The State of Georgia has recently revised its laws regarding the repair and replacement of certain troubled vehicles purchased in Georgia. The revised “Georgia Lemon Law” provides new definitions, indicates the documents and information to be provided to consumers; states affirmatively the duty of the manufacturer to repair and correct nonconformities; provides for the replacement or repurchase of nonconforming vehicles; provides for an informal dispute resolution mechanism; provides for an appeal of an arbitration decision; to provide for requirements regarding the resale of a Lemon vehicle; and provides for direct new motor vehicle dealer liability.

Basically, 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency.

'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. Nonconformity specifically does not include a defect, including a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
If a consumer reports a defect or problem during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period:

(A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected;
(B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or
(C) The vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 30 days.

If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a problem after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner's manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity.

If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a defect after the final attempt, or if a vehicle has been out of service by reason of repair for one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle.

To Learn More about Georgia Lemon Law Small Claims Services

This summary of the changes in the Georgia Lemon Law is provided by Kevin J. Pratt, attorney. www.Legalcreation.com

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