GA Lemon Law Statutes

Georgia Lemon Law Qualifications

Vehicles Covered

The Georgia MVWR Act covers a new motor vehicle that is leased or purchased in Georgia or registered in Georgia by the original consumer. It also covers a demonstrator vehicle and the self-propelled vehicle and chassis of a motor home. The MVWR Act does not cover motorcycles, trucks with a G.V.W. rating of 10,000 pounds or more, or vehicles that are bought used.

Consumers Covered

The MVWR Act covers a consumer who purchases or leases a new motor vehicle primarily for personal, family, or household purposes. It also covers a small business that has ten or fewer employees and a net income after taxes of less than $100,000 per year, and owns or leases no more than three new motor vehicles.

Problems Covered

The MVWR Act covers vehicle nonconformities. A nonconformity is a defect, serious safety defect , or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer. A nonconformity does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.

  • "Serious safety defect" means a life-threatening malfunction or nonconformity.
  • "Substantially impair" means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the vehicle more than a meaningful amount below the average resale value for comparable motor vehicles.
  • "Unauthorized" means any modification or alteration which was not reasonably contemplated in the manufacturer's design for the vehicle, unless the manufacturer has transferred the vehicle and knew or should have known that the modification or alteration might be made.

Reasonable Number Of Repair Attempts

manufacturer, its agent or dealer must be provided with a reasonable number of attempts to repair or correct a nonconformity in accordance with at least one of the following situations:

  • A serious safety defect in the braking or steering system is not corrected after being subject to repair at least once during the lemon law rights period;
  • Any other serious safety defect is not corrected after being subject to repair at least once during the lemon law rights period and at least one more time within two years or 24,000 miles (whichever comes first) after the first repair attempt;
  • The same nonconformity is not corrected after being subject to repair at least once during the lemon law rights period and at least two more times within two years or 24,000 miles (whichever comes first) after the first repair attempt; or
  • The vehicle is out of service by reason of repair to one or more nonconformities for at least 15 days during the lemon law rights period, and for a total of 30 days within any period of 24 months or 24,000 miles (whichever occurs first) after the first repair attempt. If less than 15 days remain under the lemon law rights period when the vehicle is first brought in for diagnosis or repair, the lemon law rights period for that particular problem shall be extended for a period of 90 days.

Georgia Arbitration Requirements

If a manufacturer participates in an informal dispute resolution mechanism that has been certified by the Georgia Governor's Office of Consumer Affairs, then a consumer must submit a dispute under the MVWR Act to the informal dispute resolution procedure before submitting it to the Georgia new motor vehicle arbitration panel. A consumer must exhaust any certified informal dispute resolution procedure and the Georgia new motor vehicle arbitration panel remedy before filing any superior court action. The consumer has the option of either accepting or rejecting the decision of an informal dispute resolution mechanism.

If a decision is not rendered by the informal dispute resolution mechanism within forty (40) days of filing , the consumer will become eligible to apply for arbitration by the Georgia new motor vehicle arbitration panel. Please note: To pursue remedies under the MVWR Act, the MVWR Act and related regulations require the consumer to complete, sign and return the Georgia UCC Waiver form. By signing this form, the consumer acknowledges waiver of rights under Article 2 of the Commercial Code, found at O.C.G.A. 11-2-602 through 11-2-609. If the consumer is pursuing relief under the MVWR Act, the consumer must complete, sign and return the form before proceeding to arbitration. Questions about this form may be addressed to BBB AUTO LINE staff or the Georgia Governor's Office of Consumer Affairs at (404) 656-3790.

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