Kia Lemon Law

[tgough2002]

What is the name of your state? California

I bought a 2001 Kia Optima brand spanking new. It will be two years this September that we own it. In the last two years I have taken the car in six times to get fixed for the same problems,(window will not roll up, doors lock you in or are extremely hard to open when locked).

I took the car to be fixed for the above problems in the end of April. They advised me they will fix the window problem, but the locks will take some time to fix. They had the car for three days to fix the window then they gave it back to me, without the windows being fixed. I took the car back in June to be fixed for the locks and windows again. They had the car for 4 weeks, literally four weeks at the dealership, and the problem is still not fix.

I was recently advised that this might fall under the lemon law. Please advise me what I can do!

Tim Gough

[HomeGuru]

I thought a Kia was a lemon on wheels anyway.

[tgough2002]

You may be right about the KIA as a lemon now, but I did get a great deal on it!

[I AM ALWAYS LIABLE]

[quote]Originally posted by tgough2002


"I did get a great deal on it!"

=======================================

My response:

Do you mean, when it was new, they paid you to take it off their lot?

Kia . . .

Translation . . .

One step up from a "Yugo".

IAAL

[tgough2002]

Becuase I bought a KIA that means I am ineligible to receive any assistance?

[I AM ALWAYS LIABLE]

[quote]Originally posted by tgough2002


Becuase I bought a KIA that means I am ineligible to receive any assistance?

=======================================

My response:

I believe the California "Lemon Law" specifically excludes KIA. I think it's actually in the Statute. If not, it should!

Look, did you ever read your vehicle's "User Manual"? The Lemon Law procedures are in there. You know, that manual makes GREAT bathroom reading!

Warranty claims against motor vehicle manufacturers must be submitted to a "qualified" third party dispute resolution process, if one has been adopted by the manufacturer, before the buyer can take advantage of certain statutory presumptions. [Ca Civil § 1793.2; Ca Bus & Prof §§ 472-472.5]

The Song-Beverly Act (Ca Civil § 1790 et seq., popularly known as the automobile "lemon law") contains a cost-shifting provision that expressly allows prevailing plaintiffs (buyers) to recover their costs (Ca Civil § 1794(d)). However, the Act contains no comparable provision for prevailing defendants (sellers). Because the Act does not expressly provide whether or how prevailing defendants recover their costs, they may recover costs pursuant to Ca Civ Pro § 1032(b). [Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 988, 999, 73 Cal.Rptr.2d 682, 690; Mitchell v. Blue Bird Body Co. (2000) 80 Cal.App.4th 32, 36-37, 95 Cal.Rptr.2d 81, 83-84]

Similarly, the automobile "lemon law" authorizes fees "reasonably incurred by the buyer" (Ca Civil § 1794(d)). This has been held to limit fee awards to the hourly rates at which the client was actually billed although "reasonable" rates were higher. [Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104-105, 37 Cal.Rptr.2d 149, 152]

IAAL

[tgough2002]

Thank you for your response. I will look in my owner's manual and see what I need to do to get this fixed.