Georgia law says people have a right to a vehicle that is safe and works. If there is a substantial defect, the car maker or dealer must fix (or, if necessary, replace) the car. According to the Georgia Governor’s Office of Consumer Affairs website, a substantial defect is one that makes the car “unreliable or unsafe for ordinary use, or it diminishes the resale value of your vehicle” significantly more than normal.
The law covers all new motor vehicles that are:
- Bought or leased in Georgia or
- Registered by the original buyer in Georgia
The law does not cover:
- Used cars
- Motorcycles, mopeds, or ATVs
- Trucks weighing 10,000 pounds or more
- Vehicles that are not self-propelled
- Boats
What To Do If a Car Has a Problem
The car owner has 12 months or 12,000 miles (whichever comes first) to report the problem. Georgia law gives the car manufacturer a certain number of tries to fix the problem:
- One try for steering or breaking system problems
- Two tries for other safety defects
- Three tries for other problems
The first repair attempt must be done in the first 12 months or 12,000 miles of you getting the car. The second and third repair attempts (if needed) can happen up to 24 months or 24,000 miles after the first.
What If They Can’t Fix the Car?
By Georgia law, the car maker gets one last try to fix the problem.
- The owner/lease must fill out the Notice to Manufacturer of Final Opportunity to Repair , then send the Notice by certified mail, return receipt requested, to the address in the owner's manual
- The car maker has seven days to ask that the car be taken to one last repair facility. Once the car is there, the dealer/manufacturer has 14 days to fix it.
What If They Still Can't Fix the Car?
The car owner must send a certified letter to the auto maker requesting a replacement or refund. The manufacturer then has 30 days to:
- replace the "lemon" with an identical (or reasonably equivalent) vehicle or
- refund the owner (including costs like towing, repair costs, and sales tax)
(Please note that leasees must contact the leasing company before proceeding to this step).
There is a catch. The manufacturer can “offset” costs based on the number of miles you put on the car.
- People who get a replacement will have to pay the car maker for the miles driven.
- People who get a refund will have the offset cost taken out of the refund amount.
What If the Auto Maker Does Not Comply?
- If the car is an Audi, GM, Hyundai, Isuzu, Kia, Saturn, or Volkswagen, the owner must contact the Better Business Bureau AUTO LINE (800-955-5100). The BBB AUTO LINE will try to reach a solution. The car owner do not have to go along with their decision (but the car maker does).
- Otherwise, the car owner has 60 days to file a complaint with the Georgia Office of Consumer Affairs.
Important Tips
- An attorney is not necessary and there is no charge for using the Georgia Lemon Law.
- Keep a record of all your repair visits, and mail to and from the car dealer or auto maker.
- Car manufacturers or dealers may try to get car owners to waive their Lemon Law rights. Don’t sign a document if you don’t understand all of it!
Estela Kennen - Estela is a doctoral student in Public Administration and a freelance writer and editor.
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