Last verified: February 2026
Key Points
- Primary Law: Georgia Motor Vehicle Warranty Rights Act (O.C.G.A. §§ 10-1-780 to 10-1-793)
- Coverage: New motor vehicles purchased or leased in Georgia for personal, family, or household use
- Lemon Law Rights Period: 24 months from original delivery or 24,000 miles, whichever comes first
- Presumption: 3+ repair attempts OR 1 serious safety defect attempt OR 30+ days out of service
- Remedies: Replacement vehicle or full refund at consumer’s choice
- Arbitration: State-certified arbitration through Attorney General’s Consumer Protection Division
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Collateral charges and incidental costs |
| Resale of returned lemon without disclosure | Rescission of sale | Title branding requirements |
| Manufacturer failure to comply with arbitration decision | Court enforcement | Additional civil penalties |
Table of Contents
📑 Table of Contents (click to expand)
- Georgia Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Georgia Lemon Law Arbitration
- Manufacturer Defenses
- Leased Vehicle Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Georgia Lemon Law Overview
Georgia’s lemon law, officially known as the Motor Vehicle Warranty Rights Act (Official Code of Georgia Annotated §§ 10-1-780 through 10-1-793), provides strong consumer protections for buyers and lessees of defective new motor vehicles in the Peach State. This comprehensive law ensures that Georgia consumers who purchase vehicles with persistent, unrepairable defects have meaningful remedies available.
The Georgia lemon law establishes a “lemon law rights period” during which consumers may seek relief if their vehicle cannot be brought into conformity with the manufacturer’s warranty. Georgia’s law is notable for its inclusion of serious safety defects as a separate category, requiring only one repair attempt for such defects before the presumption applies.
The law is administered in part by the Georgia Attorney General’s Consumer Protection Division, which provides a state arbitration program for consumers who meet the eligibility requirements. This program offers an accessible, relatively quick alternative to litigation.
What Vehicles Are Covered
Under O.C.G.A. § 10-1-782, Georgia’s lemon law covers specific types of motor vehicles that meet certain criteria.
Covered Vehicle Types
- New motor vehicles: Vehicles purchased new in Georgia
- Passenger automobiles: Sedans, coupes, hatchbacks, and similar vehicles
- Trucks: Pickup trucks used primarily for personal purposes
- SUVs and crossovers: Sport utility vehicles for personal, family, or household use
- Vans: Passenger vans and minivans
- Leased vehicles: New vehicles acquired through lease agreements
- Demonstrator vehicles: Demo vehicles with manufacturer warranty
Vehicles Not Covered
- Motorcycles
- Motor homes (living quarters portion)
- Vehicles with a gross vehicle weight rating over 10,000 pounds
- Vehicles purchased primarily for business purposes by companies with three or more vehicles
- Used vehicles
- Off-road vehicles
The Lemon Law Rights Period
Georgia’s lemon law rights period is the earlier of:
- 24 months following the date of original delivery of the motor vehicle to the consumer, OR
- The first 24,000 miles of operation
Problems must first be reported within this period to qualify for lemon law protection.
The Lemon Law Presumption
Under O.C.G.A. § 10-1-784, Georgia law creates a presumption that helps consumers prove their lemon law cases. When certain conditions are met during the lemon law rights period, the law presumes that a reasonable number of repair attempts have been undertaken.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Same nonconformity has been subject to repair 3+ times and continues to exist |
| Serious Safety Defect | 1 repair attempt | Life-threatening malfunction repaired once but continues or recurs |
| Days Out of Service | 30 or more business days | Cumulative total out of service for repair of one or more nonconformities |
| Timeframe | Within lemon law rights period | 24 months or 24,000 miles, whichever comes first |
Written Notice Requirement
The presumption does not apply unless the consumer has given written notice to the manufacturer of the need for repair. This notice must be sent by certified mail, return receipt requested, or by statutory overnight delivery. After receiving the notice, the manufacturer must have at least one opportunity to cure the nonconformity.
What Qualifies as a “Nonconformity”?
A nonconformity is a defect, malfunction, or condition that substantially impairs the use, value, or safety of the motor vehicle and that is covered by the manufacturer’s express warranty. Examples include:
- Engine or transmission failures
- Brake system malfunctions
- Steering problems
- Electrical system failures
- Airbag or safety restraint defects
- Fuel system problems
- Suspension defects affecting vehicle handling
Serious Safety Defects
Georgia’s lemon law provides enhanced protection for serious safety defects. A “serious safety defect” is a life-threatening malfunction or nonconformity that substantially impedes the consumer’s ability to control or operate the motor vehicle for ordinary use or that creates a substantial risk of fire or explosion. For these defects, only one repair attempt is required before the presumption applies.
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to warranty after a reasonable number of attempts, O.C.G.A. § 10-1-784 requires the manufacturer to provide relief.
Consumer’s Right to Choose
Georgia law gives the consumer the right to elect either a replacement vehicle or a refund. The choice belongs to the consumer.
Option 1: Replacement Vehicle
The manufacturer must provide a replacement motor vehicle that is:
- Identical or reasonably equivalent to the vehicle being replaced
- Acceptable to the consumer
- Accompanied by all applicable express warranties
The manufacturer must also pay all collateral charges and incidental costs associated with the replacement.
Option 2: Full Refund (Repurchase)
The manufacturer must repurchase the motor vehicle and refund:
- Full purchase price: The total amount paid for the vehicle
- Collateral charges: Sales tax, title fees, registration fees, finance charges, and similar costs
- Incidental costs: Reasonable expenses for towing, rental vehicles, and other costs caused by the nonconformity
Reasonable Allowance for Use: The manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle. Georgia’s formula:
Allowance = (Purchase Price × Miles at First Report) ÷ 100,000
Refunds are distributed to the consumer and any lienholder, as their interests may appear.
How to File a Lemon Law Claim in Georgia
Following the proper procedure is essential for a successful Georgia lemon law claim.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates the vehicle was in the shop for repairs
- Document specific symptoms and problems
- Save all correspondence with dealer and manufacturer
- Note odometer readings at each repair visit
Step 2: Report Problems Promptly
Report each nonconformity to an authorized dealer or the manufacturer as soon as it occurs. Ensure that you report problems within the lemon law rights period (24 months or 24,000 miles).
Step 3: Send Written Notice to Manufacturer
Before the presumption applies, send written notice to the manufacturer by certified mail, return receipt requested, or by statutory overnight delivery. The notice should include:
- Your contact information
- Vehicle identification (year, make, model, VIN)
- Description of the nonconformity
- History of repair attempts
- Request that the manufacturer repair or resolve the problem
Step 4: Allow Final Repair Opportunity
After receiving your written notice, the manufacturer must have at least one opportunity to cure the nonconformity.
Step 5: File for Arbitration
If the manufacturer fails to repair the vehicle, you may apply for state arbitration through the Georgia Attorney General’s Consumer Protection Division.
Georgia Lemon Law Arbitration
Georgia provides a state-certified arbitration program administered by the Attorney General’s Consumer Protection Division.
How the Georgia Arbitration Program Works
- Submit an application to the Consumer Protection Division
- Provide all documentation including repair orders, correspondence, and vehicle information
- The Division reviews eligibility and schedules a hearing
- Both consumer and manufacturer present their cases before an arbitration panel
- The panel issues a decision
Arbitration Decision
- If the panel finds in favor of the consumer, the manufacturer must comply within 40 days
- If the consumer accepts the decision, it is binding on both parties
- Consumers may reject the decision and pursue court action instead
Manufacturer Compliance
If a manufacturer fails to comply with an arbitration decision within the required timeframe, the consumer may bring an action in court to enforce the decision. The court may award the consumer treble damages and attorney fees.
Manufacturer Defenses
Manufacturers may raise several defenses to lemon law claims in Georgia.
Valid Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use, value, or safety | Document specific impacts and safety concerns |
| Consumer abuse or neglect | Defect resulted from abuse, neglect, or unauthorized modifications | Provide maintenance records and evidence of proper care |
| Outside coverage period | Problem first reported after lemon law rights period expired | Show documentation of earlier reports within coverage period |
| No written notice | Consumer failed to provide required written notice | Provide proof of certified mail or delivery receipt |
Leased Vehicle Protections
Georgia’s lemon law provides full protection for consumers who lease new motor vehicles.
Lessee Remedies
- Lease termination: The lease is cancelled with no further payment obligations
- Refund of payments: All lease payments previously made are refunded
- Security deposit: Any deposit is returned in full
- No early termination fees: The lessee cannot be charged for early lease termination
Both the lessor and manufacturer have responsibilities in lemon law cases. Refunds are distributed between the lessee and lessor according to their respective interests.
Electric Vehicle Considerations
Electric vehicles are covered under Georgia’s lemon law. EV owners should be aware of unique issues.
Common EV Defects That May Qualify
- Battery capacity degradation beyond normal specifications
- Charging system failures
- Range significantly below manufacturer representations
- Electric motor malfunctions
- Software defects affecting vehicle operation or safety
- Thermal management system failures
- Regenerative braking problems
EV Documentation Tips
- Record charging history and any failures
- Document range performance versus manufacturer specifications
- Keep records of software updates
- Save error codes and diagnostic reports
Statute of Limitations
Understanding Georgia’s timing requirements is essential for lemon law claims.
Key Deadlines
- Lemon law rights period: 24 months or 24,000 miles, whichever comes first
- Written notice: Must be provided before the presumption applies
- Arbitration application: Should be filed within the applicable time limits after exhausting repair opportunities
- Court action: Must be filed within the general statute of limitations for warranty claims
Continuing Repairs
If a vehicle is in the possession of the manufacturer, its agent, or the dealer for repair on the date the lemon law rights period expires, the rights period extends until the vehicle is returned to the consumer.
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Georgia?
Georgia law presumes a vehicle is a lemon after three or more repair attempts for the same nonconformity, or after one repair attempt for a serious safety defect, or if the vehicle has been out of service for 30 or more cumulative business days. These conditions must occur within the lemon law rights period, and you must provide written notice to the manufacturer.
Does Georgia’s lemon law cover used vehicles?
No, Georgia’s lemon law applies only to new motor vehicles. Used vehicles are not covered. However, used vehicle buyers may have other remedies under Georgia’s Fair Business Practices Act or the federal Magnuson-Moss Warranty Act.
What is a “serious safety defect” under Georgia law?
A serious safety defect is a life-threatening malfunction or nonconformity that substantially impedes the consumer’s ability to control or operate the vehicle for ordinary use or creates a substantial risk of fire or explosion. For serious safety defects, only one repair attempt is required before the presumption applies.
How is the usage allowance calculated in Georgia?
The usage allowance is calculated by multiplying the purchase price by the miles driven at the time the consumer first reported the nonconformity, then dividing by 100,000. For example, if you paid $40,000 and drove 4,000 miles before reporting the defect, the allowance would be $1,600.
Must I use arbitration before filing a lawsuit?
Georgia law requires consumers to go through the state arbitration process or a manufacturer’s certified arbitration program before filing a civil lawsuit for lemon law relief.
What if the manufacturer does not comply with the arbitration decision?
If the manufacturer fails to comply with an arbitration decision within the required timeframe (typically 40 days), you may bring an action in court to enforce the decision. The court may award treble damages and attorney fees.
Are leased vehicles covered under Georgia’s lemon law?
Yes, leased vehicles are fully covered. If your leased vehicle qualifies as a lemon, you are entitled to lease termination, refund of all lease payments, return of your security deposit, and you will not be charged early termination fees.
Resources and Legal Help
Official Resources
- Georgia Attorney General: Lemon Law
- Georgia Lemon Law Complaint Process
- Georgia Code: Motor Vehicle Warranty Rights Act
- Georgia Department of Revenue: Motor Vehicles