Lemon Law

Georgia Lemon Law

If your new car is frequently over heating, shutting itself off, has a severe steering or safety problem then you may have a lemon in your hands.

A lemon car, the technical definition of it, constitutes to a vehicle with a significant problem that cannot be fixed within reasonable attempts or remains out of service a particular number of days.

Georgia State recognizes that purchase of a motor vehicle that is defective cause hardship on its owner or may even cause injury. And in order to protect the consumer of such hardship, the state has enforced what is known as the Lemon Law.

During the sale of a vehicle the state requires the dealer to provide the buyer an owner's manual published by the manufacturer with a list of addresses and phone numbers that the buyer can use to contact the customer service personnel who can advise on the measure needed to repair the vehicle.

Under the law if the vehicle does not meet the warranty provided by the manufacturer, and if this defect is notified by the owner to the manufacturer, the vehicle needs to be repaired free of cost. The defect, however, needs to be identified and the notification be made during the lemon law right period of a maximum of 24 months or 24000 miles, which ever comes first.

If the vehicle is purchased from a dealer and the dealer is notified, the law requires the dealer to put a written notice to the manufacturer within a week. This means that placing a notice to the dealer would mean a notice to the manufacturer altogether.

Also, if the manufacturer fails to repair the defect even after substantial attempts, the consumer is entitled to a replacement of this vehicle or a full refund.

The replacement car provided by the manufacturer must be identical or reasonably equivalent to the vehicle to be replaced.

If a refund is made to the consumer, the manufacturer shall repay the owner all collateral charges and incidental costs.

Before a replacement or a refund becomes mandatory for the manufacturer the law allows the manufacturer to: 1. repair a safety defect in braking or steering system at least once 2. repair any other severe safety defect two times

However, if the vehicle stays out of service for a total of 30 calendar days, the consumer is entitled to a replacement or a refund.

If, on the other hand, the manufacturer refuses to make any repairs after receiving the notice, the owner should notify the manufacturer in writing, by certified post, with a return receipt requested, stating the cars problem. And if the car was purchased from a dealer it should also mention that the dealer refused to repair the vehicle if such is the case.

Success in lemon law right depends on 1. Record keeping 2. Providing the right notice to the manufacturer 3. Use of arbitration program when required.

It is always wise to document any kind of transaction when it involves two parties. And when it comes to automobile dealers or manufacturers it is even more important.

You may find it useful to find more information by contacting a Georgia lemon law Attorney.

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