What is Lemon Law?
Lemon law is a statute that provides consumers with protections against buying or leasing a defective vehicle. Generally, if a car dealer is unable to repair defects in the car within a reasonable number of attempts, the consumer has the right to ask for a refund or a replacement vehicle. Georgia’s lemon law protects consumers who have purchased or leased new vehicles that have manufacturing defects, substantial safety hazards, or can’t be repaired after a reasonable number of attempts.
Who is Covered Under Georgia’s Lemon Law?
Georgia’s lemon law applies to new motor vehicles that are purchased or leased in the state. The law covers cars, vans, trucks, and motorcycles that are designed and used primarily for personal, family, or household purposes. The lemon law does not cover vehicles that are purchased for business or commercial purposes.
How Many Repair Attempts are Required Before Filing a Lemon Law Claim in Georgia?
If you believe that your vehicle may be a “lemon” and meet Georgia’s lemon law requirements, you must first give the manufacturer or authorized dealer notice and an opportunity to repair the vehicle. Georgia law presumes that a reasonable number of repair attempts have been made if the consumer has given the manufacturer or authorized dealer at least three attempts to repair the same defect. Additionally, if the vehicle has been inoperable for a month or more due to warranty repairs, it is presumed to be a lemon.
How to File a Lemon Law Claim in Georgia?
If your vehicle meets the lemon law criteria in Georgia, you must file a claim within the time limits specified by the law. You must file the claim within 2 years of delivery of the vehicle to the original purchaser, or within the first 24,000 miles of operation, whichever occurs first. To file a claim, you must send a written notice to the manufacturer by certified mail, return receipt requested. The notice must include the following information:
– Your name, address, and phone number
– A description of the problem with the vehicle
– The date of delivery of the vehicle and the number of miles on the odometer
– The date of the first repair attempt and subsequent repairs
– The name and address of the authorized dealer or repair facility
– A request for either a replacement vehicle or a refund of the purchase price of the vehicle
After receiving the notice, the manufacturer has 30 days to respond and try to resolve the issue. If the manufacturer does not provide a satisfactory resolution, you may file a lawsuit to enforce your rights under Georgia’s lemon law.
What Remedies are Available Under Georgia’s Lemon Law?
If your vehicle is determined to be a “lemon” under Georgia’s lemon law, you may be entitled to one of the following remedies:
– A refund of the purchase price of the vehicle, less a reasonable allowance for use
– A replacement vehicle of comparable value and quality to the purchased or leased vehicle
The manufacturer is also responsible for paying the consumer’s attorney’s fees and expenses in enforcing the lemon law.
Overall, Georgia’s lemon law is designed to protect consumers who have purchased or leased a defective vehicle. If you believe that your vehicle may be a “lemon,” it’s important to act quickly and follow the legal procedures outlined in the lemon law. Make sure to keep all written documentation of the repairs and requests, as they may be helpful in your legal claim. With the right legal guidance, you can get the compensation you deserve and get back on the road with a new vehicle that works properly.