Georgia Lemon Law

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• Definition of Nonconformity
• Lemon Law Rights Period
• Reasonable Number of Repair Attempts
• Final Opportunity to Repair
• Consumer Remedies
• Arbitration and Dispute Resolution
• Dealer and Manufacturer Obligations
• Exclusions
• Fees and Reporting
• Summary
• Request Free Case Evaluation

Definition of Nonconformity

Under Ga. Code Ann. § 10-1-782(17), a nonconformity is defined as:

• A defect,

• A serious safety defect, or

• A condition

that substantially impairs the use, value, or safety of a new motor vehicle or renders it nonconforming to a warranty.

Nonconformity does not include defects caused by:

• Abuse

• Neglect

• Unauthorized modifications

Lemon Law Rights Period

Under Ga. Code Ann. § 10-1-782(10), the lemon law rights period is:

• Two years from the vehicle’s original delivery date to the consumer, or

• The first 24,000 miles of operation,

whichever occurs first.

This period may be extended for days when repair services are unavailable due to events such as strikes or natural disasters.

Reasonable Number of Repair Attempts

Under Ga. Code Ann. § 10-1-784(a)(1), a manufacturer is deemed to have had a reasonable number of repair attempts if:

• A serious safety defect has been subject to one repair attempt and remains uncorrected;

• The same nonconformity has been subject to three repair attempts and remains uncorrected; or

The vehicle is out of service for repair for a cumulative total of 30 days during the lemon law rights period.

Manufacturer’s Final Repair Opportunity

Under Ga. Code Ann. § 10-1-784(a)(2):

• If the manufacturer fails to repair the nonconformity after a reasonable number of attempts, the consumer must notify the manufacturer in writing.
• The manufacturer then has 28 days to make a final attempt to correct the defect.

Consumer Remedies

If the nonconformity is not corrected after the final repair opportunity, Ga. Code Ann. § 10-1-784(b) allows the consumer to choose one of the following:

Replacement

A comparable new motor vehicle.

Repurchase

A refund including:

• The full purchase price
  
• Collateral charges
  
• Incidental costs
  
• Minus a reasonable offset for the consumer’s use of the vehicle

Arbitration and Dispute Resolution

Under Ga. Code Ann. § 10-1-786 and Ga. Comp. R. & Regs. 60-2-1-.15:

• Consumers may apply for arbitration if the manufacturer does not comply with the Lemon Law.

• Arbitration decisions are binding on the manufacturer but not binding on the consumer, who may pursue other remedies.

Consumers must file for arbitration within:

• One year after the expiration of the lemon law rights period, or

• 60 days after the conclusion of a certified informal dispute settlement mechanism,

whichever is later (Ga. Code Ann. § 10-1-786, § 10-1-787).

Dealer and Manufacturer Obligations

Under Ga. Comp. R. & Regs. 60-2-1-.05:

• Dealers must provide consumers with a written statement of their Lemon Law rights at the time of purchase or lease.

Under Ga. Comp. R. & Regs. 60-2-1-.06:

Manufacturers must include information about their certified dispute resolution programs in the vehicle’s warranty materials.

Exclusions

Under Ga. Code Ann. § 10-1-782(15), the Lemon Law does not apply to:

• Motorcycles
• Trucks with a gross vehicle weight rating over 12,000 pounds

Vehicles purchased for resale

Fees and Reporting

Under Ga. Comp. R. & Regs. 60-2-1-.04:

• Dealers must collect a $3 fee for each new vehicle sold or leased.

Of this amount, $2 must be remitted to the Attorney General to fund the Lemon Law program.

Summary

Georgia’s lemon law framework includes:

• A statutory definition of nonconformity

• A two-year or 24,000-mile rights period

• Presumptions for reasonable repair attempts and safety defects

• A final repair opportunity for manufacturers

• Refund or replacement remedies

• Mandatory dealer disclosures

• Arbitration rights and appeal procedures

• Specific exclusions and program fees

If you believe your vehicle may qualify as a lemon under Georgia law, contact Auto Lemon Lawyer today for guidance.