California Lemon Law or is there some other recourse?

[oohlalaw]

What is the name of your state? California. Does our situation qualify for the Lemon Law, and if so, should we wait until the car is repaired before contacting counsel?

We purchased a new 2020 vehicle last year; all went well for 13 months until 3 warning lights (Forward Collision Avoidance Assist; Lane Keeping Assist and High Beam Assist) switched on and chimed. This happens 4-5 minutes after turning on the car, every time. Since that happened, two of the features/functions have not worked and the third one partially works. It took about a month to get an appointment at the dealer, and the repair has dragged on for over 3 months, so it has been over 4 months we have been waiting. The car is under warranty. We sent a letter of complaint to the dealership headquarters on 8 October but did not receive a reply.

We are an hour away from the dealer and have been there 5 times, often spending hours waiting only to be told we have to return – very time consuming and frustrating. They let us use a “basic’ loaner car for 3 weeks while waiting for parts, but it was so uncomfortable that we returned it and took our car back for some weeks.

The dealer finally said they received the parts so we took the car there on 2 November and they provided us with a “basic” rental car (no GPS, etc.) for the day. That afternoon they called us and said they would not be able to complete the repairs that day after all, so we should go home and use the rental car until they do. On Friday 5 November the dealer said they cannot predict then the repair will be done.

 

[Zigner]

https://dcba.lacounty.gov/portfolio/the-lemon-law/

 

[quincy]

What is the name of your state? California. Does our situation qualify for the Lemon Law, and if so, should we wait until the car is repaired before contacting counsel?

We purchased a new 2020 vehicle last year; all went well for 13 months until 3 warning lights (Forward Collision Avoidance Assist; Lane Keeping Assist and High Beam Assist) switched on and chimed. This happens 4-5 minutes after turning on the car, every time. Since that happened, two of the features/functions have not worked and the third one partially works. It took about a month to get an appointment at the dealer, and the repair has dragged on for over 3 months, so it has been over 4 months we have been waiting. The car is under warranty. We sent a letter of complaint to the dealership headquarters on 8 October but did not receive a reply.

We are an hour away from the dealer and have been there 5 times, often spending hours waiting only to be told we have to return – very time consuming and frustrating. They let us use a “basic’ loaner car for 3 weeks while waiting for parts, but it was so uncomfortable that we returned it and took our car back for some weeks.

The dealer finally said they received the parts so we took the car there on 2 November and they provided us with a “basic” rental car (no GPS, etc.) for the day. That afternoon they called us and said they would not be able to complete the repairs that day after all, so we should go home and use the rental car until they do. On Friday 5 November the dealer said they cannot predict then the repair will be done.

What make and model of vehicle did you purchase? Is there a recall on the vehicle?

There have been numerous delays with car repairs because of the delays in getting required parts from the ports to the dealerships. There is little that service shops can do to speed up the deliveries.

Here is a link to an overview of the Lemon Law and options you have in dealing with car repairs, followed by a link to California’s Lemon Law:

https://oag.ca.gov/consumers/general/cars

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1793.2&lawCode=CIV

 

[adjusterjack]

Does our situation qualify for the Lemon Law

I'm going to guess that your lemon law has to do with the number of times the same issue has to be repaired and not the amount of time it takes to repair the issue once.

Read the sources that you have been given.

 

[quincy]

I'm going to guess that your lemon law has to do with the number of times the same issue has to be repaired and not the amount of time it takes to repair the issue once.

Read the sources that you have been given.

The number of times a repair request over the same issue has been made is just one of the possible factors that can make a vehicle a lemon under the Lemon Law.

It probably would be worth oohlalaw’s time to seek out a lemon law attorney for a personal review. It is possible that oohlalaw can have his vehicle replaced or the purchase price of the vehicle refunded.

 

[Zigner]

From my link:

When does the Lemon Law apply?

California’s Lemon Law applies when a “reasonable” number of repair attempts have been made. This is called the Lemon Law Presumption.


The Lemon Law Presumption applies if all the following are true:

• The problems your car is having are covered under the manufacturer’s warranty.
• The problem first occurred within 18 months of delivery, or within 18,000 miles, whichever came first. (For major defects after this time frame, talk to an attorney.)
• The problem reduces the use, value or safety of the vehicle to you, and the problems were not caused by abuse.
• If the warranty or owner’s manual requires it, you have notified the manufacturer about the problems. (It’s best to have this in writing).

And if any one of the following is also true:

1. You’ve taken the car in for repairs four or more times for the same problem and it’s still not fixed.
2. You’ve taken the car in for repairs two or more times for a problem that is severe enough to cause death or serious bodily injury and it’s still not fixed.
3. The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problem covered by the warranty.

If your vehicle meets these criteria, the Lemon Law presumes a reasonable number of repair attempts have been made and you may be entitled to a replacement or a refund.

 

[quincy]

From my link:

When does the Lemon Law apply?

California’s Lemon Law applies when a “reasonable” number of repair attempts have been made. This is called the Lemon Law Presumption.


The Lemon Law Presumption applies if all the following are true:

• The problems your car is having are covered under the manufacturer’s warranty.
• The problem first occurred within 18 months of delivery, or within 18,000 miles, whichever came first. (For major defects after this time frame, talk to an attorney.)
• The problem reduces the use, value or safety of the vehicle to you, and the problems were not caused by abuse.
• If the warranty or owner’s manual requires it, you have notified the manufacturer about the problems. (It’s best to have this in writing).

And if any one of the following is also true:

1. You’ve taken the car in for repairs four or more times for the same problem and it’s still not fixed.
2. You’ve taken the car in for repairs two or more times for a problem that is severe enough to cause death or serious bodily injury and it’s still not fixed.
3. The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problem covered by the warranty.

If your vehicle meets these criteria, the Lemon Law presumes a reasonable number of repair attempts have been made and you may be entitled to a replacement or a refund.

I think oohlalaw probably is owed a replacement or a refund at this point.

 

[Zigner]

I think oohlalaw probably is owed a replacement or a refund at this point.

I'm not so sure - it's possible, but the description given doesn't make me super confident.

 

[quincy]

I'm not so sure - it's possible, but the description given doesn't make me super confident.

The only pause I have is the 13 months from purchase to vehicle issues. That could be a problem. But I believe oohlalaw’s time would be well spent speaking to a lemon law attorney.

 

[Zigner]

The only pause I have is the 13 months from purchase to vehicle issues. That could be a problem. But I believe oohlalaw’s time would be well spent speaking to a lemon law attorney.

They've got 18 months, so that's not a problem, so long as they were under the 18,000 miles when it started. I'm just not convinced that all the steps have been met. I agree that speaking to a lemon law attorney would be a wise move.

 

[quincy]

They've got 18 months, so that's not a problem, so long as they were under the 18,000 miles when it started. I'm just not convinced that all the steps have been met. I agree that speaking to a lemon law attorney would be a wise move.

I thought I read “18 months” somewhere ... but couldn’t find it again so changed my post to “13.”

 

[oohlalaw]

What make and model of vehicle did you purchase? Is there a recall on the vehicle?

There have been numerous delays with car repairs because of the delays in getting required parts from the ports to the dealerships. There is little that service shops can do to speed up the deliveries.

Here is a link to an overview of the Lemon Law and options you have in dealing with car repairs, followed by a link to California’s Lemon Law:

https://oag.ca.gov/consumers/general/cars

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1793.2&lawCode=CIV

Thank you for the links. It's a 2020 Kia Sportage EX. It had about 4,800 miles when we first took it for a diagnosis on 5 August. It had 5,200 miles when we left the car for servicing at the dealership on 2 November. We have not heard of a recall on the vehicle.

There have been several relatively minor but discouraging and annoying things happen. For example, on 5 August, we took the car for a diagnosis. After nearly half a day, they said they probably couldn't finish the diagnosis that day, and if we wanted a rental car, we should come back another day. (We are fairly certain all they did on that first day was determine it's a warranty issue.) When we returned on 11 August, we waited for an hour; supposedly the rental car was on the way back to Enterprise but never arrived, so the dealer gave us a loaner car. (That's the one we returned after 3 weeks as it was so uncomfortable.) I called the dealer on 15 August and was told that the parts had the green light for shipping, but when I called again on 19 August, they said it changed to a red light.

We returned the loaner on 2 Sep. Our Kia was supposed to be washed but was filthy from being parked outside for 23 days. We complained and they washed it. The car wash bent the front license plate cover and license plate plus a nut was missing. The rep did his best to straighten the plate, told us to order a new one and to give him the bill for Kia to pay. The cover to the front camera (behind the rear-view mirror) had been broken by Kia staff and was sitting on the passenger seat. We showed this to the rep and he said he'd replace it. We took the car to have that part replaced on 15 Oct; they replaced it, but a second part to the cover was missing so we'd have to return. Then they announced that the other parts for the original problem had just arrived, but we'd have to sit 5 hours and maybe they wouldn't finish. We are still waiting for the repair to be completed.

 

[oohlalaw]

The number of times a repair request over the same issue has been made is just one of the possible factors that can make a vehicle a lemon under the Lemon Law.

It probably would be worth oohlalaw’s time to seek out a lemon law attorney for a personal review. It is possible that oohlalaw can have his vehicle replaced or the purchase price of the vehicle refunded.

If possible, we would certainly like to have the vehicle replaced or the purchase price refunded.

We are going to seek a lemon law attorney. We saw an online ad for a firm that says they never charge any fees or costs and their consultations are free. The ad further states that the California Lemon Law includes an attorney fee provision which allows them to go directly after the manufacturer for their attorney fees and costs. Further down the page, it said they will not charge any up front fees or costs, as every fee and cost is advanced by their firm and recovered from the auto manufacturer at the conclusion of the case. Then fees/costs are mentioned such as filing fees, jury depositions, mediation fees, expert witness fees, postage, etc. Does this sound right?

 

[quincy]

Thank you for the links. It's a 2020 Kia Sportage EX. It had about 4,800 miles when we first took it for a diagnosis on 5 August. It had 5,200 miles when we left the car for servicing at the dealership on 2 November. We have not heard of a recall on the vehicle.

There have been several relatively minor but discouraging and annoying things happen. For example, on 5 August, we took the car for a diagnosis. After nearly half a day, they said they probably couldn't finish the diagnosis that day, and if we wanted a rental car, we should come back another day. (We are fairly certain all they did on that first day was determine it's a warranty issue.) When we returned on 11 August, we waited for an hour; supposedly the rental car was on the way back to Enterprise but never arrived, so the dealer gave us a loaner car. (That's the one we returned after 3 weeks as it was so uncomfortable.) I called the dealer on 15 August and was told that the parts had the green light for shipping, but when I called again on 19 August, they said it changed to a red light.

We returned the loaner on 2 Sep. Our Kia was supposed to be washed but was filthy from being parked outside for 23 days. We complained and they washed it. The car wash bent the front license plate cover and license plate plus a nut was missing. The rep did his best to straighten the plate, told us to order a new one and to give him the bill for Kia to pay. The cover to the front camera (behind the rear-view mirror) had been broken by Kia staff and was sitting on the passenger seat. We showed this to the rep and he said he'd replace it. We took the car to have that part replaced on 15 Oct; they replaced it, but a second part to the cover was missing so we'd have to return. Then they announced that the other parts for the original problem had just arrived, but we'd have to sit 5 hours and maybe they wouldn't finish. We are still waiting for the repair to be completed.

Thank you for providing the additional information.

There have been reported problems with some of the 2020 Kia Sportage models that has lead to a recall so you might want to check your vehicle’s VIN on the following NHTSA site:


https://www.nhtsa.gov/vehicle/2020/KIA/SPORTAGE/SUV/AWD#manufacturerCommunications

There are also some complaints about the vehicle on consumer sites.

You should ask any attorney you contact what his/her fees are - and these should be spelled out clearly (and explained to you) in any hiring contract you sign.

 

[oohlalaw]

Checked the VIN: "0 Unrepaired Recalls associated with this VIN."

Thanks for your helpful replies.