Specific Auto Problems

Kia Warranties May Apply to Used Cars

Posted by Howard Gutman | May 03, 2024 | 0 Comments

Stiles v. Kia Motors America, Inc. Court: California Courts of Appeal (Justia opinion summary excerpt) 

In April 2013, Brandi Stiles and Abel Gorgita purchased a 2011 Kia Optima, which was manufactured and distributed by Kia Motors America, Inc. At the time of purchase, some of Kia's original warranties were still in effect, including the basic and drivetrain warranties. The car developed serious defects covered by the warranties, including issues with the transmission, electrical system, brakes, engine, suspension, and steering. Despite multiple attempts, Kia was unable to repair the defects. Stiles and Gorgita alleged that Kia failed to replace the car or make restitution as required under the Song-Beverly Consumer Warranty Act.

Kia demurred to the first amended complaint, arguing that the remedies sought under the Song-Beverly Act apply only to new motor vehicles, and the car purchased by Stiles and Gorgita was not a "new motor vehicle" as defined in the Act. The trial court sustained Kia's demurrer, relying on a previous case, Rodriguez v. FCA US, LLC, which held that a used motor vehicle with an unexpired warranty is not a "new motor vehicle" under the Song-Beverly Act.

The court held that a previously owned motor vehicle purchased with the manufacturer's new car warranty still in effect is a “new motor vehicle” as defined by the Song-Beverly Act. Therefore, the replace or refund remedy of the Act applies. The court rejected Kia's argument that the Act's definition of a "new motor vehicle" should be limited to vehicles that have never been previously sold to a consumer and come with full express warranties. The court also rejected Kia's argument that Stiles and Gorgita's interpretation of the Act conflicts with its implied warranty provisions.

Experiencing vehicle troubles? Consider potential claims, including:
  • Magnuson-Moss Claim: Federal law protects consumers with warranty-related defects.
  • Breach of Implied Warranty Claim: Your vehicle should meet quality and performance standards.
  • Lemon Law Claim: Seek relief for persistent defects impacting safety or value.
  • Deceptive Practices Claim: Misleading actions during purchase or repair may entitle you to compensation.
  • Breach of Express Warranty Claim: Hold manufacturers accountable for warranty promises.

Call (973) 598-1980 (or attorney cell (973) 479-5515) for a Free Consultation on Your Kia Warranty Issue

About the Author

Howard Gutman

Hiring an attorney can be a stressful and confusing situation.  You want an expert, honest, personal approach to your case.  The Law Office of Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years.  We have a deep knowledge of fraud, consumer,...


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