Diaz v. Kia Motors America, Inc.


In August 2017 our clien purchased a new 2017 Kia Forte LX, from Palm Springs Kia in Cathedral City, in Riverside County. Kia Motors America was the manufacturer and/or distributor of the 2017 Kia Forte LX. The car was sold to our client with a 5-year/60,000-mile basic warranty and 10-year/100,000-mile powertrain warranty from Kia. These are express warranties under California’s Song-Beverly Consumer Warranty Act, also known as the “Lemon Law.” The Lemon Law provides protections for consumers when warranties are breached.

Rosner, Barry & Babbitt, filed a lawsuit on behalf of our client alleging the 2017 Kia Forte LX was delivered with serious defects. The lawsuit alleges that the defects appeared within 3 days of being sold to our client, when the “check engine” light suddenly illuminated on the dashboard. Repairs were attempted by Kia’s authorized repair facilities. Our client was informed that the problem had “corrected itself.” Guess what? The problem did not “correct itself.” The lawsuit alleges that a few days later the “check engine” light, once again, illuminated on the dashboard and that the defects with the 2017 Kia Forte affected the use, value, and safety of the car as they relate directly to performance, control, and confidence

Our client took his Kia Forte in for further repairs and was informed that metal shaving had been found in the engine. The problem was so severe that the entire engine in his new Kia Forte needed to be replaced. After having replaced the engine, Kia’s repair facility informed him that the new engine did not repair the Kia Forte LX. Additional or continuing defects existed and the car now needed to undergo further repairs. Kia did not return the car to our client until after it had been in Kia’s repair facilities for 27 straight days.

If you believe that you bought, or leased, a Kia “Lemon” do not hesitate to contact the law firm of Rosner, Barry & Babbitt. We can handle your lemon claim for you, start to finish. It does not matter the year, make or model of the vehicle, or whether it is new or used. It could be any car, any sedan, hatchback, truck or SUV with an express warranty from a dealer or manufacturer. The Lemon Law covers a variety of vehicles, not just automobiles, and applies to sales and leases. Please contact leonard@rbblawgroup.com. Our office will provide you with a FREE evaluation of your lemon law situation.