The Georgia lemon law is a self-help statute whose primary goal is to have the manufacturer of your motor vehicle fix any defects. If your vehicle cannot be repaired in a reasonable number of attempts and is found to be a lemon, the law requires the manufacturer to replace/buy back/repurchase the vehicle. It also alerts manufacturers to possible defects and quality issues in the vehicles they produce.
The Georgia lemon law covers:
New motor vehicle purchased or leased for personal, family or household use
10 or fewer new motor vehicles purchased or leased for a year for business purposes other than limousine rental services
Demonstrator vehicle as long as it is titled as new
The self-propelled vehicle and chassis of a new motor home
The Georgia lemon law does not cover:
Vehicles purchased or leased as used
Motorcycles and mopeds
Trucks with a gross vehicle weight rating of more than 12,000 pounds
All-terrain vehicles (ATVs)
Vehicles that are not self-propelled, such as trailers and campers
The Georgia lemon law applies defect or condition that:
Substantially impairs the vehicle's use, value or safety to the consumer
Renders the new motor vehicle nonconforming to a manufacturer's warranty
The Georgia lemon law does not apply to any defect or condition that is the result of abuse, neglect or unauthorized modification or alteration of the vehicle.
The Georgia lemon law rights are valid for the
Period within 2 years from the date the vehicle is delivered
Within the first 24,000 miles of your us, whichever occurs first
The Georgia lemon law and the reasonable number of attempts to repair:
The Georgia lemon law allows the dealer or manufacturer's authorized agent a reasonable number of attempts to repair the vehicle's problem within the Georgia lemon law rights period
If the defect is still present after you have made a reasonable number of repair attempts, you must give the manufacturer a final opportunity to correct it
The number of repair attempts considered "reasonable" is determined by the type of defect
If you meet the eligibility requirements, you have the right to request that the manufacturer either repurchase or replace your vehicle
If the manufacturer is unable to correct the defect on the final attempt and fails to buy back or replace the vehicle on request, contact an experienced Georgia lemon law attorney to determine the right recourse to get your Georgia lemon law rights.
To get the best of the Georgia lemon law:
Keep copies of any correspondence to or from the manufacturer or dealer
Make a note of the date and substance of any phone conversations you have with them
Send notices to the manufacturers by certified mail requesting a return receipt
Save the returned receipts with your records as proof of delivery
Be sure to obtain an itemized repair order or statement from the authorized dealer each time the vehicle is submitted for diagnosis or repair because it is a way to prove the attempts at repair.
The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the Georgia lemon law, you may have claims under other state and federal laws that protect owners of new or used vehicles.
The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.
Under the Magnuson-Moss Warranty Act, a warranter should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act's reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the lemon laws vary from state to state, each individual law usually require a warranter to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warranter fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the lemon laws, is akin to strict liability - once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.
Contact an experienced lemon law attorney to determine the right recourse to get rid of your Georgia lemon.
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