Georgia Lemon Law
|
|
- First, please review our answers to the most Frequently Asked Questions (found below) for information you will need to know about eligibility and possible remedies.
- Then, read the Steps to Follow thoroughly and follow all instructions. In order to comply with what the law requires, it is very important that you complete each step in the order given before proceeding to the next. These guidelines are a general summary of the law, which you can read in its entirety in the Official Code of Georgia Annotated, Sections 10-1-780 through 10-1-797. You may encounter a few unfamiliar terms, or words used with a unique meaning, in the Lemon Law statute.
- Any form you will need during the different stages of this process are available here on our website - on either the specific Step instruction page or on the Additional Lemon Law Forms page.
Frequently Asked Questions
What is the purpose of the Lemon Law?
Consumer Eligibility
Vehicle Eligibility
Defect Eligibility
What is the Lemon Law rights period?
What must I do under the Lemon Law?
Do miles on the vehicle at the time of delivery count towards the 24,000 miles?
What type of documentation or proof do I need to make my case?
What remedies are available to me if my vehicle cannot be repaired?
Is there a time limit to file for arbitration?
Is there a cost to me to proceed under the Lemon Law?
Do I need to hire an attorney to represent me in my Lemon Law complaint?
If this is a self-help process, what role does the Governor’s Office of Consumer Affairs play?
What other protections does the Lemon Law provide?
What is the purpose of the Lemon Law?
The Georgia Lemon Law is a self-help statute whose primary goal is to have the manufacturer of your motor vehicle fix any defects. If your vehicle cannot be repaired in a reasonable number of attempts and is found to be a "lemon," the law requires the manufacturer to replace or buy back (repurchase) the vehicle. It also alerts manufacturers to possible defects and quality issues in the vehicles they produce.
Which consumers are covered by the Lemon Law?
You are covered by this law if:
- You purchase or lease a new motor vehicle for personal, family or household use; or
- You purchase or lease 10 or fewer new motor vehicles a year for business purposes other than limousine rental services.
Does the Lemon Law cover all vehicles?
No. Only new motor vehicles are covered by the Georgia Lemon Law. This means new, self-propelled vehicles that are primarily designed to transport people or property over public highways and were purchased, leased or registered in
REMEMBER: If you purchased, leased or registered your new motor vehicle in
What vehicles are not covered?
- Vehicles purchased or leased as used
- Vehicles whose title and other transfer documents indicate they are used
- Vehicles that have been titled to any person or entity other than the new motor vehicle dealer, before being titled to you
- Motorcycles and mopeds
- Trucks with a gross vehicle weight rating of more than 12,000 pounds
- All-terrain vehicles (ATVs)
- Boats
- Vehicles that are not self-propelled, such as trailers and campers
Are demonstrator models covered?
Yes. A demonstrator vehicle can also be considered a new motor vehicle as long as it is titled as new and has not been titled to any person or entity other than the new motor vehicle dealer, before being titled to you.
Are motor homes covered?
Yes. While the Georgia Lemon Law does not cover those parts of a motor home that are designated, used or maintained primarily as living quarters, office or commercial space, it does apply to the self-propelled vehicle and chassis of a new motor home. These are generally made by separate manufacturers.
In order to have a manufacturer fix a covered defect, you must send the proper notice to the manufacturers of both the vehicle and the chassis. Please read the "Steps to Follow" section completely to make sure that you fulfill the special requirements applying to motor homes and conversion vans.
What kinds of defects are covered by the Lemon Law?
- Any serious safety defect.
- Any other defect or condition that:
(a) substantially impairs the vehicle’s use, value or safety to the consumer;
or
(b) renders the new motor vehicle nonconforming to a manufacturer’s warranty.
What is a serious safety defect?
A serious safety defect is a life-threatening defect or a malfunction that impedes the consumer’s ability to control or operate the vehicle for ordinary use or reasonable intended purposes or creates the risk of fire or explosion.
What kinds of defects are not covered?
The Lemon Law does not apply to any defect or condition that is the result of abuse, neglect or unauthorized modification or alteration of the vehicle.
What is the Lemon Law rights period?
The Lemon Law rights period is the period ending 2 years from the date you took delivery of the vehicle or after the first 24,000 miles of your use—whichever occurs first.
If the vehicle is being repaired by the dealer or manufacturer’s authorized agent on the date the Lemon Law rights period expires, the Lemon Law rights period is extended until the repair work is completed.
Do miles on the vehicle at the time of delivery count towards the 24,000 miles?
No. If, for example, there were 500 miles on your new motor vehicle at the time you leased or purchased it, your Lemon Law rights period would expire two years from the date of delivery or at 24,500 miles (on your odometer), whichever occurred first.
What must I do under the Lemon Law?
Verify that you meet the eligibility requirements explained in this guide. Then, you must allow the dealer or manufacturer’s authorized agent a reasonable number of attempts to repair the vehicle’s problem within the Lemon Law rights period.
If the defect is still present after you have made a reasonable number of repair attempts, you must give the manufacturer a final opportunity to correct it. The number of repair attempts considered "reasonable" is determined by the type of defect (or days out of service which does not require a final repair attempt). See Step 1 in the "Steps to Follow" for details.
If the manufacturer is unable to correct the defect on the final attempt and fails to buy back or replace the vehicle on request, you may qualify for a vehicle repurchase or replacement award through a certified informal dispute settlement program, state-operated arbitration, or both.
You will find a more detailed explanation under "Steps to Follow." Although the entire process of seeking restitution may appear lengthy, it can be well worth your while to pursue your rights and to follow all of these directions very carefully.
What type of documentation or proof do I need to make my case?
Always keep copies of any correspondence to or from the manufacturer or dealer, and always make a note of the date and substance of any phone conversations you have with them.
You are required to submit various written notices throughout the process, and you must send these notices by either overnight mail delivery or certified mail and you will need to request a return receipt. The returned receipts should be kept with your records as proof of delivery.
Be sure to obtain an itemized repair order or statement from the authorized dealer each time the vehicle is submitted for diagnosis or repair because it is a way to prove the attempts at repair. (See Step 1 for more information.)
What remedies are available to me if my vehicle cannot be repaired?
If you meet the eligibility requirements, you have the right to request that the manufacturer either repurchase or replace your vehicle. If the manufacturer is unwilling to provide either of these remedies, the law gives you the right to an arbitration process.
Is there a time limit to file for arbitration?
Yes. If you are required to use a certified informal dispute settlement program, you must file your claim within one (1) year of the expiration of your Lemon Law rights period. Thereafter, to be eligible for state arbitration, you must file an application for state-operated arbitration within one (1) year of the expiration of the Lemon Law rights period, or within 60 days from the conclusion of a certified informal dispute settlement program proceeding, whichever occurs later. (See “Steps to Follow” for more details.)
IMPORTANT: If you put 24,000 miles on your vehicle before two years from the date you leased or purchased your vehicle, your Lemon law rights period expires on that day. Note that date and keep it with your records. Remember, if, for example, at the time you took delivery of your new motor vehicle, there were 500 miles already on it, you would note the date your odometer read 24,500 miles.
Is there a cost to me to proceed under the Lemon Law?
No. This program is a free service to the consumer, funded by the $3.00 fee you pay when you buy or lease a new vehicle.
Do I need to hire an attorney to represent me in my Lemon Law complaint?
Although you may elect to hire an attorney at your own expense to assist you, this is not required. Most consumers who proceed under the Lemon Law do so without an attorney. On very rare occasions, arbitration cases are appealed (see Step 5). In that event, it is recommended that you consult an attorney.
If this is a self-help process, what role does the Governor’s Office of Consumer Affairs play?
We will provide all necessary information to help you correct the problem; and we offer a state-run arbitration hearing, if needed.
What other protections does the Lemon Law provide?
It alerts manufacturers to possible defects and quality issues in the vehicles they produce. The Lemon Law also protects Georgia consumers by keeping unrepaired vehicles off the road.
If the manufacturer replaces or repurchases your vehicle after your dispute has been accepted for arbitration, the company must notify the next buyer about your vehicle's defect. If the defect is life-threatening and cannot be corrected, your vehicle cannot be resold.