Georgia’s Lemon Law, codified at O.C.G.A.10-1-780 through 10-1-798, gives consumers a structured administrative remedy when a new vehicle cannot be fixed. The law is specific about who qualifies, what triggers it, what the manufacturer must do, and what the consumer receives. Understanding the mechanics‚ particularly the repair thresholds and the notice requirement, determines whether a consumer can use it.
Who Is Covered
The law applies to consumers who buy or lease a new motor vehicle primarily for personal, family, or household use, and to businesses that buy or lease ten or fewer new vehicles per year (limousine rental excluded). The vehicle must not have been previously titled to anyone other than a dealer. Trucks over 12,000 pounds gross vehicle weight, motorcycles, and golf carts are excluded. Motor homes are partially covered‚ the vehicle and chassis qualify, but the living, office, or commercial areas do not.
The Rights Period
Coverage runs for the shorter of two years from original delivery or 24,000 miles. Georgia calls this the lemon law rights period. If repair services are unavailable due to a strike, natural disaster, or declared emergency, the period extends one day for each day the delay lasts. If a repair attempt is underway when the period would otherwise end, it extends until that repair is completed.
What Triggers the Law
A nonconformity is a defect or condition that substantially impairs the vehicle’s use, value, or safety, or causes it to fail to conform to a warranty. Problems caused by abuse, neglect, or unauthorized modification are excluded. A serious safety defect is a subset: a life-threatening defect, a malfunction that impedes the consumer’s ability to control or operate the vehicle, or a condition creating risk of fire or explosion.
The law is triggered when a manufacturer or dealer has made a reasonable number of attempts to repair a nonconformity without success. Under 10-1-784(a)(1), that threshold is deemed reached if any of the following occur within the rights period: a serious safety defect was repaired once and not corrected; the same nonconformity was repaired three times and not corrected; or the vehicle was out of service for repairs for a cumulative total of 30 days.
The Notice Requirement
Meeting one of those thresholds does not automatically entitle the consumer to a refund or replacement. The consumer must first give written notice to the manufacturer at the address listed in the owner’s manual, sent by statutory overnight delivery or certified mail. That notice triggers a final repair opportunity. The manufacturer has seven days to identify a reasonably accessible repair facility and 28 days from notice to complete the final attempt. If the consumer delivers the vehicle late, the deadline shifts to 14 days after delivery. If the manufacturer fails to identify a facility within seven days, or fails to complete the repair within the applicable deadline, the final-attempt requirement no longer applies.
Repurchase or Replacement
If the final repair attempt fails‚ or if the 30-day out-of-service threshold has been met‚ the consumer sends written notice choosing either repurchase or replacement. The manufacturer has 20 days to comply.
On repurchase, a non-lessee consumer receives the full purchase price, collateral charges (sales tax, title, options, and earned finance charges), and incidental costs (towing, alternative transportation, and amounts paid for attempted repairs), minus a reasonable offset for use. That offset equals: purchase price √ó miles driven before first repair delivery √∑ 120,000 (90,000 for motor homes). On replacement, the manufacturer pays incidental costs and replacement-related charges, and provides a comparable vehicle.
Lessees follow a parallel but distinct track. On repurchase, the lessee receives all payments made, the lessee cost, and incidental costs, minus the offset; the lessor receives 110% of the adjusted capitalized cost. On replacement, the manufacturer pays the lessor for replacement charges and pays the lessee for incidental costs; the lease terms remain in force with updated vehicle information.
**Arbitration**
Before going to court, a consumer must exhaust the law’s administrative remedies. If the manufacturer operates a certified informal dispute mechanism, the consumer must file with it first. The filing deadline is one year after the rights period ends. The consumer may proceed to arbitration after a decision, or if no decision is issued within 40 days.
Arbitration is administered by the Attorney General. Hearings must occur within 40 days of an eligibility determination. Arbitrators must be Georgia-licensed attorneys or have at least two years of arbitration experience, and cannot be affiliated with the vehicle industry. A prevailing consumer may recover attorney’s fees and expert witness fees. The written decision is filed with the Attorney General and enforced as a superior court judgment. A party may appeal to superior court within 30 days on a de novo standard. If the manufacturer appeals and loses, the consumer recovers additional collateral and incidental costs, fees, and court costs. Manufacturers that do not appeal must comply within 40 days or face civil penalties of up to $1,000 per day.
**What the Law Does Not Do**
The law creates no cause of action against dealers, with a narrow exception for resale violations involving reacquired vehicles. Consumers cannot waive or disclaim their rights under the statute‚ any such agreement is unenforceable. And the statute is cumulative: its remedies add to, rather than replace, other available legal remedies.
Disclaimer
The information provided on this blog is for general informational purposes only and is
not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction. Laws change frequently and may vary by county or city; this blog reflects a general understanding of Georgia law as of the date of publication.
I strive to ensure that the information presented is accurate and up-to-date; however, I make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this blog. Any reliance you place on such information is strictly at your own risk.
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