10-1-780 This
article
shall
be
known
and
may be
cited
as the
"Motor
Vehicle
Warranty
Rights
Act." 10-1-781
[Top] The
General
Assembly
recognizes
that a
new
motor
vehicle
is a
major
consumer
purchase
and
that a
defective
motor
vehicle
is
likely
to
create
hardship
for,
or may
cause
injury
to,
the
consumer.
It is
the
intent
of the
General
Assembly
to
ensure
that
the
consumer
is
made
aware
of his
or her
rights
under
this
article.
In
enacting
these
comprehensive
measures,
it is
the
intent
of the
General
Assembly
to
create
the
proper
blend
of
private
and
public
remedies
necessary
to
enforce
this
article. 10-1-782
[Top] Unless
the
context
clearly
requires
otherwise,
the
definitions
in
this
Code
section
apply
throughout
this
article.
As
used
in
this
article,
the
term: (1)
"Administrator"
means
the
administrator
appointed
pursuant
to
Code
Section
10-1-395. (2)
"Collateral
charges"
means
those
additional
charges
to a
consumer
or
lessor
wholly
incurred
as a
result
of the
acquisition
purchase
of the
motor
vehicle.
For
the
purposes
of
this
article,
collateral
charges
include
but
are
not
limited
to
manufacturer
installed
or
dealer
installed
items
or
service
charges,
earned
finance
charges
incurred
by a
consumer
in the
case
of a
purchase,
and by
the
lessor
in the
case
of a
lease,
sales
tax,
and
title
charges. (3)
"Consumer"
means
any
person
who
has
entered
into
an
agreement
or
contract
for
the
transfer,
lease,
or
purchase
of a
new
motor
vehicle
primarily
for
personal,
family,
or
household
purposes,
regardless
of how
the
documents
characterize
the
transaction.
The
term
shall
also
mean
and
include
any
sole
proprietorship,
partnership,
or
corporation
which
is a
commercial
owner
or
lessee
of no
more
than
three
new
motor
vehicles
and
which
has
ten or
fewer
employees
and a
net
income
after
taxes
of
$100,000.00
per
annum
or
less
for
federal
income
tax
purposes.
For
the
limited
purpose
of
enforcing
the
rights
granted
under
this
article,
the
term
"consumer"
will
also
include
any
person
or
entity
regularly
engaged
in the
business
of
leasing
new
motor
vehicles
to
consumers. (4)
"Court"
means
the
superior
court
in the
county
where
the
consumer
resides,
except
if the
consumer
does
not
reside
in
this
state,
then
the
superior
court
in the
county
where
an
arbitration
hearing
or
determination
was
conducted
or
made
pursuant
to
this
article. (5)
"Distributor"
means
a
person
or
entity
holding
a
distribution
agreement
with a
manufacturer
for
the
distribution
of new
motor
vehicles
to new
motor
vehicle
dealers
or who
is
licensed
or
otherwise
authorized
to
utilize
trademarks
or
service
marks
associated
with
one or
more
makes
of
motor
vehicles
in
connection
with
such
distribution,
who is
not
responsible
to the
manufacturer
for
honoring
the
manufacturer's
express
warranty,
and
who
does
not
issue
an
express
warranty
to
consumers. (6)
"Express
warranty"
means
a
warranty
which
is
given
by the
manufacturer
in
writing. (7)
"Incidental
costs"
means
any
reasonable
expenses
incurred
by the
consumer
in
connection
with
the
repair
of the
new
motor
vehicle,
including
but
not
limited
to
payments
to
dealers
for
attempted
repairs
of
nonconformities,
towing
charges,
and
the
costs
of
obtaining
alternative
transportation. (8)
"Informal
dispute
resolution
settlement
mechanism"
means
any
procedure
established,
employed,
utilized,
or run
by a
manufacturer
for
the
purpose
of
resolving
disputes
with
consumers
regarding
any
warranty. (9)
"Lemon
law
rights
period"
means
the
period
ending
one
year
after
the
date
of the
original
delivery
of a
new
motor
vehicle
to a
consumer
or the
first
12,000
miles
of
operation
after
delivery
of a
new
motor
vehicle
to a
consumer,
whichever
occurs
first. (10)
"Manufacturer"
means
any
person
engaged
in the
business
of
constructing
or
assembling
new
motor
vehicles
or
engaged
in the
business
of
importing
new
motor
vehicles
into
the
United
States
for
the
purpose
of
selling
or
distributing
new
motor
vehicles
to new
motor
vehicle
dealers. (11)
"New
motor
vehicle"
means
any
self-propelled
vehicle,
primarily
designed
for
the
transportation
of
persons
or
property
over
the
public
highways,
that
was
leased
or
purchased
in
this
state
or
registered
by the
original
consumer
in
this
state
and on
which
the
original
motor
vehicle
title
was
issued
to the
lessor
or
purchaser
without
having
been
previously
issued
to any
person
other
than
the
selling
dealer.
If the
motor
vehicle
is a
motor
home,
this
article
shall
apply
to the
self-propelled
vehicle
and
chassis,
but
does
not
include
those
portions
of the
vehicle
designated,
used,
or
maintained
primarily
as a
mobile
dwelling,
office,
or
commercial
space.
The
term
"new
motor
vehicle"
does
not
include
motorcycles
or
trucks
with
10,000
pounds
or
more
gross
vehicle
weight
rating.
The
term
"new
motor
vehicle"
shall
not
include
any
vehicle
on
which
the
title
and
other
transfer
documents
show a
used,
rather
than
new,
vehicle.
The
term
"new
motor
vehicle"
includes
a
demonstrator
or
lease-purchase,
as
long
as a
manufacturer's
warranty
was
issued
as a
condition
of
sale,
unless
specifically
excluded
under
this
definition. (12)
"New
motor
vehicle
dealer"
means
a
person
who
holds
a
dealer
agreement
with a
manufacturer
for
the
sale
of new
motor
vehicles,
who is
engaged
in the
business
of
purchasing,
selling,
servicing,
exchanging,
leasing,
distributing,
or
dealing
in new
motor
vehicles,
or who
is
licensed
or
otherwise
authorized
to
utilize
trademarks
or
service
marks
associated
with
one or
more
makes
of
motor
vehicles
in
connection
with
such
sales.
For
the
purposes
of
subsection
(d) of
Code
Section
10-1-784,
concerning
private
civil
actions
for
violations
of
this
article,
the
term
"new
motor
vehicle
dealer"
shall
include
any
person
or
entity
regularly
engaged
in the
business
of
leasing
new
motor
vehicles
to
consumers. (13)
"Nonconformity"
means
a
defect,
serious
safety
defect,
or
condition
that
substantially
impairs
the
use,
value,
or
safety
of a
new
motor
vehicle
to the
consumer,
but
does
not
include
a
defect
or
condition
that
is the
result
of
abuse,
neglect,
or
unauthorized
modification
or
alteration
of the
new
motor
vehicle. (14)
"Panel"
means
a new
motor
vehicle
arbitration
panel
as
designated
in
Code
Sections
10-1-786
and
10-1-794. (15)
"Purchase
price"
means
in the
case
of a
sale
of a
new
motor
vehicle
to a
consumer
the
cash
price
of the
new
motor
vehicle
appearing
in the
sales
agreement,
contract,
or
leasing
agreement,
including
any
reasonable
allowance
for a
trade-in
vehicle.
In
determining
whether
the
trade-in
allowance
was
reasonable,
the
panel
may
take
into
account
whether
the
purchase
price
of the
vehicle
was at
fair
market
value
or not
and
make
appropriate
adjustments
to
ensure
that
the
consumer
is
made
whole
but
not
unjustly
enriched.
In the
case
of a
consumer
lease
of a
new
motor
vehicle,
"purchase
price"
means
the
cash
price
paid
by the
lessor
to a
dealer
or
distributor
to
purchase
the
new
motor
vehicle. (16)
"Reasonable
offset
for
use"
means
an
amount
directly
attributable
to use
by the
consumer
before
the
consumer
requests
repurchase
or
replacement
by the
manufacturer
pursuant
to
Code
Section
10-1-784.
The
reasonable
offset
for
use
shall
be
computed
by the
number
of
miles
that
the
vehicle
traveled
before
the
consumer's
request
of
repurchase
or
replacement
multiplied
by the
purchase
price
and
divided
by
100,000. (17)
"Reasonable
number
of
attempts"
under
the
lemon
law
rights
period
means
the
definition
as
provided
in
Code
Section
10-1-784. (18)
"Replacement
motor
vehicle"
means
a new
motor
vehicle
that
is
identical
or
reasonably
equivalent
to the
motor
vehicle
to be
replaced,
as the
motor
vehicle
to be
replaced
existed
at the
time
of
purchase
or
lease. (19)
"Serious
safety
defect"
means
a
life-threatening
malfunction
or
nonconformity. (20)
"Substantially
impair"
means
to
render
the
new
motor
vehicle
unreliable,
or
unsafe
for
ordinary
use,
or to
diminish
the
resale
value
of the
new
motor
vehicle
more
than a
meaningful
amount
below
the
average
resale
value
for
comparable
motor
vehicles. (21)
"Warranty"
means
any
express
written
warranty
of the
manufacturer
but
shall
not
include
any
extended
coverage
purchased
by the
consumer
as a
separate
item. 10-1-783
[Top] (a)
Each
new
motor
vehicle
dealer
shall
provide
an
owner's
manual
which
shall
be
published
by the
manufacturer
and
include
a list
of the
addresses
and
phone
numbers
at
which
consumers
may,
at no
cost,
contact
the
manufacturer's
customer
service
personnel
who
are
authorized
to
direct
activities
regarding
repair
of the
consumer's
vehicle. (b)
At the
time
of
purchase,
the
new
motor
vehicle
dealer
shall
provide
the
consumer
with a
written
statement
that
explains
the
consumer's
rights
under
this
article.
The
statement
shall
be
written
by the
administrator
and
shall
contain
information
regarding
the
procedures
and
remedies
under
this
article. (c)
For
the
purposes
of
this
article,
if a
new
motor
vehicle
has a
nonconformity
and
the
consumer
reports
the
nonconformity
during
the
lemon
law
rights
period
to the
manufacturer,
its
agent,
or the
new
motor
vehicle
dealer
who
sold
the
new
motor
vehicle,
the
vehicle
shall
be
repaired
at the
manufacturer's
expense
to
correct
the
nonconformity
regardless
of
whether
such
repairs
are
made
after
the
expiration
of the
lemon
law
rights
period.
If in
any
subsequent
proceeding
under
this
article
it is
determined
that
the
consumer's
repair
did
not
qualify
under
this
article,
and
the
manufacturer
was
not
otherwise
obligated
to
repair
the
vehicle,
the
consumer
shall
be
liable
to the
manufacturer
for
the
costs
of the
repair. (d)
Upon
request
from
the
consumer,
the
manufacturer
or new
motor
vehicle
dealer
shall
provide
a copy
of any
report
or
computer
reading
compiled
by the
manufacturer's
field
or
zone
representative
regarding
inspection,
diagnosis,
or
test-drive
of the
consumer's
new
motor
vehicle. (e)
Each
time
the
consumer's
vehicle
is
returned
from
being
diagnosed
or
repaired
under
the
lemon
law
rights
period
or
under
a
warranty,
the
new
motor
vehicle
dealer
shall
provide
to the
consumer
a
fully
itemized,
legible
statement
or
repair
order
indicating
any
diagnosis
made,
and
all
work
performed
on the
vehicle,
including
but
not
limited
to a
general
description
of the
problem
reported
by the
consumer
or an
identification
of the
defect
or
condition,
parts
and
labor,
the
date
and
the
odometer
reading
when
the
vehicle
was
submitted
for
repair,
and
the
date
when
the
vehicle
was
made
available
to the
consumer. (f)
No
manufacturer,
its
agent,
or new
motor
vehicle
dealer
may
refuse
to
diagnose
or
repair
any
nonconformity
for
the
purpose
of
avoiding
liability
under
this
article. (g)
The
lemon
law
rights
period
and 30
day
out-of-service
period
shall
be
extended
by any
time
that
repair
services
are
not
available
to the
consumer
as a
direct
result
of a
strike,
war,
invasion,
fire,
flood,
or
other
natural
disaster. 10-1-784
[Top] (a)(1)
If the
manufacturer,
its
agent,
or the
new
motor
vehicle
dealer
is
unable
to
repair
or
correct
any
nonconformity
in a
new
motor
vehicle
after
a
reasonable
number
of
attempts,
the
consumer
shall
notify
the
manufacturer
by
certified
mail,
return
receipt
requested,
at the
address
provided
by the
manufacturer.
The
manufacturer
shall,
within
seven
days
after
receipt
of
such
notification,
notify
the
consumer
of a
reasonably
accessible
repair
facility
and
after
delivery
of the
vehicle
to the
designated
repair
facility
by the
consumer,
the
manufacturer
shall,
within
14
days,
conform
the
motor
vehicle
to the
warranty.
If the
manufacturer
is
unable
to
repair
or
correct
any
nonconformity
of the
new
motor
vehicle,
the
manufacturer
shall,
within
30
days
of the
consumer's
written
request,
by
certified
mail,
return
receipt
requested,
at the
option
of the
consumer,
or the
lessor
in the
event
of a
leased
motor
vehicle,
replace
or
repurchase
the
new
motor
vehicle.
If the
manufacturer
fails
to
notify
the
consumer
of a
reasonably
accessible
repair
facility
or
perform
the
repairs
within
the
time
periods
prescribed
in
this
subsection,
the
requirement
that
the
manufacturer
be
given
a
final
attempt
to
cure
the
nonconformity
does
not
apply. (2)
If a
lessor
elects
replacement,
the
contractual
obligation,
except
for
those
terms
of
the
agreement
which
identify
the
vehicle,
between
the
lessor
and
the
consumer
shall
not
be
altered.
If a
lessor
elects
repurchase,
it
shall
return
to
the
consumer
a
sum
equal
to
the
allowance
for
any
trade-in,
and
down
payment
or
initial
balloon
payment,
made
by
the
consumer,
and
all
future
obligations
of
the
consumer
to
the
lessor
shall
cease.
In
the
event
a
lessor
elects
to
require
the
manufacturer
to
repurchase
a
leased
vehicle,
the
consumer
will
remain
liable
for
all
lease
obligations
arising
prior
to
the
date
that
the
lessor
elects
such
replacement,
but
will
have
no
future
obligations
under
the
lease,
and
will
be
liable
for
no
penalty
for
early
termination.
A
lessor
must
elect
either
a
repurchase
or
replacement
within
30
days
of
receiving
written
notice
from
the
consumer
that
such
an
election
is
desired;
if
the
lessor
fails
to
make
such
an
election
within
the
30
days,
the
consumer
may
make
the
election
to
repurchase
or
replace
and
the
lessor
shall
be
bound
by
the
consumer's
election. (3)
The
replacement
motor
vehicle
shall
be
identical
or
reasonably
equivalent
to
the
motor
vehicle
to
be
replaced.
Such
replacement
shall
include
payment
of
all
collateral
charges
which
the
consumer
or
lessor
will
incur
a
second
time
which
would
not
have
been
incurred
again
except
for
the
replacement,
and
any
and
all
incidental
costs
incurred
by
the
consumer
or
lessor.
In
the
case
of a
replacement
motor
vehicle,
the
reasonable
offset
for
use
shall
be
paid
by
the
consumer
to
the
manufacturer.
Compensation
for
a
reasonable
offset
for
use
shall
be
paid
by
the
consumer
to
the
manufacturer
in
the
event
that
a
replacement
motor
vehicle
is
elected.
In
the
case
of a
lease
where
the
consumer
either
has
no
option
to
purchase
the
motor
vehicle
at
the
end
of
the
lease
term,
or
the
consumer
has
an
option
to
purchase
the
motor
vehicle
at
the
end
of
the
lease
term
but
does
not
exercise
the
option,
the
lessor
shall
refund
to
the
consumer
the
lesser
of
(A)
the
offset
for
use
paid
by
the
consumer
to
the
manufacturer
at
the
time
of
delivery
of
the
replacement
vehicle,
or
(B)
the
gain
realized
by
the
lessor
by
reason
of
the
difference,
if
any,
between
the
anticipated
residual
value
of
the
original
motor
vehicle
as
determined
at
the
inception
of
the
lease
and
the
realized
value
of
the
replacement
motor
vehicle
at
the
end
of
the
lease.
If
the
lessor
does
not
realize
any
gain
from
the
disposition
of
the
replacement
vehicle,
there
will
be
no
refund
due
to
the
consumer
from
the
lessor.
The
foregoing
rules
apply
only
to
leases
where
the
consumer
performs
all
of
the
consumer's
obligations
under
the
lease
agreement
and
the
lease
terminates
upon
the
scheduled
expiration
of
the
lease
term
as
set
forth
in
the
lease
agreement
or
any
mutually
agreed
upon
extension
of
the
lease
term.
The
administrator
may
provide
by
rule
under
Chapter
13
of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
for
determining
the
manner
of
calculating
the
amount
of
any
further
charges
or
refunds
that
may
apply
in
the
case
of
leases
terminated
prematurely
either
by
the
voluntary
election
of
the
parties,
or
involuntarily
by
the
lessor
in
the
event
of
the
lessee's
default,
the
loss
or
destruction
of
the
vehicle,
or
for
any
other
reason. (4)
When
repurchasing
the
new
motor
vehicle,
the
manufacturer
shall
refund
to
the
consumer
all
collateral
charges
and
incidental
costs.
In
the
event
of a
repurchase,
purchase
price
refunds
shall
be
made
to
the
consumer
and
lienholder
of
record,
if
any,
as
his
or
her
interests
may
appear,
less
a
reasonable
offset
for
use.
In
the
event
of a
lease,
purchase
price
refunds
shall
be
made
to
the
lessor,
less
a
reasonable
offset
for
use.
If
it
is
determined
that
the
lessee
is
entitled
to a
refund,
the
consumer's
lease
agreement
with
the
lessor
shall
be
terminated
upon
payment
of
the
refund
and
no
penalty
for
early
termination
shall
be
assessed.
(b)
A
reasonable
number
of
attempts
shall
be
presumed
as a
matter
of law
to
have
been
undertaken
by the
manufacturer,
its
agent,
or the
new
motor
vehicle
dealer
to
repair
or
correct
any
nonconformity
of a
new
motor
vehicle,
if:
(1) a
serious
safety
defect
in the
braking
or
steering
system
has
been
subject
to
repair
at
least
once
during
the
lemon
law
rights
period
and
has
not
been
corrected;
(2)
during
any
period
of 24
months
or
less,
or
during
any
period
in
which
the
vehicle
has
been
driven
24,000
miles
or
less,
whichever
occurs
first,
any
other
serious
safety
defect
has
been
subject
to
repair
two or
more
times,
at
least
one of
which
is
during
the
lemon
law
rights
period,
and
the
nonconformity
continues
to
exist;
(3)
during
any
period
of 24
months
or
less
or
during
any
period
in
which
the
vehicle
has
been
driven
24,000
miles
or
less,
whichever
occurs
first,
the
same
nonconformity
has
been
subject
to
repair,
three
or
more
times,
at
least
one of
which
is
during
the
lemon
law
rights
period,
and
the
nonconformity
continues
to
exist;
or (4)
during
any
period
of 24
months
or
less
or
during
any
period
in
which
the
vehicle
has
been
driven
24,000
miles
or
less,
whichever
occurs
first,
the
vehicle
is out
of
service
by
reason
of
repair
of one
or
more
nonconformities
for a
cumulative
total
of 30
calendar
days,
at
least
15 of
them
during
the
lemon
law
rights
period.
If
less
than
15
days
remain
under
the
lemon
law
rights
period
when
the
new
motor
vehicle
is
first
brought
in for
diagnosis
or
repair,
the
lemon
law
rights
period
as
regards
the
problem
to be
diagnosed
or
repaired
shall
be
extended
for a
period
of 90
days. (c)
For
purposes
of
this
article,
the
lemon
law
rights
period
regarding
nonconformities
on all
new
motor
vehicles
sold
in
this
state
shall
be for
12
months
following
the
purchase
of the
vehicle
or for
12,000
miles
following
the
purchase
of the
vehicle,
whichever
occurs
first. (d)
This
article
shall
not
create
and
shall
not
give
rise
to any
cause
of
action
against
and
shall
not
impose
any
liability
upon
any
new
motor
vehicle
dealer
or
distributor
except
as
provided
in
this
Code
section.
No new
motor
vehicle
dealer
or
distributor
shall
be
held
liable
by the
manufacturer
or by
the
consumer
for
any
collateral
charges,
damages,
costs,
purchase
price
refunds,
or
vehicle
replacements,
and
manufacturers
and
consumers
shall
not
have a
cause
of
action
against
a new
motor
vehicle
dealer
or
distributor
under
this
article.
A
violation
of any
duty
or
responsibility
imposed
upon a
new
motor
vehicle
dealer
or
distributor
under
this
article
shall
constitute
a per
se
violation
of
Code
Section
10-1-393;
provided,
however,
that
enforcement
against
such
violations
shall
be by
public
enforcement
by the
administrator
and
shall
not be
enforceable
through
private
enforcement
under
the
provisions
of
Code
Section
10-1-399,
except
that a
knowing
violation
of
Code
Section
10-1-785
shall
be
enforceable
through
private
enforcement
under
the
provisions
of
Code
Section
10-1-399.The
provisions
of
Code
Sections
11-2-602
through
11-2-609
shall
not
apply
to the
sale
of a
new
motor
vehicle
if the
consumer
seeks
to use
the
remedies
provided
for in
this
article.
A
consumer
shall
be
deemed
to
have
used
the
remedies
provided
for in
this
article
when
he or
she
completes,
signs,
and
returns
forms
prescribed
by the
administrator
for
the
submission
of
disputes
to an
informal
dispute
resolution
settlement
mechanism
or to
a
panel,
whichever
occurs
first.
Such
forms
shall
contain
a
conspicuous
statement
clearly
advising
the
consumer
of the
rights
the
consumer
is
waiving
by
participating
in the
procedures
under
this
article.
A
consumer
may
not
use
the
remedies
provided
for in
this
article
if the
consumer
has
already
sought
to use
the
remedies
provided
for in
Code
Sections
11-2-602
through
11-2-609,
unless
the
nonconformity
did
not
exist
or was
not
known
at the
time
of
using
the
remedies
provided
for in
such
Code
sections.
Manufacturers
and
consumers
may
not
make
new
motor
vehicle
dealers
or
distributors
parties
to
arbitration
panel
proceedings
or any
other
proceedings
under
this
article.
The
provisions
of
this
article
shall
not
impair
any
obligation
under
any
manufacturer-dealer
franchise
agreement
or
manufacturer-distributor
agreement;
provided,
however,
that
any
provision
of any
manufacturer-dealer
franchise
agreement
or
manufacturer-distributor
agreement
which
attempts
to
shift
any
duty,
obligation,
responsibility,
or
liability
imposed
upon a
manufacturer
by
this
article
to a
new
motor
vehicle
dealer
or
distributor,
either
directly
or
indirectly,
shall
be
void
and
unenforceable,
except
for
any
liability
imposed
upon a
manufacturer
by
this
article
which
is
directly
caused
by the
gross
negligence
of the
dealer
in
attempting
to
repair
the
motor
vehicle
after
such
gross
negligence
has
been
determined
by the
hearing
officer,
as
provided
in
Article
22 of
this
chapter,
the
"Georgia
Motor
Vehicle
Franchise
Practices
Act." 10-1-785
[Top] (a)
No
manufacturer
or
other
transferor
shall
knowingly
resell,
either
at
wholesale
or
retail,
lease,
transfer
a
title,
or
otherwise
transfer,
except
to
sell
for
scrap,
any
motor
vehicle
which
has
been
determined
to
have a
serious
safety
defect
by
reason
of a
determination,
adjudication,
or
settlement
decision
pursuant
to
this
article
or
similar
statute
of any
other
state,
unless
the
serious
safety
defect
has
been
corrected;
the
manufacturer
warrants
in
writing
upon
the
resale,
transfer,
or
lease
that
the
defect
has
been
corrected;
and
the
transferor
provides
the
manufacturer's
written
warranty
under
this
Code
section
to the
consumer. (b)
After
replacement
or
repurchase
pursuant
to
this
article
of a
motor
vehicle
with a
nonconformity,
other
than a
serious
safety
defect,
which
has
not
been
corrected,
the
manufacturer
shall
notify
the
administrator,
by
certified
mail,
upon
receipt
of the
manufacturer's
motor
vehicle.
If
such
nonconformity
is
corrected,
the
manufacturer
shall
notify
the
administrator
in the
same
manner
of
such
correction.
If the
two
events
described
in
this
subsection
occur
within
30
days
of one
another,
both
notices
may be
combined
into
the
same
notice. (c)
Upon
the
resale,
either
at
wholesale
or
retail,
lease,
transfer
of
title,
or
other
transfer
of a
motor
vehicle
with a
nonconformity,
other
than a
serious
safety
defect,
which
has
not
been
corrected
and
which
was
previously
returned
after
a
final
determination,
adjudication,
or
settlement
under
this
article
or
under
a
similar
statute
of any
other
state,
the
manufacturer
shall
execute
and
deliver
to the
transferee
before
transfer
to a
consumer
an
instrument
in
writing
setting
forth
information
identifying
the
nonconformity
in a
manner
to be
specified
by the
administrator;
the
transferor
shall
deliver
the
instrument
to the
consumer
before
transfer. (d)
Upon
the
resale,
either
at
wholesale
or
retail,
lease,
transfer
of
title,
or
other
transfer
of a
motor
vehicle
found
to
have a
nonconformity
under
this
article
which
has
been
corrected,
the
manufacturer
shall
warrant
in
writing
on
forms
prescribed
by the
administrator
upon
the
transfer
that
the
nonconformity
has
been
corrected,
and
the
manufacturer,
its
agent,
the
new
motor
vehicle
dealer,
or
other
transferor
shall
execute
and
deliver
to the
transferee
before
transfer
an
instrument
in
writing
setting
forth
information
identifying
the
nonconformity
and
indicating
in a
manner
to be
specified
by the
administrator
that
it has
been
corrected
and
providing
an
express
manufacturer's
warranty
on the
vehicle
regarding
the
nonconformity
for 12
months
or
12,000
miles,
whichever
occurs
first. (e)
For
purposes
of
this
Code
section,
the
term
"settlement"
includes
an
agreement
entered
into
between
the
manufacturer
and
the
consumer
that
occurs
after
the
dispute
has
been
submitted
to an
informal
dispute
resolution
settlement
mechanism
or has
been
deemed
eligible
by the
administrator
for
arbitration
before
a
panel. 10-1-786
[Top] (a)
As
provided
in
Code
Section
10-1-794,
the
administrator
may
establish
a new
motor
vehicle
arbitration
panel
or
panels
to
settle
disputes
between
consumers
and
manufacturers
as
provided
in
this
article.
The
panels
shall
not be
affiliated
with
any
manufacturer
or new
motor
vehicle
dealer
and
shall
have
available
the
services
of
persons
with
automotive
technical
expertise
to
assist
in
resolving
disputes
under
this
article. (b)
The
administrator
may
adopt
rules
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
for
the
uniform
conduct
of
arbitrations
by
panels
and by
informal
dispute
resolution
settlement
mechanisms
under
this
article,
which
rules
may
include,
but
not be
limited
to,
the
following: (1)
Procedures
regarding
presentation
of
oral
and
written
testimony,
witnesses
and
evidence
relevant
to
the
dispute,
cross-examination
of
witnesses,
and
representation
by
counsel.
The
administrator
shall
provide
by
rule
for
oral
hearings,
when
appropriate,
in
panel
or
informal
dispute
resolution
settlement
mechanism
proceedings; (2)
Procedures
for
production
of
records
and
documents
requested
by a
party
which
the
panel
finds
are
reasonably
related
to
the
dispute; (3)
Procedures
for
issuance
of
subpoenas
on
behalf
of
the
panel
by
the
administrator,
which
shall
be
enforced
by
the
superior
courts
as
in
Code
Section
10-1-398; (4)
Procedures
regarding
written
affidavits
from
employees
and
agents
of a
dealer,
a
manufacturer,
any
party,
or
from
other
potential
witnesses
and
the
consideration
of
such
affidavits
by a
panel;
and (5)
Records
of
panel
proceedings
and
hearings
shall
be
open
to
the
public.
(c)
A
consumer
shall
exhaust
any
certified
informal
dispute
resolution
settlement
procedure
under
Code
Section
10-1-793
and
the
new
motor
vehicle
arbitration
panel
remedy
before
filing
any
superior
court
action
pursuant
to
Code
Section
10-1-788. (d)
The
administrator
may
adopt
rules
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
to
implement
this
article.
Such
rules
may
include
uniform
standards
by
which
the
panel
and
any
informal
dispute
resolution
settlement
mechanism
under
Code
Section
10-1-793
shall
make
determinations
under
this
article,
including
but
not
limited
to
rules
which
may
provide
for: (1)
Determining
that
a
nonconformity
exists; (2)
Determining
that
a
reasonable
number
of
attempts
to
repair
a
nonconformity
have
been
undertaken;
or (3)
Determining
that
a
manufacturer
has
failed
to
comply
with
Code
Section
10-1-784.
10-1-787
[Top] (a)
A
consumer
shall
request
arbitration
under
this
article
by
submitting
a
request
in
writing
to the
administrator.
Except
as
otherwise
provided
in
this
article,
disputes
under
the
lemon
law
rights
period
shall
be
eligible
for
arbitration.
The
administrator
shall
make a
reasonable
determination
of the
eligibility
of the
request
for
arbitration
and
may
provide
necessary
information
to the
consumer
regarding
the
consumer's
rights
and
remedies
under
this
article.
The
administrator
may
adopt
rules
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
regarding
the
eligibility
of
requests
for
arbitration.
The
administrator
shall
assign
a
dispute
he
deems
eligible
to a
panel. (b)
Manufacturers
shall
submit
to
arbitration
under
this
article
if the
consumer's
dispute
is
deemed
eligible
for
arbitration
by the
administrator
and by
the
panel. (c)
The
new
motor
vehicle
arbitration
panel
may
reject
for
arbitration
any
dispute
that
it
determines
to be
frivolous,
fraudulent,
filed
in bad
faith,
res
judicata,
or
beyond
its
authority.
Any
dispute
deemed
by the
panel
to be
ineligible
for
arbitration
due to
insufficient
evidence
may be
reconsidered
by the
panel
upon
the
submission
of
other
information
or
documents
regarding
the
dispute
that
would
allegedly
qualify
for
relief
under
this
article.
Following
a
second
review,
the
panel
may
reject
the
dispute
for
arbitration
if
evidence
is
still
clearly
insufficient
to
qualify
the
dispute
for
relief
under
this
article.
The
administrator
may
adopt
rules
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
governing
rejection
of
disputes
by a
panel.
A
decision
to
reject
any
dispute
for
arbitration
shall
be
sent
by
certified
mail,
return
receipt
requested,
to the
consumer
and
the
manufacturer. (d)
An
arbitration
panel
shall
award
the
remedies
under
Code
Section
10-1-784
if it
finds
a
nonconformity
and
that a
reasonable
number
of
attempts
have
been
undertaken
to
correct
the
nonconformity.
The
panel
may in
its
discretion
award
attorney's
fees
and
technical
or
expert
witness
costs
to a
consumer. (e)
It is
an
affirmative
defense
to any
claim
under
this
article
that:
(1)
the
alleged
nonconformity
does
not
substantially
impair
the
use,
value,
or
safety
of the
new
motor
vehicle
to the
consumer;
or (2)
the
alleged
nonconformity
is the
result
of
abuse,
neglect,
or
unauthorized
modifications
or
alterations
of the
new
motor
vehicle. (f)
The
panel's
decision
shall
be
sent
by
certified
mail,
return
receipt
requested,
to the
consumer.
The
consumer
must
reject
the
decision
in
writing
by
certified
mail,
return
receipt
requested,
addressed
to the
panel
within
30
days
of
receipt
of the
panel's
decision,
or he
or she
shall
be
deemed
to
have
accepted
the
panel's
decision.
The
panel
shall
immediately
notify
the
manufacturer
by
certified
mail,
return
receipt
requested,
whether
the
consumer
has
accepted,
rejected,
or has
been
deemed
to
have
accepted. (g)
Upon
receipt
of the
panel's
notice,
the
manufacturer
shall
have
40
calendar
days
to
comply
with
the
arbitration
panel
decision
or to
file a
petition
of
appeal
in
superior
court.
At the
time
the
petition
of
appeal
is
filed,
the
manufacturer
shall
send,
by
certified
mail,
a
conformed
copy
of
such
petition
to the
administrator. (h)
If, at
the
end of
the 40
calendar
day
period,
neither
compliance
with
nor a
petition
to
appeal
the
panel's
decision
has
occurred,
the
administrator
may
impose
a fine
of up
to
$1,000.00
per
day
until
compliance
occurs
or
until
a
maximum
penalty
of
double
the
value
of the
vehicle
or
$100,000.00,
whichever
is
less,
accrues.
If the
manufacturer
can
provide
clear
and
convincing
evidence
either
that
any
delay
or
failure
was
beyond
its
control,
or
that
any
delay
was
acceptable
to the
consumer,
the
fine
shall
not be
imposed.
If the
manufacturer
fails
to
provide
such
evidence
or
fails
to pay
the
fine,
the
administrator
may
initiate
proceedings
against
the
manufacturer
for
failure
to pay
any
accrued
fine
and
may
initiate
proceedings
on
behalf
of the
state
to
require
specific
performance
of an
arbitration
decision
under
this
article.
The
administrator
shall
deposit
any
fines
in the
state
treasury. 10-1-788
[Top] (a)
After
the
manufacturer
has
received
notice
of the
consumer's
acceptance
or
rejection,
the
consumer
or the
manufacturer
shall
have
40
days
to
request
a
trial
de
novo
of the
arbitration
decision
in
superior
court. (b)
If the
manufacturer
appeals,
the
court
may
require
the
manufacturer
to
post
security
for
the
consumer's
financial
loss
due to
the
passage
of
time
for
review. (c)
If the
manufacturer
appeals
and
the
consumer
prevails,
recovery
may
include
the
monetary
value
of the
award,
collateral
charges,
continuing
incidental
costs,
if
any,
and
attorney's
fees
and
costs. 10-1-789
[Top] (a)
Effective
July
1,
1990,
a fee
of
$3.00
shall
be
collected
by the
new
motor
vehicle
dealer
from
the
consumer
at
completion
of a
sale
or a
lease
of
each
new
motor
vehicle.
The
fee
shall
be
forwarded
quarterly
to the
Office
of
Planning
and
Budget
for
deposit
in the
new
motor
vehicle
arbitration
account
created
in the
state
treasury.
The
first
quarterly
payments
are
due
and
payable
on
October
1,
1990,
and
shall
be
mailed
by the
dealer
not
later
than
October
10;
thereafter,
all
payments
are
due
and
payable
the
first
of the
month
in
each
quarter
and
shall
be
mailed
by the
dealer
not
later
than
the
tenth
day of
such
month.
Moneys
in the
account
shall
be
used
for
the
purposes
of
this
article,
subject
to
appropriation.
Funds
in the
new
motor
vehicle
arbitration
account
shall
be
transferred
to the
general
treasury
at the
end of
each
fiscal
year.
One
dollar
of
each
fee
collected
shall
be
retained
by the
dealer
to
cover
administrative
costs. (b)
At the
end of
each
fiscal
year,
the
administrator
shall
prepare
a
report
listing
the
annual
revenue
generated
and
the
expenses
incurred
in
implementing
and
operating
the
arbitration
program
under
this
chapter.
The
Office
of
Planning
and
Budget
shall
provide
the
administrator
with
the
figures
regarding
revenue
generated. (c)
It is
the
intent
of the
General
Assembly
that
any
consumer
who,
on or
after
July
1,
1990,
but
prior
to
January
1,
1991,
pays
or
should
have
paid
the
fee
designated
in
this
Code
section
shall
be
entitled
to
utilize
the
remedies
provided
in
Code
Sections
10-1-786,
10-1-787,
and
10-1-788
in
addition
to any
other
remedies
which
exist
in law
or in
equity
regarding
defective
automobiles,
notwithstanding
the
effective
dates
of
this
article
or the
effective
dates
of any
provisions
of
this
article. 10-1-790
[Top] A
violation
of
this
article,
or any
failure
of any
person,
including
a
manufacturer
or its
agents,
to
honor
any
express
warranty,
automotive
or
otherwise,
issued
by
that
person,
regardless
of
whether
or not
such
warranty
was
purchased
as a
separate
item
by the
consumer
and
regardless
of
whether
or not
any
dispute
under
the
warranty
is
deemed
eligible
for
arbitration
under
this
article,
shall
constitute
an
unfair
and
deceptive
act or
practice
and a
consumer
transaction
under
Part 2
of
Article
15 of
this
chapter.
In
determining
whether
there
is an
unfair
and
deceptive
act or
practice
under
this
Code
section,
the
principles
in
this
article
regarding
a
reasonable
number
of
attempts
may
serve
as
guidelines.
All
public
and
private
remedies
provided
under
Part 2
of
Article
15 of
this
chapter
shall
be
available
to
enforce
this
article,
subject
to the
affirmative
defenses
provided
in
Code
Section
10-1-787,
and
except
as
provided
in
Code
Section
10-1-784. 10-1-791
[Top] Any
agreement
entered
into
by a
consumer
for
the
purchase
of a
new
motor
vehicle
that
waives,
limits,
or
disclaims
the
rights
set
forth
in
this
article
shall
be
void
as
contrary
to
public
policy.
Said
rights
shall
extend
to a
subsequent
transferee
of a
new
motor
vehicle. 10-1-792
[Top] Nothing
in
this
article
shall
limit
anyone
from
pursuing
other
rights
or
remedies
under
any
other
law,
except
as
otherwise
provided
in
this
article. 10-1-793
[Top] (a)
If a
manufacturer
has
established
an
informal
dispute
resolution
settlement
mechanism
in
this
state
and is
operating
in
accordance
with
rules
promulgated
by the
administrator
under
this
article,
and
the
administrator
has
certified
that
the
informal
dispute
resolution
settlement
procedure
complies
with
and is
operating
in
accordance
with
such
rules,
a
consumer
must
submit
a
dispute
under
this
article
to the
informal
dispute
resolution
settlement
procedure
before
submitting
it to
the
new
motor
vehicle
arbitration
panel.
The
administrator
may
adopt
rules
consistent
with
this
article
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
regarding
the
informal
dispute
resolution
settlement
mechanisms,
including
but
not
limited
to the
composition,
function,
training,
procedures,
and
conduct
of
informal
dispute
resolution
settlement
mechanisms
and
including
eligibility
requirements
and
procedures
for
appeals
to a
panel.
Such
rules
must
be
complied
with
prior
to
certification. (b)
Informal
dispute
resolution
settlement
mechanisms
shall
take
into
account
the
principles
contained
in
this
article
and in
any
rules
promulgated
hereunder
and
shall
take
into
account
all
legal
and
equitable
factors
germane
to a
fair
and
just
decision.
A
decision
shall
include
any
remedies
appropriate
under
the
circumstances,
including
repair,
replacement,
refund,
reimbursement
for
collateral
and
incidental
charges,
and
compensation
for
loss
of
value.
For
purposes
of
this
Code
section,
the
phrase:
"Take
into
account
the
principles
contained
in
this
article"
means
to be
aware
of the
provisions
of
this
article,
to
understand
how
they
might
apply
to the
circumstances
of the
particular
dispute,
and to
apply
them
if it
is
appropriate
and
fair
to
both
parties
to do
so. (c)
At any
time
the
administrator
has
reason
to
believe
that a
certified
informal
dispute
resolution
settlement
mechanism
is not
acting
in
conformity
with
this
article
or
with
rules
promulgated
hereunder,
he may
initiate
proceedings
under
Chapter
13 of
Title
50,
the
"Georgia
Administrative
Procedure
Act,"
to
revoke
the
certification
of the
informal
dispute
resolution
settlement
mechanism.
An
informal
dispute
resolution
settlement
mechanism
shall
keep
such
records
as
prescribed
by the
administrator
in
rules
under
this
article
and
shall
submit
without
notice
to
inspection
and
copying
of
these
records
by the
administrator's
employees.
Expenses
of any
copying
shall
be
borne
by the
informal
dispute
resolution
settlement
mechanism. 10-1-794
[Top] The
new
motor
vehicle
arbitration
panel
or
panels
shall
begin
operating
on
January
2,
1991.The
administrator
in his
discretion
may
establish
and
operate
the
panel
or
panels
under
any of
the
following
procedures,
provided
that
disputes
filed
during
the
same
time
period
shall
not be
handled
under
different
procedures:
(1)
contracting
with
private
or
public
entities
to
conduct
arbitrations
under
the
procedures
and
standards
in
this
article,
(2)
appointing
private
citizens
to
serve
on a
panel
or
panels,
or (3)
hiring
temporary
or
permanent
employees
to
serve
on the
panel
or
panels.
Each
new
motor
vehicle
arbitration
panel
shall
consist
of
three
members,
none
of
whom
may be
directly
or
indirectly
involved
in the
manufacture,
distribution,
sale,
or
service
of any
motor
vehicle
or
employed
by or
related
to the
consumer.
All
panel
members
shall
have a
degree
from
an
American
Bar
Association
Accredited
School
of Law
or
shall
have
at
least
two
years'
experience
in
professional
arbitration.
Any
private
citizens
appointed
by the
administrator
to
serve
as
panel
members
shall
be
reimbursed
for
expenses
as are
members
of the
General
Assembly
and
shall
be
compensated
at an
hourly
rate
as
determined
by the
administrator.
Temporary
or
permanent
employees
hired
to
serve
on the
panels
shall
be in
the
unclassified
service
and
may
serve
on a
full
or
part-time
basis
at a
salary
determined
by the
administrator.
All
administrative
staff
hired
by the
administrator
to aid
in the
administration
of
this
article
shall
be in
the
unclassified
service
and
compensated
at a
salary
determined
by the
administrator. |
