Software issues.
• Leaks.
• Stalling.

What’s Covered Under California Kia Lemon Laws?

California lemon laws cover new and used vehicles that come with factory warranties, including all of the types of vehicles manufactured by Kia. They apply whether you purchased or leased the vehicle for personal use or business use, provided the fleet has fewer than five vehicles in it that weigh less than 10,000 lbs. The problems your vehicle is having should be covered as long as:

• The manufacturer or dealership has been offered a reasonable number of attempts to repair it.
• The issue is covered under the manufacturer’s warranty.
• The issue first occurred within either 18,000 miles or 18 months of delivery.
• The issue reduces the use, value, or safety of the vehicle.
• The issue was not caused by abuse.
• You have notified the manufacturer about the problems if required by the warranty.

Common Problems

Common problems covered under the lemon law include:

• Engine or transmission issues. If the engine or transmission malfunctions and it can’t be repaired in four attempts or 30 days, your car is a lemon.
• Electrical system failures. Electrical issues can lead to unexpected vehicle failures, which can pose a significant safety risk and affect the use of the car.
• Safety feature failures. Airbags, brakes, and seat belts all need to function as intended to avoid serious injuries in the event of a crash. If they’re defective, you only need to undergo two repair attempts before you can seek compensation in the Golden State.
• Climate control failures. Air conditioning and heating systems must work as intended. If they break down frequently despite repair attempts, they may be defective.
• Major body issues. Major body issues that impact the use of the car or its value, such as structural or frame defects, severe factory paint flaws, improperly fitted panels, or latch and lock failures, can all qualify you for a refund or replacement under California lemon laws.

Minor defects can also qualify a vehicle as a lemon in California, but only if they substantially impair the use, value, or safety of the car. Minor cosmetic issues don’t generally meet this standard, while recurring or persistent problems such as malfunctioning electronics usually do. They can significantly interfere with the daily use of the vehicle or decrease its value. Defects not covered under California lemon laws include:

• Non-substantial defects
• Defects due to misuse
• Defects due to unauthorized modifications
• Defects outside the warranty period
• Regular wear and tear

If you’re not sure whether your vehicle’s defects are covered, the first thing you should do is contact a California lemon lawyer regarding your legal options.

What to Do If You Have a Lemon?

Once you determine that you have purchased a lemon and that your vehicle is covered under warranty, you should notify the manufacturer or dealership as soon as possible. The manufacturer must be given a reasonable number of attempts and a reasonable amount of time to address the issue. If, after multiple attempts, the issue is not fixed, you could request a buyback.

The buyback can lead to three possible outcomes.

• Replacement: The manufacturer will be required to replace your vehicle with a similar model at no cost to you.
• Refund: The manufacturer will repurchase the vehicle from you, essentially giving you a refund. Any sales tax, registration fees, and monthly payments made to date could be recovered as well.
• Cash out and keep: The final option, although much more rare than the first two, is the cash-out and keep option. This means you could receive cash compensation for your defective vehicle while keeping it.

Why Hire a Kia Lemon Law Attorney?

In 2023, over 3.3 million Kias and Hyundais were recalled for engine failures and fire risks. Needless to say, Kias often qualify for buyback or replacement under California lemon laws, and you don’t have to have experienced this particular problem for your car to qualify.

If you’ve purchased a vehicle that retains its warranty coverage and has a covered defect, you can hire a lemon law attorney to help you hold the manufacturer or dealership accountable for resolving your vehicle issue. A Lemon Law attorney can provide a tremendous amount of help along this process. Negotiating with the manufacturer can be difficult. You should expect them to push back against your claim.

You may need an experienced Lemon Law attorney to help you get the results you deserve. Aside from helping with the negotiation process, an attorney can gather evidence, make sure everything is documented, and certify that all legal deadlines and procedures are met appropriately.

FAQs

How Much Does a Lemon Lawyer Charge in California?

How much a lemon lawyer charges in California varies depending on the fee structure of the attorney and the value of the vehicle. Some attorneys may charge an hourly fee, and some may charge a fee contingent on the successful outcome of the case. In California, the Lemon Law allows attorney fees to be paid for by the auto manufacturer. At Lemon Law Pro, we support our clients through these claims by refusing to take money up-front and instead collect our fee from the at-fault party.

What If My Warranty Has Expired?

If your warranty had expired when the defect or issue was discovered, you may not be covered under Lemon Law. Lemon Law is only applicable if your issue occurred, was discovered, or was first reported while the warranty was still active. If your warranty has since expired but was still active when you first reported the issue, then you can still qualify for Lemon Law protection. You should speak with a legal professional who can review your situation and advise you on how to proceed.

Can a Used Vehicle Qualify for a Lemon Law Buyback in California?

Yes, a used vehicle can qualify for a Lemon Law buyback in California as long as it is under a manufacturer’s warranty. It does not matter if the vehicle is used, new, or leased; if the warranty is in place, it can qualify. The California Lemon Law is in place to protect consumers who were misled or who purchased a defective vehicle. If you are wondering if your vehicle qualifies for a lemon law buyback, you should first check the warranty.

What Is the Formula for Lemon Law Buyback in California?

The formula used for Lemon Law buyback in California accounts for the miles driven before the vehicle’s first repair attempt and the purchase price of the vehicle. The calculation is miles driven divided by 120,000 miles, times the price of the vehicle. The 120,000 miles number represents that vehicle’s expected life. This is set by California Civil Code 1793.2 and it’s the same for every vehicle. Also included in the buyback could be sales tax, registration fees, etc.

What If I Bought My Kia From the Dealership “As Is”?

If you bought your Kia from the dealership under an “as is” agreement, that usually means you have no Lemon Law protection. An “as is” agreement often means there is no active warranty in place, and you take full responsibility for the condition of the vehicle once you drive it off the lot. Dealers are usually required to display the “as is” clause clearly on the buyer’s guide of the vehicle. You should be careful to understand the consequences before buying under this agreement.

Legal Support for You

Buying a new Kia can be a very exciting time, but if you soon discover your car has material defects, you should speak with an attorney immediately. If the defects are substantial enough to affect the use, value, or safety of the car, you may have a case for a Lemon Law buyback. The next step would be to check the manufacturer’s warranty to make sure you are covered. With an attorney’s help, you can proceed with filing a claim.

At Lemon Law Pro, our legal team takes pride in assisting individuals at no charge. We offer free consultations and collect payment from the manufacturer or dealership responsible for the vehicle defects. The Lemon Law process can be tricky to navigate on your own, so engage the help of one of our experienced attorneys. You can lean on our legal experience and acumen to successfully resolve your case. Contact us today at one of our offices.