Georgia Lemon Law (10-1-782 - 10-1-784)

Georgia consumers with lemon vehicles may be protected under either the Georgia Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Remedies may include refund, replacement or cash compensation such as diminished value and/or incidental and consequential damages. Attorneys’ fees also available meaning qualified consumers may receive Georgia lemon law attorney representation at no cost.

And even if a vehicle doesn’t qualify under either of these lemon laws, the Truth In Lending Act and/or other related car buying laws may provide an avenue to recover cash damages that can help you trade out or pay for repairs.

Connect here for a free, no obligation Georgia Lemon Law case review. In most instances to qualify under a lemon law your vehicle must only have an unreasonable repair history under the warranty, including (but not limited to) 3-4 repair attempts for the same problem, 6 repairs total on the vehicle, or 30 days out of service by reason of repair.

• Ga. Code Ann 10-1-781. Intent of Law
• Ga. Code Ann 10-1-782. Definitions
• Ga. Code Ann 10-1-783. Duties of Motor Vehicle Dealers and Manufacturers
• Ga. Code Ann 10-1-784. Repair or Replacement of Nonconforming Motor Vehicles; Inability to Repair Vehicle; Repurchase or Replacement of Vehicle
• Ga. Code Ann 10-1-785. Arbitration to Compel Replacement or Repurchase; Certified Informal Dispute Mechanism
• Ga. Code Ann 10-1-786. Application for Arbitration; Appeal; Notice; Attorney or Witness Fees; Findings
• Ga. Code Ann 10-1-787. Finality of Arbitrator Decision; Appeals; Penalties
• Ga. Code Ann 10-1-788. Exhaustion of Remedies
• Ga. Code Ann 10-1-789. New Motor Vehicle Arbitration Panel
• Ga. Code Ann 10-1-790. Limitation of Resale, Lease, or Transfer of Title; Forms
• Ga. Code Ann 10-1-791. Fees; Authority of Administrator
• Ga. Code Ann 10-1-792. Liability of New Motor Vehicle Dealers; Effect on Manufacturer-Dealer Franchise Agreement
• Ga. Code Ann 10-1-793. Violation Constituting an Unfair and Deceptive act or Practice; Article not Exclusive
• Ga. Code Ann 10-1-794. Repealed by Laws 2015, Act 187, § 8, eff. July 1, 201
• Ga. Code Ann 10-1-795. Rules and Regulations
• Ga. Code Ann 10-1-796. Severability of Invalid Provisions
• Ga. Code Ann 10-1-797. Agreements Contrary to Public Policy
• Ga. Code Ann 10-1-798. Preexisting Rules, Orders, Actions, and Regulations

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article.

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Unless the context clearly requires otherwise, as used in this article, the term:

1. “Adjusted capitalized cost” means the amount shown as the adjusted capitalized cost in the lease agreement.
2. “Attorney General” means the Attorney General or his or her designee.
3. “Authorized agent” means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles.
4. “Collateral charges” means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges.
5. “Consumer” means each of the following:
   1. A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and
   2. A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services.
6. “Days” means calendar days.
7. “Express warranty” means a warranty which is given by the manufacturer in writing.
8. “Incidental costs” means any reasonable expenses incurred by a consumer in connection with the repair of a new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair of nonconformities, towing charges, and the costs of obtaining alternative transportation.
9. “Informal dispute settlement mechanism” means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article.
10. “Lemon law rights period” means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency.
11. “Lessee” means any consumer who enters into a written lease agreement or contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle.
12. “Lessee cost” means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor.
13. “Lessor” means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessor’s rights under such agreement.
14. “Manufacturer” means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or distributing them to new motor vehicle dealers.
15. “New motor vehicle” means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term “new motor vehicle” does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term “new motor vehicle” also does not include trucks with more than 12,000 pounds gross vehicle weight rating, motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space.
16. “New motor vehicle dealer” means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
17. “Nonconformity” means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
18. “Panel” means the new motor vehicle arbitration panel as designated in this article.
19. “Person” shall have the same meaning as provided in Code Section 10-1-392.
20. “Purchase price” means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract, inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, “purchase price” refers to the agreed upon value of the vehicle as shown in the lease agreement or contract.
21. “Reacquired vehicle” means a new motor vehicle with an alleged nonconformity that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated.
22. “Reasonable number of attempts” under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784.
23. “Reasonable offset for use” means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000, or in the case of a motor home 90,000.
24. “Replacement motor vehicle” means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease.
25. “Serious safety defect” means a life-threatening defect or a malfunction that impedes the consumer’s ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
26. “Superior court” means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article.
27. “Warranty” means any manufacturer’s express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicle’s materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance.

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1. The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer. The owner’s manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer’s customer service personnel who are authorized to direct activities regarding repair of the consumer’s vehicle. A manufacturer shall also provide all applicable manufacturer’s written warranties to the new motor vehicle dealer, who shall transfer the owner’s manual and all applicable manufacturer’s written warranties to the consumer at the time of purchase or vehicle acquisition.
2. At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer’s rights under this article. The statement shall be written by the Attorney General and shall contain information regarding the procedures and remedies under this article.
3. By October 1 of each year, the manufacturer shall forward to the Attorney General one copy of the owner’s manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner’s manuals and express warranties for other models of the same make are substantially the same, submission of the owner’s manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection.
4. Each time the consumer’s new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor.
5. Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer’s representative regarding inspection, diagnosis, or test drive of the consumer’s new motor vehicle.

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1. 1. If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period:
      1. A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected;
      2. The same nonconformity has been subject to repair three times and the nonconformity has not been corrected; or
      3. The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days.

      If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed.

   2. 1. If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner’s manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity.
      2. By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturer’s receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility.
      3. If the manufacturer fails to notify the consumer of the location of a reasonably accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity within the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity.
   3. No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article.
2. 1. If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity during the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle.
   2. 1. If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the replacement transaction and shall pay the lessee an amount equal to all incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle.
      2. If a consumer who is not a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction.
   3. 1. If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost of the nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor.
      2. If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price of the nonconforming new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership.

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