New Jersey Kia Lemon Case Help
This page provides information about how Perlman-DePetris Consumer Law offers help to the owners of New Jersey Kia lemon vehicle owners.
Kia Automobiles Generally
With origins in the ultra modern Republic of Korea, a nation in eastern Asia on the southern part of the Korean peninsula, Kia has a history of automobile manufacturing going back over decades. Many believe Kia vehicles provide a good value for their dollar. Kia markets their cars and SUVs with creative model names. Who can forget the commercials featuring hamsters showing off a hip looking Kia Soul? Kia vehicles are often offered with warranties covering a long period of time or number of miles registered on the motor vehicle’s odometer. Kia is a world leader in making a wide variety of motor vehicles – from minivans, coupes and sedans to SUVs. Everyone recognizes Kia automobiles from their distinctive stylized “KIA” symbol. Some types of Kia automobiles include the Carnival, Soul, Seltos, Sportage, Nero, Sorento and Telluride. Kia automobiles are often sold with a new vehicle limited warranty which covers the replacement of certain parts and the performance of certain automotive labor performed on the automobile for a specific number of months or miles of travel as indicated on the odometer of the vehicle’s odometer. The Kia warranties that come with a car are very important to most car buyers. This is because, if something covered by the Kia warranty should go wrong with the car during their ownership, the buyer expects that the manufacturer will pay for required repairs and the replacement of parts. In this way, the car buyer expects to avoid expensive repairs for problems covered by their Kia warranty.
When Is A Kia Car Or SUV Considered A “Lemon” Under The New Jersey New Car Lemon Law?
The New Jersey New Car Lemon Law applies to the following motor vehicles:
- a passenger car, truck, SUV, recreational vehicle or motorcycle
- a passenger motorcycle
- motor homes, except their living facilities, which are excluded from the Lemon Law
- authorized emergency response vehicles
- purchased or leased in the State or which is registered by the Division of Motor Vehicles in the Department of Law and Public Safety
- purchased or leased by a buyer or lessee, other than for purposes of resale or sublease or transferred to someone during the duration of a warranty applicable to the motor vehicle or operated by any other person entitled by the terms of the truck, SUV, recreational vehicle or motorcycle’s warranty to enforce the obligations of the truck, SUV, recreational vehicle or motorcycle’s warranty.
A Kia motor vehicle would be considered a lemon under the New Jersey New Car Lemon Law if:
- Kia or its dealer
- is unable to repair or correct a defect or condition
- which substantially impairs the use, value or safety of such a motor vehicle
- within a reasonable time and during the vehicle’s first 24,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever happens first.
What Happens If I Prove That My Kia Is A Lemon Under The Lemon Law?
Under the New Jersey Lemon Law, if a consumer proves to a court that the manufacturer or its dealer was unable to repair or correct a defect that substantially impairs the motor vehicle’s use, value or safety within a reasonable time, the consumer is allowed to seek a refund. One way that a consumer wins the lemon refund is by filing a civil lawsuit in the Superior Court of New Jersey against the manufacturer of the vehicle. While you can file the civil lawsuit yourself, it is very risky to do so, since the manufacturer almost always hires an experienced defense attorney to fight your New Jersey Kia Lemon case. After you file the New Jersey Kia Lemon lawsuit, you must prove by a preponderance of the credible evidence each of the following five elements of the lemon lawsuit:
- The car buyer or car lessee plaintiff purchased/leased the vehicle manufactured by the manufacturer.
- The car, truck, lemon SUV, lemon recreational vehicle or motorcycle had a nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of the vehicle.
- The nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the lemon car buyer plaintiff or car buyer lessee, whichever is earlier.
- The car buyer or car buyer lessee reported the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the consumer, whichever is earlier.
- The vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time.
If the consumer proves all of these elements, then the court shall award the consumer a Lemon Law refund. If you file a New Jersey Kia Lemon lawsuit to win a refund, the court calculates the refund by determining the dollar amount of the refund and the consumer makes arrangements with the manufacturer to accept return of the vehicle and to pay off any vehicle finance loan or vehicle lease balance and to refund money that the consumer is owed from the refund. If you hire a lawyer to represent you in a New Jersey Kia Lemon case and you win a lemon refund, your lawyers can seek an award of their legal fees for working on the case, lawsuit costs and expert witness fees.
How Is A Kia Car or SUV Branded As A Lemon Under The New Jersey Lemon Law?
Sometimes, a Kia car or SUV is returned to the manufacturer under the New Jersey Lemon Law or a similar law of another state or from legal action. That action could be a New Jersey Kia Lemon lawsuit, arbitration hearing or other informal dispute settlement procedure. If the vehicle is returned to the manufacturer, the vehicle shall not be resold or released in New Jersey unless the manufacturer first has the vehicle’s title stamped “R - RETURNED TO THE MANUFACTURER UNDER LEMON LAW OR OTHER PROCEEDING.” The vehicle manufacturer must submit a copy of the stamped title to the New Jersey Motor Vehicle Commission so that the vehicle’s title may be permanently branded as a “Lemon”. The “Lemon” status of a vehicle is shown on a New Jersey vehicle title by the marking “L”. The New Jersey Division of Consumer Affairs keeps a list of vehicles with titles that were branded as a “Lemon”.
Examples Of Kia Vehicles Branded As Lemons Under The New Jersey Lemon Law
For a partial list of Kia cars and SUVs repurchased under the New Jersey Lemon Law or similar laws of other states, click here.
You can visit that site to check to see if any particular year, make and model of Kia was branded a lemon.
Lemon Help For New Jersey Buyers Of Kia Cars And SUVs
Perlman-DePetris Consumer Law offers New Jersey Kia lemon law, New Jersey car fraud and Kia warranty cases. New Jersey Kia lemon cases are often handled so that you don’t have to reach into your pocket to pay attorney’s fees. Other cases are handled for modest up front legal fees with additional fees due only if the case is successful and paid by the manufacturer or dealer. Don’t guess about your rights! Call for a no obligation phone consult. Legal help may be only a phone call away.
To Learn More, Get A No Obligation Consult
Call Perlman-DePetris Consumer Law for a no obligation phone consultation. Handling your New Jersey Kia Lemon case wrong from the beginning may only cost you more money and time in the end!! Try to do it right the first time by seeking legal advice from a competent lawyer! You might be entitled to be represented on a contingent basis, meaning that the attorney won’t get paid unless the New Jersey Kia Lemon case is successful and that the lawyer gets paid from your recovery instead of requiring you to pay attorney’s fees out of your own pocket up front. Other cases can be handled for a relatively small one-time payment of an up-front fixed attorney’s fee and with a contingent fee at the end of the case. Filing a claim yourself is very risky, since businesses often hire experienced defense attorneys to fight your case. Also, if you try to negotiate a settlement yourself, you may get less money than you deserve. You should always speak with an attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! Even if the facts of your case do not fit the requirements of a Lemon Law, you may be entitled to sue the manufacturer or its selling dealer for a breach of your warranties under other state and federal laws. If the manufacturer or selling dealer breached the warranties that came with your vehicle, you may be able to recover money damages, attorney’s fees and court costs.
While this page gives some general background information, there is the danger that relying on this information alone could lead you to lose your claim. Laws and regulations frequently change and the law may have changed since the posting of this webpage. Factual differences between your case and cases described on this webpage can affect your chance of success. Don’t attempt to rely on the internet as the only source of information for your claim! Instead, get competent legal advice from a New Jersey licensed attorney. Call Perlman-DePetris Consumer Law for a no obligation phone consultation.