Georgia's current lemon law took effect Jan. 1, 2009. This law protects consumers who have purchased or leased new vehicles with irreparable defects; however, it does not cover every type of new vehicle nor used ones. Consumers who have purchased vehicles not covered under the law should check with the Governor's Office of Consumer Affairs (OCA) for information on other laws that may apply. The OCA also offers a lemon law arbitration program.
Covered Vehicles
Georgia lemon law only covers new cars, trucks and vans weighing less than 12,000 lbs. and certain parts of motor homes. It does not cover mopeds, motorcycles, ATVs, boats, trailers, campers and parts of the motor home used for living space. This law applies to consumers who have purchased or leased a vehicle for personal use as well as businesses that purchase or lease less than 10 vehicles a year.
Protection Period
Georgia lemon law protects consumers for two years from the date of delivery of the vehicle or the first 24,000 miles, whichever comes first. Miles already on the vehicle at delivery do not count. In order to seek compensation under this law, consumers must take action within one year of delivery. If the manufacturer requires the consumer to use its state-certified dispute resolution program, and the consumer disagrees with the decision and decides to use the OCA arbitration program, he must request arbitration within 60 days of completing the manufacturer's program.
Qualifying Vehicles
To qualify as a lemon vehicle, it must suffer from defects that substantially impair its use, safety and/or value. The vehicle must have either undergone three failed repair attempts for the same reason or been out of service for a cumulative total of 30 days or more. However, only one repair attempt is necessary to qualify as a lemon if there is a safety issue, such as risk of fire. The law requires the dealer or other authorized repair facility to provide consumers with a detailed work order itemizing all repairs. Consumers must keep good repair records to support their claims under Georgia law.
Final Repair Attempt
Once the vehicle has undergone the reasonable number of failed repair attempts outlined by Georgia law, the consumer must send the manufacturer written notice that this has occurred and request one final repair attempt by the manufacturer. The consumer must send this notice via certified mail with return receipt requested. The manufacturer has seven days from the date of receipt to schedule a final repair attempt. If the manufacturer does not respond or the problem remains, the consumer can proceed under the law. The OCA website has a final repair notice form available for download on its website along with information on what to include for those who want to write their own.
Pursuing Compensation
If the problem remains, the consumer can request a refund or replacement from the manufacturer. The OCA website offers a form consumers can use for this purpose. The manufacturer has 20 days to respond. During this time, the manufacturer might propose other options available to the consumer, such as additional repair attempts. The OCA recommends calling its office before accepting any offers as this might affect the ability to use arbitration later on. If the manufacturer does not offer a suitable arrangement, consumers must go through the manufacturer's certified third party dispute resolution program if one exists. If there isn't one, consumers can go straight to the OCA program. Consumers must fill out a formal application available by calling the OCA at (404) 651-9396. Once the office determines the consumer is eligible, a hearing takes place within 40 days. If the panel rules in favor of the consumer, the manufacturer must comply with the ruling within 40 days. If the panel rules against the consumer, he has 30 days to appeal to the superior court in the county where he resides.
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