Have you ever purchased a new car, only to find that it has persistent defects and issues that just won’t go away? If so, you might already be familiar with the Georgia Lemon Law. Would you like to learn more about its workings and how it can help you?
In this comprehensive guide, we’ll break down the Georgia Lemon Law in detail, so you can navigate the process with confidence and get the relief you deserve.
What is the Georgia Lemon Law?
The Georgia Lemon Law, officially known as O.C.G.A. Title 10, Chapter 1, Article 28, specifically sections § 10-1-780 to § 10-1-789, is designed to protect consumers who purchase or lease new motor vehicles with defects that impair the vehicle’s use, value, or safety. The primary goal of the law is to ensure that consumers have access to a reliable and safe vehicle, free from significant defects.
The Georgia Lemon Law provides a legal framework for consumers to seek repairs, replacements, or refunds for defective vehicles. It mandates that manufacturers honor their warranties and make a reasonable number of attempts to fix the defects. If the defects persist, consumers have the right to pursue further action under the Lemon Law.
Eligibility Criteria for Georgia Lemon Law
To be eligible for protection under the Georgia Lemon Law, you must meet specific criteria:
- New Vehicle: The vehicle must be new and purchased or leased in Georgia.
- Personal, Family, or Household Use: The vehicle must be primarily used for personal, family, or household purposes.
- Lemon Law Rights Period: The defect must occur within the first 24 months or 24,000 miles, whichever comes first.
- Defects Covered by Warranty: The defect must be covered under the manufacturer’s warranty.
- Reasonable Number of Repair Attempts: The manufacturer must have been given a reasonable number of attempts to fix the defect. This typically means three repair attempts for most problems or one attempt for serious safety defects.
Exclusions and Types of Vehicles Not Covered
The Georgia Lemon Law has specific exclusions, and not all vehicles are covered. The following types of vehicles are not covered under the law:
- Used Vehicles: Only new vehicles are covered.
- Motorcycles and Mopeds: These are not covered.
- Trucks with a Gross Vehicle Weight Rating (GVWR) of More Than 12,000 Pounds: Heavy-duty trucks are excluded.
- All-Terrain Vehicles (ATVs): These are not covered.
- Boats: Boats are excluded from the law.
- Vehicles That Are Not Self-Propelled: This includes trailers and campers.
- Vehicles Purchased or Leased Before January 1, 2009: Vehicles purchased or leased before this date are governed by the previous Warranty Rights Act.
What Qualifies as a Lemon?
A vehicle is considered a “lemon” under the Georgia Lemon Law if it has a defect that substantially impairs its use, value, or safety, and the defect persists despite a reasonable number of repair attempts. Here are the specific criteria:
- Three Repair Attempts for the Same Defect: If the same defect has been subject to repair three times, and it persists, it meets the criteria for a reasonable number of repair attempts.
- One Repair Attempt for Serious Safety Defects: If the defect is a serious safety issue that is likely to cause death or serious bodily injury, one repair attempt is considered sufficient.
- Cumulative Days Out of Service: If the vehicle has been out of service for a cumulative total of 30 calendar days or more due to repairs, this also qualifies as a reasonable number of repair attempts.
If you own a defective vehicle in Georgia: You can seek assistance from the Georgia Attorney General’s Consumer Protection Division (CPD). They administer the Georgia Lemon Law program and provide information, answer questions about eligibility requirements, and offer state-operated arbitration at no cost to the parties involved.
You can contact the Georgia Attorney General’s Consumer Protection Division at 404-458-3827: For more information or to file a complaint.
The Process of Filing a Lemon Law Claim
Filing a claim under the Georgia Lemon Law involves several steps:
- Document the Defect: Keep detailed records of the defect, including dates, mileage, and descriptions of the problem. Obtain copies of all repair orders and receipts.
- Allow Reasonable Repair Attempts: Ensure the manufacturer has had a reasonable number of attempts to fix the defect (three attempts for most problems, one attempt for serious safety defects, or 30 cumulative days out of service).
- Notify the Manufacturer: Write a formal letter to the manufacturer, detailing the defect and the repair attempts made. Include all relevant documentation.
- Manufacturer’s Response: The manufacturer has 15 days to respond to your notification. They may offer to repurchase or replace the vehicle, or they may disagree with your claim.
- State-Operated Arbitration: If the manufacturer disagrees with your claim, you can request state-operated arbitration through the Georgia Attorney General’s Consumer Protection Division. This is a free and informal process aimed at resolving the dispute.
- Arbitration Hearing: Present your case to an arbitrator, who will make a decision based on the evidence provided. The arbitrator’s decision is binding if both parties agree to it.
- Court Action: If you lose the arbitration case or if the manufacturer does not agree to the arbitrator’s decision, you can file a lawsuit in a Georgia state court.
Arbitration vs. Filing a Court Case
Consumers have the option to pursue their claim through arbitration or by filing a court case. Here’s a comparison of the two options:
Arbitration:
- Advantages: Arbitration is generally faster and less expensive than going to court. It offers a more informal setting and is often consumer-friendly. The arbitrator’s decision is binding if both parties agree to it.
- Disadvantages: There are limited grounds for appealing an arbitration decision. Some consumers may be concerned about potential bias, especially if the manufacturer is a repeat player in the arbitration process.
Filing a Court Case:
- Advantages: Filing a lawsuit in court allows for a formal legal review and the right to appeal the decision. Court proceedings are public, which can bring more transparency to the process. Legal protections and procedures can benefit consumers.
- Disadvantages: Court cases can be time-consuming and costly. The legal process can be complex and intimidating for consumers without legal representation.
Tips for Strengthening Your Lemon Law Claim
To strengthen your Lemon Law claim, consider the following tips:
- Document Everything: Keep meticulous records of all repair attempts, communications with the manufacturer and dealer, and any expenses incurred due to the defect. This includes repair orders, receipts, emails, and letters.
- Follow Manufacturer’s Guidelines: Ensure that all repairs are conducted by authorized dealers or repair facilities and that the manufacturer’s guidelines are followed.
- Report Defects Promptly: Notify the manufacturer in writing as soon as the defect is discovered, and make sure to follow up on any repair attempts.
- Gather Supporting Evidence: Take photographs or videos of the defect and any related issues. This visual evidence can support your claim.
- Keep a Repair Log: Maintain a detailed log of all repair attempts, including dates, mileage, and descriptions of the problem. This log can demonstrate the persistence of the defect.
- Understand the Law: Familiarize yourself with the specific requirements and timelines of the Georgia Lemon Law. Knowing your rights and responsibilities can help you navigate the process effectively.
- Seek Legal Advice: Consult with an experienced lemon law attorney early in the process. An attorney can provide guidance, help gather evidence, and represent you in arbitration or court if necessary.
- Follow Up Persistently: Stay proactive and persistent in your communications with the manufacturer and any involved parties. Regular follow-ups can help ensure that your claim is taken seriously.
Legal Representation and Costs
Lemon law attorneys play a crucial role in the claim process. They have specialized knowledge and experience in dealing with lemon law cases. Here’s what you need to know about legal representation and costs:
- Contingency Fee Basis: Lemon law attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case. The attorney will take a percentage of the compensation awarded to you as part of the settlement.
- No Upfront Fees: You don’t have to pay any upfront fees to the attorney, making it more accessible for consumers to seek legal help.
- Covering Costs: Some attorneys may cover certain expenses related to the case, such as filing fees and costs for expert witnesses. However, it’s important to clarify this with your attorney before proceeding.
- When to Hire a Lawyer: It’s beneficial to consult with a lawyer as soon as you suspect your vehicle may be a lemon. An attorney can help ensure you follow the correct procedures and document everything properly. Involving a lawyer early in the process can provide significant advantages and help protect your rights.
Time Limits to File a Claim
It’s important to be aware of the time limits for filing a claim under the Georgia Lemon Law. You must file your claim within one year (12 months) after the expiration of the Lemon Law Rights Period, which is 24 months from the date of purchase or 24,000 miles, whichever comes first.
This effectively means you have up to 36 months from the date of purchase to file a claim. Acting promptly is crucial to ensure your claim is within the statute of limitations and to avoid missing the filing deadline.
Check if you qualify for Georgia Lemon Law benefits today!
The Georgia Lemon Law provides valuable protection for consumers who purchase or lease new vehicles with significant defects. By understanding the law, following the correct procedures, and seeking legal advice when necessary, you can navigate the process with confidence and get the relief you deserve.
Don’t let a problematic vehicle disrupt your peace of mind. If you suspect your car is a lemon, take the first step toward resolving the issue. Schedule a Free Consultation call or reach out to us at (833) 743-1990 for expert assistance and to ensure your rights are safeguarded. Our team is ready to help you navigate the intricacies of the Georgia Lemon Law and secure the best possible outcome for your situation.