Lemon Law - Georgia
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
10-1-780
This article shall be known and may
be cited as the "Motor Vehicle Warranty Rights Act."
10-1-781
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
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
(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
(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
(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
(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
(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
(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
(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
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
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
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
(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 thereunder
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 thereunder, 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
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.
