Georgia Lemon Law

Is Your New Car a "Lemon"? Understanding Your Rights Under Georgia Law

Purchasing a new vehicle is a significant investment, but that excitement can quickly turn to frustration if your car spends more time in the shop than on the road. Fortunately, the Georgia Lemon Law provides a clear path for consumers to seek a refund or replacement for defective vehicles.

What Qualifies as a "Lemon" in Georgia?

Under the law, a vehicle is considered a "lemon" if it has a nonconformity—a defect or condition that substantially impairs its use, value, or safety—and the manufacturer has failed to repair it after a reasonable number of attempts. To qualify, your vehicle must generally meet the following criteria:

• New Vehicles Only: The law applies to new cars, vans, and small trucks (with a gross vehicle weight rating under 12,000 lbs) purchased or leased in Georgia. It also covers the chassis and self-propelled parts of motor homes, but excludes motorcycles, golf carts, and used vehicles.

• The Lemon Law Rights Period: The defect must be reported within the "lemon law rights period," which ends two years after the date of delivery or after the first 24,000 miles of operation, whichever comes first.

• Substantial Impairment: The issue must be more than a minor cosmetic flaw; it must meaningfully affect how the vehicle functions, its market value, or its safety. Note that defects caused by abuse, neglect, or unauthorized modifications are not covered.

The "Reasonable Number of Repair Attempts"

You don’t have to give the manufacturer infinite chances to fix the problem. Georgia law deems a "reasonable number of attempts" to have occurred if any of the following happen during the rights period:

1. Serious Safety Defects: If the vehicle has a serious safety defect that has been subject to repair one time and remains uncorrected.

2. Other Defects: For any other covered nonconformity, the same issue has been subject to repair three times and has not been corrected.

3. Out-of-Service Time: The vehicle is out of service for repair for a cumulative total of 30 days or more for one or more nonconformities.

Taking the Next Step

If your vehicle meets these standards, you may be entitled to a repurchase or a replacement vehicle from the manufacturer. However, the process involves strict procedural requirements, such as providing formal notice to the manufacturer and allowing a final repair attempt. Manufacturers often raise defenses, arguing that the defect isn't "substantial" or that procedural steps weren't followed correctly.

Don't navigate these complex legal waters alone. If you believe your vehicle is a lemon, contact our office today to review your claim. We can help advocate for the remedy you are entitled to under Georgia law.