What Vehicles Are Not Covered?

Tue, 29 May 2007 21:19:00 GMT

The law does not cover used motor vehicles, motorcycles, trucks weighing 10,000 pounds or more, or the portions of motor homes used for dwelling or commercial space.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes.

Does The State Of Georgia Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

No.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement vehicle or a refund via the following options:

Arbitration: Also known as informal dispute settlement, arbitration is an informal process consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding. At an arbitration hearing, the seller and buyer testify before an arbitrator about the defects and repair history of the vehicle. There are two types of arbitration for new cars:

Manufacturer`s Arbitration Program: Although Georgia law does permit you to file a lawsuit or to use the state`s arbitration program under the Lemon Law, before you may do so the law requires that you first use the manufacturer`s arbitration program, if it has one that is certified in Georgia.
You can find out if your manufacturer sponsors a certified arbitration program by reading the information accompanying your warranties, asking your dealer for information, or contacting the Governor`s Office of Consumer Affairs, 2 Martin Luther King Jr. Drive, S.E., Suite 356, Atlanta, GA 30334
8008691123 (from within GA only) or 4046563790.
Once the arbitration program has made its decision, you have the right to either accept or reject their decision.
If you reject the decision and decide to apply for statesponsored arbitration, you must submit a state arbitration application within 60 days from the date of your rejection.
Staterun Arbitration: If the manufacturer does not have a certified program, if the certified program fails to render a decision within 40 days, or if you are dissatisfied with the certified program`s decision, you may submit your dispute to the state`s New Motor Vehicle Arbitration Board. The law requires that you use this program before you may file a lawsuit under the Lemon Law. Contact the Governor`s Office of Consumer Affairs to receive an application form.

Court Action: If you have met the Lemon Law requirements listed above and are not satisfied with results from the manufacturer`s arbitration program, or if the manufacturer does not have an arbitration program that meets federal requirements and regulations, then you may go to court. If you do seek court action, you should consult an attorney.

If the court rules in your favor, in addition to receiving a refund or replacement, you may be able to also receive attorney fees.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it has been decided that your vehicle is a lemon, you may choose between either a refund or a new replacement vehicle that is acceptable to you. You have the right to decline a replacement vehicle in favor of a refund.

In your refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, usually computed based on the number of miles driven before the first report of the defect, as well as a reasonable allowance for damage not attributable to normal wear and tear (this would not include damage resulting from the said defect). After this deduction, you are entitled to receive the refund of the purchase price as well as any incidental costs, all credits and allowances for any tradein vehicle, and other charges and fees.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). The number of repair attempts required to qualify as a reasonable number varies according to the severity of the defect. You will establish that your vehicle has undergone a reasonable number of attempts in the following four situations:

For a vehicle with a serious safety defect in the brakes or steering system, if you have taken the vehicle in for one unsuccessful repair attempt, during the earlier of 12 months or 12,000 miles from date of delivery.
For a vehicle with another type of serious defect that affects the safety of the vehicle, if you have taken the vehicle in for at least two repair attempts, one of which occurred within the first 12 months or 12,000 miles and the other of which occurred within a 24month or 24,000mile period during the warranty.
For a vehicle with any other defect that substantially impairs the use, value, or safety of the vehicle, if you have taken the vehicle in for three repair attempts within any 24month or 24,000mile period during the warranty.
For a vehicle with any other defect that substantially impairs the use, value, or safety of the vehicle, if the car has been out of service for a cumulative total of 30 or more calendar days by reason of repair; 15 of these 30 days must have occurred within the earlier of 12 months or 12,000 miles from the date of delivery, and all 30 days must have occurred within a 24month or 24,000mile period before the warranty expires.

If the defect still continues to exist, you must provide written notification to the manufacturer (not your dealer) of the defect and request that a final repair attempt be made to your vehicle. This letter should be sent by certified mail, return receipt requested.

If you send this notice within the first 12 months or 12,000 miles, the manufacturer may not charge you to repair the vehicle.

If you send it after the first 12 months or 12,000 miles, you may be required to pay for repairs if they are not covered under the manufacturer`s warranty.

The manufacturer then has seven days after the receipt of the notice to designate a reasonably accessible repair facility, and then 14 days after you deliver the vehicle to the facility to correct the defect.

If the manufacturer`s final repair attempt is not successful, or if they do not respond to your request within seven days, you must then send a written statement by certified mail, return receipt requested to the manufacturer requesting the repurchase or replacement of the vehicle.

If your vehicle was leased, you must send a similar statement to the manufacturer, and if the manufacturer does not take action to replace or repurchase the vehicle within 30 days, you must then send another similar letter to the manufacturer.

Upon receipt of the written request for repurchase or replacement, the manufacturer has 30 days to honor your request.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

There are two stages to the term of protection:

The first stage is for the first 12 months or 12,000 miles from the date of delivery, whichever occurs first. This is called the Lemon Law rights period.
The second stage is during any 24month or 24,000mile period within the warranty.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

It covers defects that substantially impair the use, safety, or value of the vehicle, that are not the result of an accident, abuse, neglect, or unauthorized modifications or alterations you may have made to the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers new vehicles that weigh under 10,000 pounds and were purchased, leased, or registered by the original buyer in the state of Georgia.

Demonstrator vehicles are also covered as long as the manufacturer`s warranty is provided.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Any selfpropelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased, purchased or registered. Applies only to the chassis portion of motor homes. Does not include motorcycles or trucks with 10,000 pounds or more GVW.

1 repair attempt in the braking or steering system or 3 repair attempts or 30 calendar days out of service for other problems.

1 year or 12,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Georgia Governor`s Office of Consumer Affairs
2 Martin Luther King Jr. Drive, S.E., Suite 356
Atlanta, GA 30334
8008691123 (from within GA only) or 4046563790
www2.state.ga.us/gaoca/

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sat, 28 Nov 2009 22:30:10 GMT

Free Lemon Law Attorney FAQs