Dealing With a Lemon Vehicle in Georgia
My new car keeps breaking down — here's what Georgia law says and what to do next.
Statute: Ga. Code §§ 10-1-780 to 10-1-795 (Motor Vehicle Warranty Rights Act — 'Lemon Law'), § 10-1-784(a)(2)(A) (written 'Final Repair Opportunity Notice' to the manufacturer by statutory overnight delivery or certified mail return receipt requested, with copy to the Administrator), § 10-1-784(a)(3) (14-day final repair window), § 10-1-786 (compulsory Georgia Attorney General state-administered arbitration before civil action), § 10-1-787(a) (attorney fees available only where the consumer prevails after Administrator arbitration and the manufacturer requested de novo judicial review)
Deadline: 14 days
Penalty: Under Ga. Code § 10-1-784(c), a successful consumer is entitled to a refund of the full contract price plus collateral charges, or a comparable replacement, minus a reasonable offset for use. Attorney fees under § 10-1-787(a) are narrowly available — only where the consumer prevails after a state arbitration proceeding and the manufacturer then appealed for de novo review. Failure to comply with the Administrator's arbitration decision is enforceable by the Attorney General with civil penalties under § 10-1-795
What is dealing with a lemon vehicle?
Lemon laws exist because, before the late 1970s, buying a new car with a defect that nobody could fix meant you were just stuck with it. California passed the first modern lemon law — the Song-Beverly Consumer Warranty Act — in 1970 and tightened it with the Tanner Consumer Protection Act in 1982. Every other state followed by the early 1990s. The basic deal: if a new vehicle has a substantial defect that the manufacturer can't fix after a reasonable number of attempts, they have to replace it or refund you.
Every state has its own version, with different cutoffs for what qualifies, how many repair attempts you need, and which vehicles are covered. The federal Magnuson-Moss Warranty Act (1975) sits behind all of them as a backup — if a manufacturer doesn't honor a written warranty, you can sue under federal law and recover attorney's fees if you win, which is why most lemon-law lawyers will take your case on contingency.
What to Do If You Bought a Lemon
Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.
Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.
Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.
Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.
Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).
How Georgia differs from federal law
Georgia's Lemon Law provides remedies for buyers of defective new vehicles:
- Coverage: New motor vehicles purchased or leased in Georgia within the first 24 months or 24,000 miles (whichever comes first)
- Threshold: 3 repair attempts for the same defect OR 30 or more calendar days out of service due to repairs
- Written notice required: You must send written notice to the manufacturer before seeking a remedy
- Remedies: Manufacturer must replace the vehicle or refund the purchase price (minus a reasonable use allowance)
- No used car lemon law: Georgia does not have a lemon law for used vehicles
- The Georgia Governor's Office of Consumer Affairs handles lemon law complaints
Additional steps in Georgia
Keep all repair orders and receipts. Send written notice to the manufacturer via certified mail after the third failed repair or 30 days out of service. File complaints with the Georgia Governor's Office of Consumer Affairs at consumer.georgia.gov or call 404-651-8600.
What you should NOT do
Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.
Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.
Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.
Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your lemon law →This page is general legal information for Georgia, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Georgia.