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HB 0470 - Georgia Lemon Law; enact

Tracking Level: Passed
Sponsor: Parrish,Butch 156th
Last Action: 5/14/2008 - House Date Signed by Governor
House Committee: Judy
Senate Committee: S JUDY
Assigned To:
05. Superior CourtsNext Bill

Staff Analysis of the Legislation

HB 470 enacts the “Georgia Lemon Law”.  The bill is intended to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles. It provides a method for notifying consumers of their rights, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise those rights. The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer.  At the time of purchase, the dealer shall provide a written statement that explains the consumer’s rights under this article.  If a consumer reports nonconformity during the lemon law rights period, the manufacturer/agent/dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. If the nonconformity cannot be fixed the consumer shall give written notice to the manufacturer of the need to repair and correct the nonconformity.  If the manufacturer is unable to correct nonconformity after the final attempt or the vehicle has been out of service for 30 days, the manufacturer shall repurchase or replace the vehicle.  The manufacturer shall have 10 days from receipt of the notice to repurchase or replace the vehicle.  If a manufacturer fails to replace or repurchase the vehicle the consumer may move to compel replacement or repurchase by applying for arbitration.  A consumer whose dispute is determined to be ineligible for arbitration may appeal that determination.  The decision of the arbitrator is final unless a party appeals the decision to the superior court within 30 days.  A fee of $3.00 shall be collected by the dealer from the consumer at completion of sale of each new vehicle that will be deposited in the new motor vehicle arbitration account.  A violation of this article shall constitute an unfair and deceptive act or practice in conduct of consumer transactions.

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