Kia Telluride Lemon Law Case Study
A Brand-New Kia Telluride With a Persistent Rear Noise That Kia Could Not Diagnose or Fix Across 4 Visits
Our clients — a couple in South Florida — purchased a new Kia Telluride and almost immediately began experiencing a troubling defect: an unexplained noise emanating from the rear of the vehicle that occurred consistently under normal driving conditions. The sound was persistent, repeatable, and could not be explained by the dealership despite four separate service visits.
What made this case particularly notable was not just the number of repair attempts, but the dealership's complete inability to identify the root cause. Across all four visits, Kia technicians were unable to diagnose the source of the rear noise with certainty — let alone repair it. By the time the clients contacted Easy Lemon, the vehicle had accumulated over 40 cumulative days out of service, far exceeding Florida's 15-day statutory threshold under the Lemon Law Rights Period.
Easy Lemon filed a formal demand against Kia America under the Florida Motor Vehicle Warranty Enforcement Act. Kia, recognizing both the documented repair history and the significant days-out-of-service accumulation, agreed to a full manufacturer buyback of the vehicle. Our clients received their funds in early 2026 — paying $0 in attorney fees throughout the entire process.
What Went Wrong
- Persistent rear noise from day one: The defect presented as an unexplained sound originating from the rear of the vehicle — consistent, repeatable, and present under normal driving conditions. The sound was not intermittent or subtle; it was a recurring complaint the clients raised from the first service visit and continued raising across every subsequent visit without resolution
- Dealership unable to diagnose root cause: Despite four separate service visits, Kia technicians were unable to conclusively identify the source of the rear noise. This inability to diagnose — not merely to fix — demonstrates the depth of the issue. When a manufacturer's authorized service facility cannot even locate the origin of a consistently reported defect across multiple attempts, it is strong evidence that the defect is beyond their technical capacity to repair
- 40+ cumulative days out of service: Between the first repair visit and the Final Repair Attempt (FRA) at Sunset Kia of Venice in July 2025, the vehicle accumulated more than 40 cumulative days out of service. This total is nearly three times Florida's 15-day statutory threshold — meeting the out-of-service qualification ground by a substantial margin
- Defect unresolved through Final Repair Attempt: Florida lemon law requires that the manufacturer be given a reasonable final opportunity to cure the defect. Easy Lemon arranged for a formal Final Repair Attempt (FRA) at Sunset Kia of Venice on July 3, 2025. Following the FRA, the underlying noise defect remained unresolved, satisfying the legal requirement to establish that the manufacturer had been given every reasonable opportunity to repair the vehicle
Four Visits, 40+ Cumulative Days Out of Service, and a Rear Noise That Kia Never Fixed
Visit 1 — Initial Complaint: Unexplained Noise From the Rear of the Vehicle
Our clients first brought the Kia Telluride to the dealership after noticing a consistent, unexplained noise coming from the rear of the vehicle during normal driving. The sound was present under regular conditions and did not go away on its own. Technicians began their initial inspection and diagnosis, but were unable to identify the root cause of the noise. The vehicle was returned to our clients without the defect resolved.
Visit 2 — Defect Persists; Additional Diagnostic Attempts
Our clients returned the vehicle with the same rear noise complaint. Kia technicians performed additional diagnostic work, but the source of the sound remained unresolved. This visit added to the growing cumulative days-out-of-service total and documented the second instance of Kia's inability to identify and repair the defect. The vehicle was again returned to the clients with the noise present.
Visit 3 — Third Attempt; Noise Still Not Resolved
By the third visit, the cumulative days-out-of-service total was growing and the defect showed no signs of resolution. Kia technicians again attempted to identify and address the rear noise, but the defect persisted. Our clients had now presented the same complaint three times to Kia's authorized service facility — meeting Florida's 3-attempt repair threshold — while the noise continued unabated and the out-of-service total continued climbing toward and ultimately past Florida's 15-day threshold.
Visit 4 / Final Repair Attempt — July 3, 2025: Sunset Kia of Venice
Easy Lemon arranged a formal Final Repair Attempt (FRA) — a required step under Florida lemon law — at Sunset Kia of Venice on July 3, 2025. The FRA gives the manufacturer one final, documented opportunity to cure the defect before a formal demand is filed. Our clients dropped the vehicle off at 9:00 AM as required. Following the FRA, Kia's technicians were again unable to resolve the rear noise defect. With the FRA requirement satisfied and over 40 cumulative days out of service documented, Easy Lemon filed a formal lemon law demand against Kia America.
Why This Kia Telluride Qualified as a Lemon in Florida
This case met the Florida lemon law qualification thresholds on two independent grounds: the number of repair attempts for the same defect and the cumulative days out of service — with the out-of-service basis being particularly compelling given the 40+ day total.
- 40+ cumulative days out of service — threshold nearly 3× exceeded: Florida's Motor Vehicle Warranty Enforcement Act (§§ 681.10–681.121, Fla. Stat.) qualifies a vehicle as a lemon when it has been out of service for a cumulative total of 15 or more calendar days during the Lemon Law Rights Period (24 months from original delivery or 24,000 miles, whichever occurs first). This Kia Telluride accumulated more than 40 cumulative days out of service — nearly three times the statutory threshold — meeting this independent qualification ground by a wide margin
- 3+ repair attempts for the same defect: Florida lemon law also qualifies a vehicle when the manufacturer has been unable to repair the same nonconformity after 3 or more attempts. The persistent rear noise defect was documented and addressed across a minimum of 4 repair visits — with the fourth visit (the formal FRA) confirming the defect remained unresolved. The 3-attempt threshold was fully met and exceeded
- Manufacturer's inability to diagnose — compelling evidence: A key element of this case was that Kia's technicians were unable to identify the root cause of the noise defect — not merely failing to fix it, but failing to diagnose it. When authorized service technicians cannot determine the source of a consistent, repeatable defect across four visits, it creates powerful evidence that the vehicle has a nonconformity that substantially impairs its use and value — precisely the standard under Florida's lemon law
- Federal Magnuson-Moss Warranty Act: Kia's failure to repair the persistent rear noise within a reasonable number of attempts also constitutes a breach of the vehicle's express written warranty under the federal Magnuson-Moss Warranty Act. This federal claim basis provides an additional layer of legal leverage in negotiation and ensures attorney fees are recoverable even in cases resolved through direct negotiation rather than formal arbitration
- Florida FRA requirement satisfied: Florida lemon law requires that the consumer provide the manufacturer with written notice and a final opportunity to repair. The formal Final Repair Attempt at Sunset Kia of Venice on July 3, 2025 satisfied this requirement. Kia's inability to fix the defect even during the FRA — the manufacturer's final documented opportunity — supported Easy Lemon's demand for a full buyback
How Easy Lemon Fought for Our Clients
Free Case Evaluation
We reviewed the clients' repair order history and assessed the case against Florida's lemon law thresholds. With 4 documented repair visits for the same rear noise defect and over 40 cumulative days out of service, qualification was strong on two independent grounds. We identified the out-of-service argument as the lead claim given its significant margin above Florida's 15-day threshold, while also preserving the 3-attempt argument as a parallel basis.
Final Repair Attempt Coordination — July 3, 2025
Florida law requires a formal Final Repair Attempt before a demand can be filed. Easy Lemon coordinated the FRA at Sunset Kia of Venice, ensuring all procedural requirements were satisfied. Our team confirmed the appointment, provided guidance on documentation, and ensured the FRA was properly memorialized in the repair record. With the FRA completed without resolution, the legal prerequisites for a formal demand were fully satisfied.
Formal Demand to Kia America
Easy Lemon filed a formal legal demand against Kia America under the Florida Motor Vehicle Warranty Enforcement Act (§§ 681.10–681.121, Fla. Stat.) and the federal Magnuson-Moss Warranty Act. The demand cited the 40+ cumulative days out of service, the 4 documented repair attempts, and Kia's own technicians' inability to diagnose or repair the persistent rear noise. Kia's settlement team acknowledged the demand and began the repurchase process.
Full Buyback Negotiated — Funds Confirmed March 2026
Easy Lemon negotiated directly with Kia America's resolution team. With the documented repair history, the out-of-service threshold clearly exceeded, and the FRA documented in the service record, Kia agreed to a full manufacturer repurchase. Our clients accepted Kia's buyback offer and confirmed receipt of their buyback funds in March 2026. The entire process — from intake to confirmed funds — was completed with $0 in out-of-pocket attorney fees for our clients.
Full Buyback — Kia America Repurchased the Vehicle
Key Case Facts
- Vehicle: Kia Telluride (Florida)
- State: Florida
- Primary defect: Persistent unexplained noise from the rear of the vehicle — undiagnosed and unresolved across all repair visits
- Repair visits: 4 (including Final Repair Attempt on July 3, 2025 at Sunset Kia of Venice)
- Days out of service: 40+ cumulative calendar days during the Lemon Law Rights Period
- Florida threshold: 15-day out-of-service threshold exceeded by nearly 3×
- Manufacturer: Kia America, Inc.
- Settlement: Full Buyback (vehicle repurchased by Kia)
- Buyback funds confirmed: March 2026
- Client cost: $0 (Kia paid attorney fees)
Results may vary. Prior outcomes do not guarantee a similar result. Each case is unique and depends on its specific facts and applicable law. Attorney advertising. Easy Lemon® by RockPoint Law P.C.
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Attorney on Record
Steven Nassi, Esq.
Managing Partner — Easy Lemon by RockPoint Law P.C.
Licensed attorney specializing exclusively in lemon law across all 50 states. Steven leads the Easy Lemon legal team and has overseen thousands of successful lemon law claims against major manufacturers including Kia, Hyundai, General Motors, Ford, Stellantis, and more.
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