Introduction
The purchase of a new car provides many emotional rewards, but when
the car does not turn out as expected, the relationship between the buyer
and the dealer can turn sour. Georgia provides protection for new car buyers
by offering recourse against the manufacturers and dealers of defective
cars (a.k.a. "lemons").
Your Rights Under the Law
During the "lemon law rights period," (which generally ends
one year after the date of delivery of the vehicle or after 12,000 miles)
if a condition arises that substantially impairs the use, value, or safety
of the vehicle, then the dealer/manufacturer must correct, at its own expense,
the problem so that the cor conforms to any express warranty.
The manufacturer is allowed a "reasonable number" of attempts
to correct the problem. The law defines reasonable number of attempts as
follows:
- At least one repair attempt on a serious safety defect in the braking or steering system during the "lemon law rights period."
- At least two repair attempts on any other serious safety defect during the first 24 months or 24,000 miles with at least one repair having occurred during the "lemon law rights period" without being corrected.
- At least three repair attempts on any other nonconformity during the first 24 months or 24,000 miles with at least one repair having occurred during the "lemon law rights period" without being corrected.
- During the first 24 months or 24,000 miles, the vehicle is out of service for a total of 30 calendar days due to attempted repairs of nonconformities with at least 15 days having occurred during the "lemon law rights period."
NOTE: There are also special circumstances that can extend the
"lemon law rights period." Contact the base legal office to see
if they apply.
What Should You Do?
First, document every repair attempt and retain a copy of the receipt.
Include any diagnosis made, all work performed on the vehicle, a listing
of the parts/labor, the nature of the problem, the date and the odometer
reading when the vehicle was submitted for repairs. Also, keep track of
the number of days the car is not available for use because of repairs.
What if the Car Can't Be Fixed?
If the dealer/manufacturer is unable to correct the problem, then the
dealer/manufacturer must replace the "lemon" with an identical
(or reasonably equivalent) vehicle or must refund the purchase price with
an offset assessed for use. If you elect the refund, it must include all
collateral charges paid.
How Do I Proceed?
If you believe the dealer/manufacturer has failed to correct the problem
after the required (reasonable) number of attempts, you should notify the
manufacturer by certified mail, return receipt requested. You can find
the address of the manufacturer in your owner's manual. The manufacturer
will then be allowed one last attempt within a two week period to make
the vehicle conform to the warranty. If that attempt fails, then within
30 days of the consumer's notification, the manufacturer must replace or
repurchase the "lemon."
If you are unable to resolve the problem, you may contact:
Office of Consumer Affairs
Attn: Warranty Rights Act
2 Martin Luther King, Jr. Drive
Suite 356
Atlanta, GA 30334
(404) 656-3790
The Office of Consumer Affairs can advise you as to arbitration and
other remedies available under the law.
