Feeling stressed and overwhelmed due to constant repairs on your defective Kia? We understand your frustration, it must be hard for you. No car owner should have to deal with a lemon and feel helpless to get the issue resolved.
In this article, we will guide you on how to decisively resolve your lemon car problem by getting rid of your defective Kia and receiving financial compensation under the California Lemon Law.
We will provide details on the Kia Lemon Law buyback program, qualifications for compensation, and common defects found in Kia vehicles.
Furthermore, we will discuss which car models are affected and guide you through our 4-Step Plan to file a Kia Lemon Law claim in California.
What is the Kia Lemon Law Buyback Option?
The California Lemon Law, formally known as the California Song-Beverly Consumer Warranty Act, offers a remedy called a buyback or repurchase to compensate customers who have purchased or leased a defective Kia.
In essence, the Kia Lemon Law buyback settlement option occurs when Kia agrees to repurchase the vehicle from the customer and provides a settlement amount that includes:
- The total amount you initially paid for the vehicle.
- All sales tax and financing charges that were paid.
- Car registration fees.
- Any monthly payments you have already made.
- Any outstanding balance on your car loan.
- All expenses related to repairs.
- Costs for towing and alternative transportation.
- Any applicable civil penalties.
- Legal fees and expenses associated with court filings.
In a Lemon Law claim, you have the potential to achieve a buyback settlement outcome through:
- Engaging in negotiations with Kia.
- Winning a favorable court decision.
- Participating in arbitration proceedings with the company.
In the next sections, we will explore how this process works and the criteria that your Kia vehicle must satisfy to be eligible for compensation.
How Does The Kia Buyback Program Work?
Under the Kia buyback program, customers who have purchased a faulty vehicle from the car manufacturer can receive compensation through a repurchase or buyback arrangement. This program applies to both newly purchased or leased vehicles and used Kia vehicles, provided that the defects were recognized and repairs were made during the vehicle’s initial warranty period.
How do I get Kia to buy back my vehicle?
To qualify for compensation under this program, your Kia must meet certain requirements, which we will cover in the following section. Additionally, you must file a Lemon Law claim.
When submitting a claim, it’s important to keep two points in mind:
Firstly, the defects or issues should have a notable negative impact on the vehicle’s use, functionality, safety, and resale value.
Secondly, Kia must have been aware of these defects, had the chance to fix them, and failed to do so despite several attempts. Please refer to the minimum number of repair visits (listed in the following section) required to meet the legal standards.
Is a Kia buyback the same as a trade-in deal?
No, a Kia lemon buyback is different from a car trade-in. A car trade-in involves exchanging your old vehicle, based on its current depreciated market value, for a discount towards the purchase of a new vehicle. However, in a lemon law buyback, the manufacturer repurchases your car and reimburses you the entire amount you originally paid for it, along with any related expenses outlined in the previous section.
In the next section, we will provide detailed information on the criteria your Kia must meet in order to be considered a lemon and eligible for compensation.
Is Your Kia Eligible for a Lemon Law Buyback?
To be eligible for compensation under the California Lemon Law, a faulty Kia vehicle must satisfy at least one of these specific criteria outlined below:
- The car has been taken to the dealership for repairs at least twice due to a significant safety defect (ex. steering problems, transmission issues, suspension defects, etc.).
- The car has been brought to a Kia dealership at least four times for a non-safety issue.
- The vehicle has remained at the dealership for repairs for a cumulative total of more than 30 days, for any combination of defects.
If any of these conditions are met within the initial 18 months or 18,000 miles, the car is automatically presumed to be a lemon under the Legal Presumption of Lemon Law.
If you are delayed in filing a case or the car issues occurred after the initial 18 months or 18,000 miles, you still have the right as a consumer to pursue a claim. In fact, your car may still be eligible for compensation beyond this timeframe if the defects or issues started during the warranty period.
Kia, in fact, has an industry-leading warranty program with a 5-year or 60,000 mile limited Basic Warranty and a 10-year or 100,000 mile limited Powertrain Warranty (accurate as of December 2023). For more information, please visit Kia’s official Warranty Options page.
Common Issues Found in Kia Vehicles
Although various Kia vehicle models may have unique defects, there are several recurring issues that can be noticed across multiple models. Many Lemon Law suits against Kia are due to the presence of one or more of these problems. Here are a few examples:
- Check engine light
- Early headlamp failure
- Engine overheating
- Faulty sensors
- Anti-theft prevents starting
- Transmission slippage/jerking
- Electrical issues
- Emergency brake failure
- Excessive oil consumption
- Defective seat belts
- Faulty airbags
- Suspension issues
- Steering pulls in one direction
These are just a few examples of Kia vehicle problems and you could be encountering a different issue with your Kia. The one important point to remember is that any persistent or repeating defect that substantially impairs the use, safety, or resale value of the vehicle can be grounds for filing a complaint.
Lemon Law Coverage: Eligible Kia Models
Curious about which Kia models are covered by the Lemon Law? In California, the Lemon Law protects the following Kia vehicle models:
| KIA MODELS | BODY STYLE |
|---|---|
| Kia Cadenza | Sedan |
| Kia Forte | Sedan. Coupe. Hatchback. |
| Kia K900 | Luxury Sedan |
| Kia Niro | Compact Crossover |
| Kia Optima | Sedan |
| Kia Rio | Compact Sedan. Hatchback. |
| Kia Sedona | Passenger Van |
| Kia Sorento | Crossover |
| Kia Soul | Compact Crossover |
| Kia Sportage | Compact Crossover |
| Kia Stinger | Luxury Sedan |
| Kia Telluride | SUV |
If you reside in California and own a faulty Kia (any of the models listed), which is still protected under the manufacturer’s original warranty, you may be eligible for compensation.
Our team currently provides Lemon Law claims assistance to owners of these Kia models from the years:
- 2019
- 2020
- 2021
- 2022
- 2023
- 2024
As you may have noticed, we are very precise about these model years because California applies a Statute of Limitations to Lemon Law claims, and earlier models may no longer be eligible for compensation.
The Kia Buyback Process: Our 4-Step Plan
The Kia buyback process under California’s Lemon Law is typically a simple, four-step procedure:
Step 1: Find Out If You Have A Case
The initial step is to assess the viability of your case. Many lemon lawyers in California provide a complimentary initial consultation that you should take advantage of to have a legal professional evaluate your situation.
Step 2: Hire an Attorney
After confirming that you have a strong case, the subsequent step is to engage the services of a knowledgeable California Lemon Law attorney. Regardless of the approach you choose to seek a settlement, having a skilled lawyer by your side substantially enhances your likelihood of achieving a favorable outcome.
Step 3: Case Build-Up
It is crucial to maintain proper documentation of all your repair visits. Documents such as repair orders and invoices issued by the Kia dealership each time you take your vehicle for repairs will later be used as evidence in your case. Additionally, other documents such as warranty papers, repair-related receipts, etc. may also be necessary to substantiate your case.
If the number of repair visits falls short of the requirement, your attorney may recommend that you return your vehicle to the Kia dealership for additional repairs. This is to ensure that you meet the necessary qualifications for pursuing your Lemon Law claim.
Step 4: File Your Claim
Once all the necessary documentary evidence is gathered and all legal requirements are met, your attorney will initiate the process of filing a lawsuit. Once the case is officially filed in court, Kia will be obligated to adhere to a strict timeline when responding to your compensation claim.
What to Expect
The reality is that pursuing a Lemon Law claim in California without substantial supporting evidence is unlikely to succeed. To ensure a favorable outcome, a competent Lemon Law attorney will always ascertain that all requirements are met before filing a claim. Manufacturers are aware of this and often prefer to negotiate a settlement agreement to avoid a costly and protracted legal battle that they could potentially lose.
However, if the settlement offer proposed by Kia is deemed unsatisfactory, your attorney may advise proceeding to trial. The objective is to secure a more favorable settlement proposal and ensure that you receive fair compensation for your defective Kia.
Alternative Approaches to Settle Your Kia Lemon Law Dispute
Aside from the Kia Buyback settlement, there are alternative routes for the auto manufacturer to compensate you for your defective vehicle. The two primary options are Vehicle Replacement and Cash and Keep Settlement.
Vehicle Replacement
Instead of repurchasing the vehicle, Kia may offer to replace the problematic vehicle with a similar make and model that is free from any defects or issues covered by the Lemon Law. By choosing this option, you can obtain a fully functional vehicle without the persistent problems you have encountered.
Cash and Keep Settlement
Another alternative is a cash settlement proposed by Kia, allowing you to retain the defective vehicle. This negotiated amount aims to account for the diminished value of the vehicle due to its ongoing issues. With this choice, you have the flexibility to keep the vehicle while also receiving financial compensation for its defects.
In actual fact, these settlement options can vary depending on the specific circumstances of your case and ongoing negotiations with Kia. You should seek the guidance of a Lemon Law attorney who can assist you in evaluating the available options and pursuing the most advantageous resolution for your case.
Kia Lemon Law Buyback: The Best Resolution
The Kia Lemon Law buyback is the most favorable outcome you can expect when seeking compensation for your defective vehicle.
Under this arrangement, if your car meets the eligibility criteria, Kia is committed to repurchasing the defective vehicle and reimbursing you for the full amount you originally paid for it.
While there may be some deductions, such as mileage offset, securing a buyback settlement ensures that you not only recover the entire purchase price of the vehicle, but you’re also reimbursed for any out-of-pocket expenses you incurred for repairs, towing, and temporary rental vehicles during the repair process.
All factors considered, the Kia Lemon Law Buyback settlement is undoubtedly the most advantageous resolution for a Lemon Law claim involving a defective Kia in California.
Watch VIDEO: Consult a Kia Lemon Law Attorney For Free
Talk to a KIA Lemon Law Attorney Today
As part of our 4-step plan to file a Lemon Law claim, the first step is to determine if you have a viable case. This can be achieved by consulting with a knowledgeable Kia Lemon Law lawyer.
In California, reputable Lemon Law attorneys offer a FREE initial consultation, and we highly recommend taking advantage of this opportunity to discuss your case and have it professionally evaluated.
During the consultation, your attorney will carefully assess the strength of your case, tailor a legal strategy to your specific circumstances, and provide essential guidance and updates throughout the entire process.
No Win, No Fee
The best part is that you won’t have to bear any financial burden for these services. That’s right! You can have a top-notch attorney representing you without any upfront costs.
In California, Lemon Law attorneys operate on a “no win, no fee” basis. This means that their fees are covered by the manufacturer (Kia) as part of the settlement, and they only receive payment if they succeed in winning your case!
So, don’t overthink this situation. It’s time to address your lemon problem and secure the compensation you rightly deserve. Remember, the law is on your side, and you shouldn’t be stuck with a lemon!
ABOUT KIA
Kia, formerly known as Kyungsung Precision Industry and Kia Motors Corporation, is an automobile manufacturer headquartered in Seoul, South Korea. It is the second largest automaker in South Korea, following its parent company, Hyundai Motor Company. In 2019, Kia sold over 2.8 million vehicles, making it a major player in the automotive industry.
In the United States, Kia Motors America (KMA) is based in Irvine, California, and operates through a network of over 755 dealers nationwide. Kia’s manufacturing plant in West Point, Georgia has successfully produced over 3 million units of popular models such as the Kia Sorento, Kia Optima, and Kia Telluride.
Kia has received numerous accolades, with J.D. Power ranking the brand as the highest in initial quality among mass market brands for five consecutive years (2015-2019). Known for their affordability, Kia vehicles have been able to compete with luxury brands.
However, like any other manufacturer, Kia has encountered instances where vehicles exhibit serious safety concerns during the warranty period. In a study conducted by the CALPIRG Education Fund, Consumers for Auto Reliability and Safety (CARS) Foundation, and Frontier Group from 2018 to 2021, Kia ranked 7th in California for the highest number of Lemon Law cases per car sold during that period.