Your Guide to Georgia Lemon Law
In Georgia, the lemon law is a protection afforded to consumers who have purchased new vehicles that turn out to be defective. The law provides a way to seek compensation from the vehicle manufacturer when a purchased vehicle has unresolved defects that render it unfit for use. The Georgia lemon law covers the following vehicles: passenger cars, motorcycles, mopeds, motorized bicycles, all-terrain vehicles, but does not include trucks weighing over 10,000 pounds, trucks manufactured for more than 10 people, buses, personal trucks, recreational vehicles, off-road vehicles or a vehicle with more than one drive axle. (See O.C.G.A. §10-1-780.) A vehicle is a lemon if it has one or more defects that are serious and impair the use, value, or safety of the vehicle. Ga. Code Ann. § 10-1-779(d).
The defect must happen within the shorter of: 1) the first two years or 24,000 miles after the purchase of the vehicle; or 2) the length of the warranty period for the vehicle. Ga. Code Ann. § 10-1-779(d)(1)(B). The problem must persist after a reasonable number of repair attempts have been made. This number varies depending on the nature of the problem: (1) if it is subject to repair in more than two attempts and the same defect continues to persist, the manufacturer should be notified after the third time; (2) if the defect involves the condition of the vehicle which could result in death or serious bodily injury , the manufacturer should be notified after the second attempt at repair; or (3) if the problem is a nonconformity and the same defect continues after more than 30 days of out-of-service time, the default number is 30 days. Ga. Code Ann. § 10-1-779(d)(1).
Note that you must notify the manufacturer in writing of the defects and give the manufacturer one final attempt to repair the problem. Georgia’s lemon law provides consumers 30 days to give the manufacturer this final attempt after he/she notifies the manufacturer of the problem. This notice must be given to the manufacturer by certified mail to the addressee specified in the warranty. In the absence of a specified addressee, notice may be given to the registered agent for service of process for the manufacturer in Georgia. Ga. Code Ann. 10-1-779(b)(1). In Georgia the manufacturer is defined as the entity that builds the vehicle or contracts with another party to perform the assembly. Ga. Code Ann. 10-1-779(a)(14). The manufacturer may also include a licensed dealer, if the new vehicle was delivered to or from the dealer for warranty service repairs. When this notice is given, the consumer must be allowed 30 days to give the manufacturer the opportunity to repair the defect. If the manufacturer is unable to repair the defect in this time frame, the consumer may then be eligible for a replacement vehicle or a refund.
Requirements for Pursuing a Georgia Lemon Law Claim
To qualify for a Georgia lemon law claim, both the vehicle and the defect must meet specific criteria. First and foremost, the defect must be related to the manufacturer’s warranty. This means that the defect should significantly impair the use, value, or safety of the vehicle, making it not what you expected from a new car. Failure of a clutch, squeaky brakes, or a noisy fan don’t count. The defect must affect operation, safety, or value.
Next, your vehicle must have been purchased, leased, or registered in Georgia. Moreover, the problem with your new vehicle must have occurred during the first 24 months or 12,000 miles.
The bad news is that you are going to have to give your dealer a chance to fix your bad vehicle. The law says that if your vehicle has a "nonconformity" (that’s a fancy legal term for a defect), then you have to give the manufacturer and its agent a "reasonable number of attempts" to fix the problem. The law says that you get four tries to repair it. So this is the number one problem I see people make- they just keep on taking their car back and then paying exorbitant rates for these repairs after the fourth trip. You aren’t going to get your money back for any of the repairs done after the fourth trip. Why? The manufacturer is only on the hook for warranty defects and it was you who told them to change oil- they don’t have to do that no matter how many times you ask them. Sometimes the folks at the dealership are more in tune to the law than the litigation department at the car company. They know that every time they do some other repair for you- like getting your glove box door working again- they are losing money. Some will tell you that you should stop demanding things that you have no business demanding under the lemon law statute.
Not only do you need to give the dealer a chance to fix the defect, but there are also some time frames involved. An attempt at repair must be performed within 3 years or 30,000 miles.
Finally, keep in mind that you can only pursue lemon law action if your vehicle has been out of service for repair of one or more nonconformities for a cumulative total of 30 days. After the 30 days, you can decide if you want a refund or a replacement. So if you took your car into the repair shop because you were driving 75mph on I-285 on the way to work and your engine exploded at 9:15 and it took until 4:30 to get you a tow, the engine failure and the time spent waiting on a new engine are both counted in as part of your 30 days. But if the car had been out for a different problem in the prior six months for a separate and distinct nonconformity, that six months could be deducted from the 30 days.
Building Your Lemon Law Case
When you file a lemon law claim in Georgia, it is crucial to keep track of all relevant documentation. This means making a list of each repair attempt, taking detailed notes of each conversation with the dealer or manufacturer, keeping copies of all paperwork and correspondence, and storing them in a safe place. The first thing you will want to do is create an outline of your lemon law claim. We recommend putting the following items on the list:
• What the original defect was
• When you first reported the defect
• When the dealer attempted repairs for the defect
• Whether the defect was resolved (and if not, what happened during the repair attempts)
• All other attempts to repair/restore the vehicle
These are just the bare essentials. You will also want to make a record of any calls you made to the dealer or manufacturer, including when and who you talk to. It may be a good idea to write a short summary of the call right after it happened, while it is fresh in your mind. Next, you will want to keep copies of every piece of paper you get in connection with your lemon law claim, even if you think it may not be relevant. In particular, be sure to save any of the following items:
• Repair order receipts
• Master list of defects given to the repair shop
• Notes from your conversations with the dealer or manufacturer
• Warranty information for your vehicle
• Computer printouts of your service history
• Invoice for your repair payments
• Title to your car, SUV, van, motorcycle, boat, etc.
• Settlement check
• Any judgment entered by the court
• Copies of complaints
• Application for attorney’s fees and expenses of litigation
• All entries made by you in your planner or calendar
You should also keep records of all costs you have incurred in connection with your lemon law claim, such as rental cars, hotel rooms, alternative transportation, etc.
How to Bring a Lemon Law Claim in Georgia
When you have determined your vehicle is covered under the Georgia Lemon Law, there a forms that must be filled out and submitted to the state: Once you have submitted these forms to the appropriate places, an arbitration will be held. It is important to know that there is only 60 days from the date of your Lemon Law application within which the arbitration hearing should be held. This means that if you submitted the forms and there has been no hearing, you need to file an appeal. If it is outside this period, you cannot file your application. The Georgia Lemon Law hearing is conducted by a certified dispute resolution organization. During the hearing, both parties will have the chance to present their case, including witnesses and experts. You are allowed to use witnesses, experts, documents or recordings in your case. The hearing lasts for no more than two hours and is usually conducted over the phone. Both sides are subject to the hearing and must show up on time. You also must give prior notice if you plan to have legal representation at the hearing. If the hearing however does not come within the 60-day period, the hearing can be held after the 60 days but it would only be postponed 30 days. You and the other party must agree to hold it after the 60 days for any longer than the additional 30 days. If however you both do not agree, then the hearing should be held as soon as possible. The Legal Aid Society of Atlanta (LASA) Lemon Law Unit gives general advice and information about Lemon Law in Georgia and the process to file a Lemon Law claim:
LASA Lemon Law Unit Main: 404-346-4298 Toll-free Legal Hotline: 1-800-498-9469 (in Georgia) TTY: 1-866-408-6868 (Georgia Only) Hours: Monday through Friday, 9:00 a.m. – 4:00 p.m. Services: General information about Georgia’s Lemon Laws, including telephone consultation on Lemon Law cases with agency staff and attorneys. Referrals may be made to private attorneys for cases that are more complex or require litigation. Referrals to our Pro Bono Task Force for representation by volunteer attorneys may be limited to clients living outside of metro Atlanta.
Other Options Beyond Georgia Lemon Law
Chances are you have heard some version of the word lemon so many times in your life that you may not know that lemons are not always as bad as they sound. In other words, lemons can be quite good if you can take them to make lemonade out of them.
The lemon law claim process gives rise to an expectation that the claim process will unfold linearly. In other words, consumers have an expectation that the lemon law claim process will lead to resolving their problem with a good outcome. Nevertheless, life and law do not work linearly. Consequentially, the lemon law claim process can unfold circularly despite the consumer’s best efforts to find linear success. Because of the circular nature of the lemon law claim process, it is common for lawyers and consumers to rely on alternatives to the lemon law claim statute to enforce civil rights. The lemon law claim statute does not prevent consumers from pursuing other remedies. Still, a linear approach can sort out lemon law claim results and make it possible to transition away from the lemon law claim process with confidence.
Further, lemon law claims do not have to be the last resort or the final word on pursuing justice. As the consumer claims process winds its way through a winding path, it is not uncommon for the consumer to have sufficient energy and motivation to pursue civil justice beyond the lemon law process. Our law firm understands that the winding road of lemon law claims that lead consumers to seek remedies and justice beyond the lemon law claim process .
Any number of alternatives can be pursued beyond lemon law claims. A lawyer can help the consumer to take the right steps to slate the problem before proceeding. Following are a few examples of lemon law claim alternatives.
Sometimes resolution can be achieved through mediation. Mediation is one example of an alternative form of resolution that can provide mutual benefit. One the whole, mediation can benefit the parties, the consumer and the business. In instances when the MBHGE lemon law claim process leads to an impasse, the consumer and the business may agree to mediation.
Arbitration can be another form of alternative resolution. Arbitration may be a reasonable alternative for lemon law claims that do not involve consumer protection statutes. Examples of claims that can be appropriately directed to arbitration include lemon law claims that do not have a consumer protection angle. For example, lemon law claims involving small businesses are often more appropriately directed to arbitration. Also, lemon law claims concerning vehicles over 10,000 pounds are a good example where lemon law claims do not involve consumer protection angles.
Of course, the lion’s share of lemon law claims are directed straight through the lemon law claims process all the way to the lemon law claim resolution. I have witnessed lemon law claims resolve on via mediation and arbitration cases that did not go the mediation or arbitration route.
Seeking Legal Assistance to Bring a Lemon Law Claim
While many lemon law claims can and should be settled quickly with the manufacturer or dealer through a Good Faith letter, you may find yourself in a situation where the manufacturer is unwilling to resolve the matter fairly, or the vehicle is out of warranty. If this happens and a lawsuit is necessary, it is important to consult with an experienced lemon law attorney who has handled similar cases. Lemon law litigation is an extremely niche area of law, and not all consumer attorneys are prepared to litigate lemon law cases, especially ones that have the potential for considerable expense. But, lemon law litigation can also be relatively inexpensive if it involves damages for a defective vehicle that is out of warranty, and many lemon law attorneys will take cases on a contingency fee basis, meaning they get paid only if you do.
Attorneys qualified to represent consumers in lemon law cases in Georgia include those that have been approved into the Georgia Bar Lemon Law Arbitration Program, a free, nonbinding arbitration program run by the State Bar of Georgia where consumers can have disputes with vehicle manufacturers heard before an arbitrator, lawyers who have attended training sponsored by the National Association of Consumer Advocates or the Georgia Bar, lawyers who have successfully represented consumers in lemon law cases in Georgia, experienced class action attorneys, and those who can demonstrate substantial experience in the specific area of complaint relevant to your case. This may include other areas of law such as Warranty Law and Dealer Fraud.
An online search for a lemon law attorney in your area may return few results. The Georgia Lemon Law population is relatively small, and in turn, so is the community of experienced lemon law attorneys. But the select group of experienced lemon law attorneys in Georgia can address all of your lemon law concerns regardless of where you live in the State of Georgia.
Answers to Common Questions Regarding Georgia Lemon Law
As a consumer, you may have several questions on your mind about your particular situation and the process itself. Here are the answers to some of the most common questions asked by consumers regarding the Georgia lemon law:
How long does the lemon law process take?
If the manufacturer agrees to repurchase or replace the vehicle, that step is usually done within 30 days of acceptance of request. If the manufacturer does not agree to the request or you still dispute whether the vehicle is a lemon, the law firm will file a complaint in the Superior Court in the county where you live. A hearing is then conducted before the judge on the merits of the case and the court orders the manufacturer to provide a refund or replacement . If you do not receive a refund or replacement following the hearing, you can appeal the decision.
How much will it cost?
If it is determined your vehicle is a lemon, you are entitled to a full refund of all monies paid to the manufacturer, including sales tax, title and license fees, and attorney fees. The fees incurred for the consumer’s side are covered by the manufacturer, so an attorney does not need to seek payment from the client in order to enforce the warranty.
What if the manufacturer is out of state?
The law does not matter whether you live in the state where the company’s headquarters is located. As long as the manufacturer does business in Georgia and sells or leases a vehicle in Georgia, it is required to provide the same remedy.