Key takeaways
- Protection period: two years after original delivery or the first 24,000 miles, whichever occurs first. It is extended day for day when repairs are unavailable because of listed emergencies, and while a repair that began before it ended is still underway.
- Repair attempts: the same nonconformity subject to repair 3 times and not corrected, during the lemon law rights period.
- Days out of service: out of service for repair of one or more nonconformities a cumulative total of 30 days during the rights period. 'Days' means calendar days.
- Deadline: no separate deadline to sue is stated. State arbitration must be requested within one year after the rights period expires or 60 days after the certified mechanism concludes, whichever is later. A party may appeal an arbitration decision to superior court within 30 days of its entry.
- The law is O.C.G.A. §§ 10-1-780 to 10-1-798. Read it with your repair orders and your warranty in front of you.
On this page
Georgia's lemon law is O.C.G.A. §§ 10-1-780 to 10-1-798, the Georgia Lemon Law. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Georgia lemon law at a glance
| Statute | O.C.G.A. §§ 10-1-780 to 10-1-798 |
|---|---|
| Official name | Georgia Lemon Law |
| Vehicles covered | Self-propelled vehicles designed mainly for public highways, titled new and leased, bought or registered in Georgia. Excludes trucks over 12,000 pounds GVWR, motorcycles and golf carts. For motor homes, only the vehicle and chassis are covered, not the living, office or commercial space. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Lemon law rights period: two years after original delivery or the first 24,000 miles, whichever occurs first. It is extended day for day when repairs are unavailable because of listed emergencies, and while a repair that began before it ended is still underway. |
| Repair attempts | The same nonconformity subject to repair 3 times and not corrected, during the lemon law rights period. |
| Serious safety defects | A serious safety defect subject to repair one time and not corrected, during the lemon law rights period. |
| Days out of service | Out of service for repair of one or more nonconformities a cumulative total of 30 days during the rights period. 'Days' means calendar days. |
| Notice to the manufacturer | After a reasonable number of attempts, the consumer must notify the manufacturer by statutory overnight delivery or certified mail (return receipt requested) at the owner's manual address. The manufacturer gets a final repair attempt within 28 days of receipt. If that fails, or after 30 days out of service, the consumer elects refund or replacement in writing, and the manufacturer has 20 days to comply. |
| Dispute programs | Mandatory. The consumer must use a manufacturer's informal dispute mechanism certified by the Attorney General (filed within one year after the rights period ends), then the state-run arbitration panel. Panel applications go to the Attorney General within one year after the rights period ends or 60 days after the certified mechanism concludes, whichever is later. The consumer must exhaust these remedies before suing. |
| Deadline to bring a claim | No separate deadline to sue is stated. State arbitration must be requested within one year after the rights period expires or 60 days after the certified mechanism concludes, whichever is later. A party may appeal an arbitration decision to superior court within 30 days of its entry. |
| Remedies | At the consumer's option, repurchase (purchase price plus collateral charges and incidental costs, less a reasonable offset for use) or a replacement vehicle plus incidental costs. The offset is the purchase price multiplied by miles at first delivery for repair of the nonconformity, divided by 120,000 (90,000 for motor homes). Lessees have separate refund rules. |
| Attorney's fees | Arbitrators may award attorney's fees and expert witness fees to a prevailing consumer. If the manufacturer appeals and the consumer prevails, recovery includes attorney's fees and court costs. |
| Used vehicles | No. Vehicles whose title and transfer documents show a used vehicle are excluded. |
Does your vehicle qualify in Georgia?
The law covers self-propelled vehicles designed mainly for public highways, titled new and leased, bought or registered in Georgia. Excludes trucks over 12,000 pounds GVWR, motorcycles and golf carts. For motor homes, only the vehicle and chassis are covered, not the living, office or commercial space. The protection period is two years after original delivery or the first 24,000 miles, whichever occurs first. It is extended day for day when repairs are unavailable because of listed emergencies, and while a repair that began before it ended is still underway. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to repair 3 times and not corrected, during the lemon law rights period.
- Serious safety defect: A serious safety defect subject to repair one time and not corrected, during the lemon law rights period.
- Days out of service: Out of service for repair of one or more nonconformities a cumulative total of 30 days during the rights period. 'Days' means calendar days.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
After a reasonable number of attempts, the consumer must notify the manufacturer by statutory overnight delivery or certified mail (return receipt requested) at the owner's manual address. The manufacturer gets a final repair attempt within 28 days of receipt. If that fails, or after 30 days out of service, the consumer elects refund or replacement in writing, and the manufacturer has 20 days to comply.
Mandatory. The consumer must use a manufacturer's informal dispute mechanism certified by the Attorney General (filed within one year after the rights period ends), then the state-run arbitration panel. Panel applications go to the Attorney General within one year after the rights period ends or 60 days after the certified mechanism concludes, whichever is later. The consumer must exhaust these remedies before suing.
Deadline: No separate deadline to sue is stated. State arbitration must be requested within one year after the rights period expires or 60 days after the certified mechanism concludes, whichever is later. A party may appeal an arbitration decision to superior court within 30 days of its entry.
State resource: Georgia Department of Law, Consumer Protection Division (Lemon Law program).
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's option, repurchase (purchase price plus collateral charges and incidental costs, less a reasonable offset for use) or a replacement vehicle plus incidental costs. The offset is the purchase price multiplied by miles at first delivery for repair of the nonconformity, divided by 120,000 (90,000 for motor homes). Lessees have separate refund rules. Arbitrators may award attorney's fees and expert witness fees to a prevailing consumer. If the manufacturer appeals and the consumer prevails, recovery includes attorney's fees and court costs. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Georgia's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Georgia vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Georgia?
Under O.C.G.A. §§ 10-1-780 to 10-1-798, the presumption is met when the same nonconformity subject to repair 3 times and not corrected, during the lemon law rights period. A defect likely to cause death or serious injury has its own test: A serious safety defect subject to repair one time and not corrected, during the lemon law rights period. The law also counts time in the shop: out of service for repair of one or more nonconformities a cumulative total of 30 days during the rights period. 'Days' means calendar days.
How long do I have to file a lemon law claim in Georgia?
No separate deadline to sue is stated. State arbitration must be requested within one year after the rights period expires or 60 days after the certified mechanism concludes, whichever is later. A party may appeal an arbitration decision to superior court within 30 days of its entry. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Georgia lemon law cover used cars?
No. Vehicles whose title and transfer documents show a used vehicle are excluded. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Georgia lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Georgia?
After a reasonable number of attempts, the consumer must notify the manufacturer by statutory overnight delivery or certified mail (return receipt requested) at the owner's manual address. The manufacturer gets a final repair attempt within 28 days of receipt. If that fails, or after 30 days out of service, the consumer elects refund or replacement in writing, and the manufacturer has 20 days to comply. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Georgia?
Mandatory. The consumer must use a manufacturer's informal dispute mechanism certified by the Attorney General (filed within one year after the rights period ends), then the state-run arbitration panel. Panel applications go to the Attorney General within one year after the rights period ends or 60 days after the certified mechanism concludes, whichever is later. The consumer must exhaust these remedies before suing.
Can I recover attorney's fees under the Georgia lemon law?
Arbitrators may award attorney's fees and expert witness fees to a prevailing consumer. If the manufacturer appeals and the consumer prevails, recovery includes attorney's fees and court costs. We explain exactly how fees work in your case before you sign anything.