MyLemonLawCenter Provides Lemon Law Help Nationwide. Auto Recalls, Repurchases for New & Used Cars

Georgia

GEORGIA Lemon Law:

Ga. Code Ann. §§ 10-1-780 to 10-1-794

Vehicles covered: New vehicles that are under 10,000 lbs. and

purchased, leased or registered by the original buyer in-state;

excludes those portions of motor homes used for dwelling, and

office or commercial space (§ 10-1-782(11)).

Persons covered: Purchasers, transferees or lessees of new motor

vehicles used primarily for personal, family or household purposes,

and any sole proprietorship, partnership or corporation which owns

or leases fewer than three motor vehicles, has ten or fewer employees

and has a net income of $100,000 or less per annum

(§ 10-1-782(3)).

Period covered: Whichever comes first: one year after date of

original delivery or first 12,000 miles (§ 10-1-782(9)).

Disclosure requirements: Dealer must provide written explanation

of consumer’s rights; owner’s manual published by the manufacturer

must include a list of the addresses and phone numbers where

consumers may, at no cost, contact the manufacturer’s customer

service personnel (§ 10-1-783(a), (b)).

Required consumer notice: Notice to the manufacturer sent by

certified mail, return receipt requested (§ 10-1-784(a)(1)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if a serious safety defect in the brakes or

steering system has been repaired once during the earlier of one

year or 12,000 miles, any other serious defect has been repaired

two or more times (one of those times within the earlier of one year

or 12,000 miles), or, within the earlier of twenty-four months or

24,000 miles, either the same nonconformity has been subject to

three or more repairs or the vehicle has been out of service for a

cumulative total of thirty or more days (fifteen of them within the

earlier of one year or 12,000 miles) (§ 10-1-784(b)).

Affırmative defenses: The nonconformity does not substantially

impair the use, value or safety of the vehicle, or is the result of the

consumer’s abuse, neglect or unauthorized modification or alteration

(§ 10-1-787(e)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a new identical or reasonably equivalent vehicle, or

accept a return and refund the purchase price. In either case, the

manufacturer is allowed a reasonable offset for use (§ 10-1-784(a)).

Other reimbursement: All collateral and incidental charges less a

reasonable offset for use (§ 10-1-784(a)(4)). Costs and attorney

fees if consumer prevails upon manufacturer’s appeal of arbitration

decision (§ 10-1-788).

Other remedies: Any violation of this article is an unfair and

deceptive act or practice; there is no limit on other consumer

remedies (§§ 10-1-790, 10-1-792).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure, if

available and administrator-certified (§ 10-1-793). If no manufacturer

settlement procedure is available, the consumer may apply to

the new Motor Vehicle Arbitration Panel (§ 10-1-787).

Resale of lemon: Full disclosure required in writing. Written

warranty of correction of any serious safety defect. Express written

warranty for earlier of twelve months or 12,000 miles (§ 10-1-

785).