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Georgia Code – §10-1-780

Vehicles Covered:

New, self-propelled vehicles, purchased, leased, or originally registered in state, primarily designed for transportation of persons or property over public highways. Includes demonstrators and vehicles purchased at end of lease. Excludes living portion of motor homes, motorcycles, and trucks weighing 10,000 pounds or more.

Persons Covered:

Person with contract for transfer, lease, or purchase of new vehicle, or subsequent transferee; or business with ten or fewer employees, net yearly income of $100,000 or less, and three or fewer vehicles.

Use Covered:

Vehicle acquired primarily for personal, family, or household purposes.

Defects Covered:

Defect that makes vehicle unreliable or unsafe for ordinary use, or diminishes its resale value meaningful amount below average resale value for comparable vehicles.

Period Covered:

First repair attempt must occur within one year or 12,000 miles, whichever is first. If first repair attempt occurs less than 15 days before end of period covered, period is extended 90 days.

Notice Requirement:

Written notice to manufacturer, by certified mail or overnight delivery, that vehicle not repaired after reasonable number of attempts. Manufacturer entitled to final repair attempt after notice.

"Reasonable" Repair Guidelines:

Within period covered, at least one repair to serious safety defect in brakes or steering. Alternately, within any period of two years or 24,000 miles, whichever is first: at least two repairs to other serious safety defect; or at least three repairs to any defect; or at least 30 calendar days out of service for repairs, 15 of which were within period covered. Creates presumption as matter of law.

Affirmative Defenses:

Defect does not substantially impair use, value, or safety of vehicle to consumer, or results from abuse, neglect, or unauthorized modifications or alterations.

Available Remedy:

Replacement or repurchase, at consumer’s option.

Refund Details:

Cash price, including allowance for trade-in vehicle; collateral charges resulting from purchase or lease, such as sales tax, title charges, service charges, options, and finance charges; incidental expenses resulting from repairs, including repair costs, towing, and alternate transportation. Deduction for use before request for repurchase or replacement.

Other Remedies:

Court may award attorney’s fees and costs to consumer. Consumer cannot seek both Commercial Code remedies for rejection or revocation of acceptance and lemon law remedies. No other limit on other consumer remedies. Violation or failure to honor warranty is unlawful trade practice.

Arbitration:

If manufacturer maintains informal settlement procedure, consumer must use before filing suit. Consumer must also use state-run arbitration before filing suit (after using manufacturer’s procedure if one exists).

Resale of Lemon:

Disclosure required, one-year/12,000-mile warranty.