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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 Lemon Law of 2008, applicable to new motor vehicles purchased, leased or registered in Georgia on or after January 1, 2009. If you purchased, leased or registered your new motor vehicle in Georgia prior to January 1, 2009, visit our web page at www.consumer.ga.gov to see if your dispute is eligible under the Georgia Warranty Rights Act, the lemon law in effect at that time. 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. From this site, you also have the option of printing out forms you might need to notify the manufacturer. Thank you for pursuing your rights under the Georgia Lemon Law. Lemon Law Frequently Asked Questions (FAQs) What is the purpose of the Lemon Law? The Georgia Lemon Law is a self-help statute whose primary goal is to have the manufacturer of your motor vehicle fix any 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. It also alerts manufacturers to possible defects and quality issues in the vehicles they produce. Which consumers are covered by the Lemon Law? You are covered by this law if: · · You purchase or lease a new motor vehicle for personal, family or household use; or You purchase or lease ten or fewer new motor vehicles a year for business purposes other than limousine rental services. Does the Lemon Law cover all vehicles? No. Only new motor vehicles are covered by the Georgia 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 on or after January 1, 2009. The title of the vehicle must still 1 American LegalNet, Inc. www.FormsWorkFlow.com be in the name of the person who originally purchased or leased it and cannot have been previously issued to anyone other than the new motor vehicle dealer. REMEMBER: If you purchased, leased or registered your new motor vehicle in Georgia before January 1, 2009, the lemon law in effect at that time the Warranty Rights Act governs your rights. Visit our web site at www.consumer.ga.gov to access information regarding that law. 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 or entity other than the new motor vehicle dealer, before being titled to you Motorcycles and mopeds Trucks with a gross vehicle weight rating of more than 12,000 pounds 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 it is titled as new and has not been titled to any person or entity other than the new motor vehicle dealer, before being titled to you. Are motor homes covered? Yes. While the Georgia Lemon Law does not cover those parts of a motor home that are designated, used or maintained primarily as living quarters, 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 notice 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 serious safety defect. Any other defect or condition that: (a) substantially impairs the vehicle's use, value or safety to the consumer; OR (b) renders the new motor vehicle nonconforming to a manufacturer's warranty. 2 American LegalNet, Inc. www.FormsWorkFlow.com What is a serious safety defect? A serious safety defect is a life-threatening defect or a malfunction that impedes the consumer's ability to control or operate the vehicle for ordinary use or reasonable intended purposes or creates the risk of fire or explosion. 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 two years from the date you took delivery of the vehicle or after the first 24,000 miles of your use--whichever occurs first. If the vehicle is being repaired by the dealer or manufacturer's authorized agent on the date the Lemon Law rights period expires, the Lemon Law rights period is extended until the repair work is completed. Do miles on the vehicle at the time of delivery count towards the 24,000 miles? No. If, for example, there were 500 miles on your new motor vehicle at the time you leased or purchased it, your Lemon Law rights period would expire two years from the date of delivery or at 24,500 miles (on your odometer), whichever occurred first. What must I do under the Lemon Law? Verify that you meet the eligibility requirements explained in this guide. Then, you must allow the dealer or manufacturer's authorized agent a reasonable number of attempts to repair the vehicle's problem within the Lemon Law rights period. 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 days out of service which does not require a final repair attempt). See Step 1 in the "Steps to Follow" for details. If the manufacturer is unable to correct the defect on the final attempt and fails to buy back or replace