Georgia Lemon Law
If you live in Georgia and have purchased a lemon, Lemberg Law can help you get the justice you deserve. Here’s an overview of the state’s lemon law:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 2 years/24,000 miles
What is a Lemon Car Under Georgia Lemon Law?
Georgia lemon law covers new passenger vehicles, SUVs, vans, and trucks under 10,000 pounds, as well as the motorized portions of RVs and demonstrators that are sold as new motor vehicles with a manufacturer’s warranties that are purchased or leased in Georgia. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the two years from the delivery date or the first 24,000 miles of the consumer’s use (whichever comes first)
- Has been taken in for the required number of repair attempts during the two year from the delivery date or the first 24,000 miles of the consumer’s use (whichever comes first)
- Has been taken in one time for a serious safety defect, three times for a regular defect, or the vehicle has been in the shop for a total of 30 calendar days for a variety of defects
- After the dealer has tried to repair the vehicle the required number of times, you have notified the manufacturer via certified mail and the manufacturer has had the opportunity to make a final repair attempt
- The vehicle is owned or leased by the original owner or lessee
- The vehicle is used primarily for personal, family, or household purposes; or, the vehicle is owned or leased by a business that owns or leases ten or fewer vehicles per year
Official Code of Georgia Annotated, Title 10, Chapter 1, Article 28 is the state’s lemon law.
Getting Lemon Justice: Georgia Lemon Law Relief
Georgia lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a refund, which can include:
- The purchase price (the amount you agreed to pay before taxes were added and any trade-in value or down payment subtracted)
- Collateral charges (including, but not limited to, sales tax and other government charges, dealer charges, dealer-installed items, extended warranty, and all interest you paid on the vehicle loan)
- Incidental costs associated with repairing the vehicle, such as towing, alternate transportation, and repair charges
- Attorney fees
The amount of the refund may be reduced by a deduction for your use of the vehicle, which is calculated by multiplying the purchase price by the mileage at the time you sent the demand letter and dividing that amount by 120,000.
Pursuing a GA Lemon Law Claim
If you want to pursue a claim under Georgia’s lemon law, you must first send a notification to the manufacturer and give them one last chance to repair the vehicle. According to the law, the notification letter must be sent by either overnight or certified mail, with a return receipt requested.
Once the manufacturer receives your letter, they have seven calendar days to contact you, either by phone or in writing, and tell you where you should take your vehicle for the final repair attempt. Once you take your vehicle in, the facility has 14 days to correct the defect. If the problem still isn’t fixed, you must send a demand letter to the manufacturer via certified mail with a return receipt requested. Here’s a sample demand letter that you can adapt for your use. The manufacturer has 20 days to honor your demand letter.
Before you are eligible to file a lemon law claim in court, you must participate in Georgia’s state-operated arbitration process. Once the state decides that you are eligible for arbitration, the hearing will be scheduled within 40 days.
If the arbitration hearing is decided in your favor, the manufacturer can comply with it or appeal the decision in court. If the arbitration hearing is decided in the manufacturer’s favor, you can appeal the decision in court.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a Georgia lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.