Under the California Lemon Law, consumer complaints may be the bottom line in determining whether any impaired use, value or safety of a motor vehicle is considered a material defect. When a consumer leases or buys a car and that car ultimately proves to have a defect, consumers will often turn to the manufacturer for relief in the form of money or a replacement vehicle. When consumers lease or by a car from a manufacture, and they receive an express written warranty along with their purchase or lease, their vehicle is expected to perform in accordance with that express written warranty. When a vehicle appears to be defective, the defect is covered under the lemon law when two conditions are met: the defect is one that is explicitly covered under the manufacturer’s express written warranty and the defect is considered a material defect.
As in most areas of the legal field, there are many legal issues that may be debated under the lemon law. It is important to hire expert legal counsel to represent you when determining whether you have a valid claim under the law, during negotiations for potential settlements and for any necessary courtroom appearances to advocate on behalf of your consumer complaints. Simply believing that you have legitimate consumer complaint or legal claims will not necessarily provide you with the relief you deserve. Manufacturers will most often enlist the help of in-house counsel to defend against consumer complaints and lemon law claims, therefore it is important to research lemon law attorneys and be confident that you have hired the best lemon law attorney to help you obtain the relief you need.
Manufacturer attorneys are skilled in lemon law defense and will attempt to have your consumer complaints and lemon law claim dismissed as invalid. Manufacturer attorneys most often claim that your vehicle is not defective and, if it is considered defective, it is not a material defect that is covered under the express written warranty. As the consumer, you will have an opportunity to argue why your vehicle is defective by explaining how the use, value or safety has been affected. California law states that a material defect, or nonconformity, is one that affects the use, value or safety of the vehicle to the buyer or lessee. What this means for consumers is that if the consumer believes the use, value or safety of the motor vehicle is impaired, the defect is one that should be considered material. Consumers should remember that even with this subjective element to the lemon law, a judge or arbitrator would have the final say in any contested matter.