Georgia’s Lemon Law provides a structured remedy for consumers who buy or lease new vehicles with significant defects. The law is intended to compel a manufacturer to repair, replace, or buy back a vehicle that fails to conform to its warranty. This process ensures that a major consumer purchase does not become an unresolved hardship due to manufacturing flaws that impact its operation, safety, or value.
Vehicle and Timeframe Eligibility
To qualify for protection, a vehicle must be a new motor vehicle purchased or leased in Georgia, which includes demonstrator models. The law covers the chassis and self-propelled portion of motor homes but excludes:
- Motorcycles and mopeds
- All-terrain vehicles
- Golf carts
- Boats
- Trucks with a gross vehicle weight rating over 12,000 pounds
Protections apply to individuals using the vehicle for personal, family, or household purposes, and to businesses that purchase or lease ten or fewer new vehicles annually for non-limousine services.
The “Lemon Law Rights Period” is a key part of eligibility, lasting for 24 months from the vehicle’s original delivery date or the first 24,000 miles of operation, whichever comes first. A consumer must report the defect and the first repair attempt must occur within this window, as outlined in O.C.G.A. § 10-1-783. If a vehicle is in for repairs when the period expires, the rights period is extended until that specific repair is completed.
Defining a Lemon Vehicle
A vehicle is considered a “lemon” if it has a “nonconformity,” a defect or condition covered by the manufacturer’s express warranty that substantially impairs the vehicle’s use, market value, or safety. This determination, outlined in O.C.G.A. § 10-1-782, does not apply to issues arising from consumer abuse, neglect, or unauthorized alterations. The law establishes a presumption that the manufacturer has had a reasonable number of attempts to fix the issue.
This presumption is met if, within the Lemon Law Rights Period, the same nonconformity has been subject to repair three times and the problem persists. Alternatively, the vehicle qualifies if it has been out of service for repairs for a cumulative total of 30 days. A “serious safety defect,” defined as a life-threatening malfunction, only requires one unsuccessful repair attempt to trigger the presumption under O.C.G.A. § 10-1-784.
Required Actions for Consumers
Before seeking a replacement or refund, a consumer must report the nonconformity to an authorized dealer for repair within the Lemon Law Rights Period. If the issue persists after a reasonable number of attempts, the consumer must give the manufacturer one final opportunity to fix the defect. This requires sending a formal written notification by certified mail, return receipt requested, to the manufacturer’s address listed in the owner’s manual.1Georgia Attorney General’s Consumer Protection Division. Final Repair Opportunity Notice
This final notification letter must contain:
- The owner’s name and address
- The vehicle’s year, make, model, and Vehicle Identification Number (VIN)
- The original delivery date and current mileage
- A clear description of the ongoing nonconformity
- A history of the repair attempts, including dates and the dealerships involved
Maintaining records, such as copies of all repair orders, receipts, and notes from conversations, is important for building a successful claim.
Consumer Remedies for a Lemon
Once the manufacturer has been given a final chance to repair the vehicle and fails, the consumer is entitled to a remedy. The consumer has the choice between two primary options: a replacement or a refund, and must inform the manufacturer of their choice in writing by certified mail.
If the consumer chooses a replacement, the manufacturer must provide a comparable new motor vehicle. Should the consumer opt for a refund, the manufacturer must buy back the vehicle for the full purchase price. This includes finance charges, sales tax, license and registration fees, and other collateral charges, minus a reasonable offset for the consumer’s use of the vehicle. This offset is calculated by multiplying the vehicle’s purchase price by the number of miles driven before the first defect report and then dividing that figure by 120,000.2FindLaw. Georgia Code Title 10. Commerce and Trade § 10-1-782
Georgia’s Lemon Law Dispute Resolution
If a manufacturer does not provide a remedy after the final repair attempt and notification, consumers can use a state-operated arbitration program. This process is administered by the Georgia Department of Law’s Consumer Protection Division and is initiated by filing an “Application for Arbitration.” The application must be filed within one year of the Lemon Law Rights Period’s expiration.
After submitting the application and supporting documents, the Attorney General’s office determines if the case is eligible. If approved, a hearing is scheduled within 40 days, which can occur in person, by phone, or via documents. The arbitrator’s decision is binding on the manufacturer if the consumer accepts it, offering a more direct and less costly path to resolution than pursuing a case in court.