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Motor Vehicle Warranty Rights Act Info Packet (New Vehicles Purchased On Or Before 12-31-08) (Georgia) - Legal Forms
| Motor Vehicle Warranty Rights Act Info Packet (New Vehicles Purchased On Or Before 12-31-08) (Georgia) Form. This is a Legal Forms form and can be used in Lemon Law Consumer . |
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STATE OF GEORGIA GOVERNOR'S OFFICE OF CONSUMER AFFAIRS 2 MARTIN LUTHER KING, JR. DRIVE, SE, SUITE 356 ATLANTA, GEORGIA 30334-4600 404-656-3790 The Governor's Office of Consumer Affairs (OCA) is pleased to provide you this summary of the Georgia Motor Vehicle Warranty Rights Act, better known as the Lemon Law. We have made the instructions for following the Lemon Law available in two different formats for your convenience. This document summarizes the entire Lemon Law process for you, explaining every step in detail. (You may find that some of these steps do not apply to you.) The information in this guide is up-to-date as of the time you are receiving it. However, the material on our web site is always the most current, so please be sure to refer to the web page if a period of time has passed since you originally received these instructions. The address to use is www.consumer.ga.gov/steps. From this site you also have the option of printing out just one section or step of the process at a time, as you need it. Thank you for pursuing your rights under Georgia's Lemon Law. Lemon Law Frequently Asked Questions What is the purpose of the Lemon Law? Georgia's Lemon Law is a self-help statute whose primary goal is that the manufacturer of your motor vehicle repair any covered defects. If your vehicle cannot be repaired in a reasonable number of attempts and is found to be a "lemon," the law requires the manufacturer to replace or buy back (repurchase) the vehicle. Am I covered by Georgia's Lemon Law? The Lemon Law protects consumers. You are covered by this law if: · You entered into an agreement or contract for the purchase or lease of a new motor vehicle primarily for personal, family or household use (regardless of what the documents call the transaction); or vehicles for commercial use, has ten or fewer employees and a net income, after taxes, of $100,000 per year or less for federal income tax purposes. · Your sole proprietorship, partnership or corporation owns or leases no more than three new motor Does the Lemon Law cover all vehicles? No. Only new motor vehicles are covered by Georgia's Lemon Law. This means new, self-propelled vehicles that are primarily designed to transport people or property over public highways and were purchased, leased or registered in Georgia. The title of the vehicle must still be in the name of the person who originally purchased or leased it and cannot have been previously issued to anyone other than the selling dealer. American LegalNet, Inc. www.FormsWorkFlow.com What vehicles are not covered? · · · · · · · · Vehicles purchased or leased as used Vehicles whose title and other transfer documents indicate they are used Vehicles that have been titled to any person other than the selling dealer, before being titled to you Motorcycles and mopeds Trucks with a gross vehicle weight rating of 10,000 pounds or more All-terrain vehicles (ATVs) Boats Vehicles that are not self-propelled, such as trailers and campers Are demonstrator models covered? Yes. A demonstrator vehicle can also be considered a new motor vehicle, as long as the manufacturer's warranty is issued as a condition of sale and it otherwise qualifies as a new motor vehicle as described above. Are motor homes covered? Yes. While Georgia's Lemon Law does not cover those parts of a motor home that are designated, used or maintained primarily as a mobile dwelling, office or commercial space, it does apply to the self-propelled vehicle and chassis of a new motor home. These are generally made by separate manufacturers. In order to have a manufacturer fix a covered defect, you must send the proper forms to the manufacturers of both the vehicle and the chassis. Please read the "Steps to Follow" section completely to make sure that you fulfill the special requirements applying to motor homes and conversion vans. What kinds of defects are covered by the Lemon Law? Any defect or condition included in the manufacturer's warranty that substantially impairs the vehicle's use, value or safety to the consumer is covered under the Lemon Law. "Substantially impairs" means that the defect makes your vehicle unreliable or unsafe for ordinary use, or it diminishes the resale value of your vehicle more than a meaningful amount below the average resale value for comparable motor vehicles. What kinds of defects are not covered? The Lemon Law does not apply to any defect or condition that is the result of abuse, neglect or unauthorized modification or alteration of the vehicle. What is the Lemon Law rights period? The Lemon Law rights period is the period ending one year from the date you took delivery of the vehicle or after the first 12,000 miles of your use--whichever occurs first. In order for a defect or condition to be covered, you must establish that the initial repair attempt took place within the Lemon Law rights period (please see Step 1 in "Steps to Follow" for more detail). What must I do under the Lemon Law? You must meet the eligibility requirements explained in this guide. First, you must allow the dealer an opportunity to repair the vehicle's problem within the Lemon Law rights period. Page 2 American LegalNet, Inc. www.FormsWorkFlow.com If the defect is still present after you have made a reasonable number of repair attempts, you must give the manufacturer a final opportunity to correct it. The number of repair attempts considered reasonable is determined by the type of defect or number of days out of service (see discussion in Step 1). If the manufacturer is unable to repair the defect on the final attempt and fails to buy back or replace the vehicle on request, you may qualify for certified informal dispute resolution, state arbitration or both. You will find a more detailed explanation under "Steps to Follow." Although the entire process of seeking restitution may appear lengthy, it can be well worth your while to pursue your rights and to follow all of these directions very carefully. What type of documentation or proof do I need to make my case? Always keep copies of any correspondence to or from the manufacturer, repair facility or leasing company, and always make a note of the date and substance of any phone conversations you have with them. You are required to submit various written notices throughout the process, and you must send these notices by certified mail and request a return receipt. The returned receipts should be kept with your records as proof. Be sure to obtain an itemized r
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