Georgia’s Lemon Law, officially known as the Georgia Motor Vehicle Warranty Rights Act, is designed to protect people who buy or lease new cars that turn out to be lemons. The law gives you options if your new car can’t be fixed after a reasonable number of tries.
If you’re having constant trouble with a new car, it’s essential to know your rights under the Georgia Lemon Law. This article breaks down who’s eligible, what’s covered, and how to take action if you think you’ve got a lemon on your hands.
We’ll go over the details of the Georgia Lemon Law, including who qualifies, what kind of defects are covered, how to seek a solution, and what you need to know about used cars. So, let’s get to it!
Who and what is covered under Georgia’s Lemon Law?
Georgia’s Lemon Law is designed to protect consumers who buy or lease new vehicles that turn out to be lemons. Here’s a breakdown of who and what is covered:
Who is covered?
Typically, the law covers people who buy or lease new cars, trucks, or SUVs for personal or family use. Small businesses that purchase or lease 10 or fewer new vehicles per year can also be covered. To be eligible, the vehicle has to be bought, leased, or registered in Georgia after January 1, 2009.
What vehicles are covered?
The Lemon Law mostly applies to new cars, trucks, and SUVs, including demonstrator models that are titled as new. Motor homes are covered, but the parts of the motor home used as living space or an office aren’t.
What vehicles are excluded?
Used cars generally aren’t covered by the Lemon Law in Georgia unless the original manufacturer’s warranty is still in effect. Other exclusions include motorcycles, mopeds, large trucks weighing over 12,000 pounds, ATVs, and boats.
Defects and repair attempts
Okay, so what exactly does the Georgia Lemon Law cover when it comes to used cars?
Covered defects
The law is designed to help you when your used car has a defect that significantly affects its use, value, or safety. This means any issue that keeps the car from living up to the promises made in the manufacturer’s warranty.
A “serious safety defect” is considered a defect that could cause death or serious injury.
Excluded defects
The Lemon Law isn’t a catch-all. It doesn’t cover problems caused by abuse, neglect, or if you’ve made unauthorized changes to the car.
Reasonable repair attempts
The law requires the manufacturer to have a “reasonable” number of tries to fix the problem. What’s “reasonable” depends on the seriousness of the defect.
One attempt might be reasonable for a serious safety defect. Three attempts might be reasonable for the same issue that isn’t a safety defect. If your car is out of service for repairs for a total of 30 days, that might also trigger the Lemon Law.
Final opportunity to repair
Before you take further action, you have to formally let the manufacturer know that they get one last chance to fix the car. They then have 28 days to complete the repair, and they have to let you know where to take the car within 7 days.
Remedies, arbitration, and documentation
If you have a lemon, what are your options? What steps should you take to protect your rights?
Available remedies
If the manufacturer can’t seem to fix your used car after a reasonable number of tries, Georgia law says you may be entitled to a refund or a replacement vehicle.
If the manufacturer chooses to refund your money, they may charge you a “reasonable offset for use” fee, which is based on the vehicle’s original price and how many miles you drove it before the problems started.
Arbitration
If the manufacturer isn’t living up to its obligations, you can apply for arbitration through a state-run program that’s free to you. Keep in mind that you must apply for arbitration within a year of when your Lemon Law rights expire.
Documentation is crucial
To make sure your rights are protected, keep detailed records of everything. That means:
- Dates of repair attempts
- Descriptions of the problems
- Copies of repair orders
- Copies of all letters and emails you send to the manufacturer and dealer
It’s a good idea to send notices by certified mail or overnight delivery with a return receipt requested so you can prove that the other party received the information.
Wrapping Up
The Georgia Lemon Law offers important protections to consumers who buy or lease new vehicles that turn out to have significant defects. To take advantage of this law, you need to know what vehicles and defects are covered and what steps to take to seek a refund or replacement.
If you think your new car might be a lemon, programs like the BBB AUTO LINE and attorneys who specialize in Lemon Law cases can help.
By keeping detailed records of your car’s problems and repairs and knowing your rights, you can navigate the Georgia Lemon Law effectively and protect your investment. Remember, though, that the Lemon Law only applies to new vehicles.