Automotive News

Buying a new car is one of the biggest purchases you’ll ever make. When that vehicle spends more time in the repair shop than on the road, the frustration is immense. Unfortunately, many Georgia drivers give up on their valid Lemon Law claims because of common myths they hear from dealerships or online.

Don’t let misinformation cost you your right to a refund or replacement. Here are five of the most costly misconceptions we hear about the Georgia Lemon Law, and the facts that prove you may have a strong case.

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Myth: The Georgia Lemon Law Only Applies to New Cars.

The Fact: The Georgia Lemon Law (Motor Vehicle Warranty Rights Act) is primarily for new vehicles purchased, leased, or registered in the state, as long as the defect occurred and was reported within the crucial Lemon Law Rights Period.

What You Must Know: The “Lemon Law Rights Period” is the first 2 years OR 24,000 miles after the original delivery date, whichever comes first.

Myth: A Loud Rattle or Minor Glitch Makes My Car a Lemon.

The Fact: The law requires the defect (or “nonconformity”) to be substantial. This means the issue must:

• Substantially Impair Use, Value, or Safety. A persistent engine stall or brake failure clearly qualifies. Even issues like a severe water leak or persistent, unfixable electrical defect that dramatically lowers the car’s resale value can qualify.
• Minor issues (like a small scratch or a loose piece of trim) may not enough to qualify the car as a lemon.

The Exception: If the defect is a serious safety defect (like issues with braking or steering), the manufacturer may just get one chance to fix it before you can proceed with a claim.

Myth: I Have to Let the Dealer Try to Fix the Car Forever.

The Fact: The Georgia law sets clear thresholds for what constitutes a “reasonable number of attempts.” Once you meet one of these thresholds, your car is presumed to be a lemon:

• Three Attempts: The manufacturer has three unsuccessful attempts to fix the same non-safety-related defect.
• One Attempt: The manufacturer has one unsuccessful attempt to fix a serious safety defect (e.g., brakes, steering, or fire risk).
• 30 Days Out-of-Service: The vehicle has been out of service for repairs for a cumulative total of 30 days or more within the Lemon Law Rights Period.

The Key Takeaway: Once you hit any of these limits, you have satisfied the “reasonable attempt” requirement. You do not need to keep taking the car back indefinitely.

Myth: I Can’t Afford to Hire a Lawyer to Fight a Car Company.

The Fact: Most Georgia Lemon Law attorneys, including Cliff Carlson Law, operate on a contingency fee basis under the state and federal fee-shifting statutes.

• Low or No Out-of-Pocket Cost: If we take your case and win (or settle), the law generally requires the manufacturer to pay your attorney’s fees, not you.
• No Win, No Fee: If we are unable to secure a recovery for you, you owe us nothing for our time.

The Bottom Line: You have every financial incentive to hire an experienced Lemon Law attorney. The manufacturer will use lawyers to defend the claim, and you should have expert representation on your side.

Myth: My Claim Ends Because the Dealer Finally Fixed It.

The Fact: Your claim is valid based on the fact that the manufacturer failed to repair the defect within a reasonable number of attempts during the statutory rights period.

Even if the defect is eventually repaired, you can still pursue a claim for the significant inconvenience, loss of use, and the diminished value of your vehicle (since it now has a substantial repair history).

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Conclusion

Don’t let common myths prevent you from recovering thousands of dollars—or getting into a safe, reliable vehicle. If your new car has been subject to multiple repairs or excessive downtime in the shop, you likely have a qualifying claim.

We offer a free, zero-obligation case review to quickly verify your eligibility and outline your potential for a full refund or replacement.

Don’t let a missing document derail your claim. Follow these 5 essential steps—from detailed repair orders to certified notice—to build an airtight Georgia Lemon Law case.

Introduction

The success of any Lemon Law claim isn’t determined by how angry you are; it’s determined by the quality of your paperwork. Manufacturers rely on consumers making small, technical mistakes in the documentation process.

If you are dealing with a defective new car in Georgia, your most important job is to maintain an ironclad record. Here is the five-part checklist you must follow to ensure your evidence is strong enough to secure a replacement or refund.

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Step 1: Save All Repair Orders, Receipts, and Communications

Your repair order (the service receipt) is the foundation of your claim. A missing or incorrect repair order can invalidate your case.

• Insist on an Itemized Repair Order: Every time your vehicle is left at the authorized dealer for diagnosis or repair—even if it’s “just a quick look”—you must receive a final, itemized repair order.
• Verify Key Information: Immediately check that the document correctly notes:
  • Your Complaint: Did the service writer accurately record your problem (e.g., “Engine stalled while driving”)?
  • Mileage and Dates: The exact odometer reading and date of drop-off and pick-up. This proves when the vehicle was “out of service.”
• Track Incidental Costs: Save receipts for every expense caused by the defect, such as rental cars, towing fees, and related travel costs. These are recoverable as “incidental damages.”

Step 2: Clearly Describe Each Problem and How It Affects Your Vehicle

Manufacturers often try to dismiss recurring issues by recording a different “cause” on each repair order (making it look like separate problems). You must maintain consistency.

• Focus on the Symptom: When you talk to the service writer, describe the problem consistently and in terms of its effect on you (e.g., Instead of saying, “The engine sensor is broken,” consider saying, “The car stalls unexpectedly, making it unsafe to drive.”).
• Explain the Impact: Briefly document how the defect affects the vehicle’s use, value, or safety (the legal standard). This strengthens the argument that the defect is “substantial.”
• Keep a Personal Log: Maintain your own running journal of every date the defect occurred, even when you didn’t take it to the dealer. This log can be used to corroborate your official repair orders.

Step 3: Follow the Recommended Process and Meet the Repair Thresholds

The manufacturer must be given a fair chance to honor their warranty. You must submit the vehicle to an authorized dealer and allow the required number of repair attempts:

• Three or 30 Days: For most problems, you must allow three attempts for the same defect OR prove the car was out of service for 30 or more cumulative days.
• One Attempt for Safety: For a serious safety issue (like braking or steering), you only need to allow one unsuccessful repair attempt.
• Timing is Everything: These attempts must occur within the Lemon Law Rights Period (2 years or 24,000 miles, whichever comes first).

Step 4: Send the Formal Notice by Certified Mail 

Once you have satisfied the repair thresholds (Step 3), you must formally notify the manufacturer in writing to trigger their legal obligation to repurchase or replace the car.

• Proof is Mandatory: The Georgia Lemon Law requires that this formal notice be sent by Certified Mail, Return Receipt Requested, or Statutory Overnight Delivery. You must be able to prove they received it.
• Keep the Receipt: The post office receipt showing the manufacturer signed for the letter is your legal proof of delivery. Keep this receipt and a copy of the letter permanently.

Step 5: Consult an Attorney if Your Claim is Denied or Delayed

Many consumers successfully gather their evidence, but the final steps—the notification, the negotiation, and arbitration—are where manufacturers employ complex legal defenses.

• Avoid Mistakes: An attorney ensures your notification is legally sufficient and that the manufacturer does not illegally deny your claim or reduce your refund unfairly.
• Attorney’s Fees Covered: Remember that under federal law, if you prevail, the manufacturer is typically required to pay your attorney’s fees, meaning you may pay nothing out of pocket for the legal expertise needed to win.

The Georgia Lemon Law and the Federal Magnuson-Moss Warranty Act offer different protections. Learn the key differences that determine your right to a refund, replacement, or cash compensation.

Introduction

When a new or recently purchased car proves to be a lemon, two distinct consumer protection laws come into play: the state-level Georgia Lemon Law (officially the Motor Vehicle Warranty Rights Act) and the federal Magnuson-Moss Warranty Act.

While both aim to hold manufacturers accountable for faulty vehicles, they differ significantly in what they cover, who they protect, and what remedies they offer. Understanding this difference is critical to pursuing the strongest possible claim.

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Part I: The Georgia Lemon Law (The State Path to Buyback/Replacement)

The Georgia Lemon Law is powerful because it offers a direct, clear path to getting out of your defective new car, but it has strict requirements.

Georgia Lemon Law: Strict Rules for New Vehicles

Criteria	Georgia Lemon Law (The State Statute)	Key Implication for Consumers
Vehicle Coverage	New Vehicles Only. Covers new cars, trucks (under 12,000 lbs GVWR), and new leased vehicles.	Generally does not cover used cars, even if they have a remaining warranty.
Claim Window	Limited to 2 Years OR 24,000 Miles, whichever comes first (the Lemon Law Rights Period).	You must meet all documentation and repair thresholds within this relatively narrow window.
Eligibility Threshold	Highly Specific: Requires either 3+ attempts to fix the same defect, 1 attempt for a serious safety defect, OR 30+ days cumulative time out of service.	You must prove the manufacturer failed its duty based on specific numbers, dates, and documentation.
Primary Remedies	Mandatory Replacement OR Full Repurchase/Refund (minus a reasonable offset for use).	Offers the clearest path to forcing the manufacturer to physically take the vehicle back.

Part II: The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act (often called the Federal Lemon Law) complements state law by providing broad protections for any product sold with a warranty.

Magnuson-Moss Act: Broader Scope and Cash Compensation

Criteria	Magnuson-Moss Warranty Act (Federal Law)	Key Implication for Consumers
Vehicle Coverage	New AND Used Vehicles. Covers any consumer product with a written warranty.	This is often the only option for used cars in Georgia that are still under the manufacturer’s original warranty.
Claim Window	Broader: Generally has a longer statute of limitations (often up to four years).	This law may still cover your claim even if you missed Georgia’s tight 2-year/24k-mile deadline.
Eligibility Threshold	Less Specific: Requires a “reasonable number of attempts” to fix a defect.	This is useful if your defects are numerous but haven’t hit the specific 3-repair mark for the same issue.
Primary Remedies	Monetary Damages and Attorney’s Fees.	Often results in a cash settlement for the diminished value of the defective car, plus the manufacturer is required to pay the consumer’s legal fees if the consumer prevails.

Conclusion: Your Smartest Path to Compensation

You are protected by both federal and state laws, and often, the Magnuson-Moss Act’s fee-shifting provision is key to making legal representation accessible.

If you have a claim, your attorney will pursue it under the combination of laws that offers the strongest legal argument and the best financial outcome for you—whether that is a vehicle buyback under the Georgia Lemon Law or significant cash compensation under the federal act. Don’t worry about the legal complexity; focus on gathering your repair records.

5 Essential Steps to File Your Georgia Lemon Law Claim (A Checklist for New Car Buyers)

If your new car keeps breaking down, you should follow these 5 steps to protect your rights under the Georgia Lemon Law. Start documenting your claim today.

Introduction

You’ve dealt with the frustration, the multiple trips to the dealer, and the days without your new car. If you suspect your vehicle is a lemon, you are not powerless. The Georgia Lemon Law provides a clear path to relief—but you must follow specific, timely steps to protect your claim.

Don’t wait until it’s too late. Here is your essential 5-step checklist for taking legal action and securing the refund or replacement vehicle you deserve.

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Step 1: Keep Meticulous Records of Every Repair

Documentation is the foundation of every successful Lemon Law claim. Without proof, your case is hard to prove, regardless of how severe your car problems are.

• Every Time is a Repair Attempt: Every visit to the authorized dealer or repair facility must be documented. Ensure you receive a fully itemized repair order, even for diagnostic visits or if the repair is free under warranty.
• Crucial Data Points: Your paperwork must show the date the car was brought in, the mileage at drop-off and pick-up, and the specific problem reported in detail.
• Track Your Downtime: Keep a personal log of every single day the vehicle was “out of service.” In Georgia, hitting 30 cumulative days out of service can automatically qualify your car as a lemon.

Step 2: Give the Manufacturer a Reasonable Chance to Fix the Defect

The law requires the manufacturer to be given a fair chance to fix the defect. In Georgia, this “reasonable number” is met when one of the following thresholds is crossed within the first 2 years or 24,000 miles (the Lemon Law Rights Period):

• Three or More Failures: The manufacturer has three or more unsuccessful repair attempts for the same non-safety-related defect.
• One Failure for Safety: The manufacturer has one unsuccessful attempt to repair a serious safety defect (e.g., issues with brakes, steering, or fire risk).
• 30 Days Out-of-Service: The car has been unavailable for a cumulative total of 30 days or more due to warranty repairs.

Action Item: Once you hit the legal threshold for your specific problem, you can stop taking the car to the shop and move to the next critical step.

Step 3: Notify the Manufacturer of the Persistent Issue in Writing

After the manufacturer has failed to correct the defect within the “reasonable number of attempts,” you must officially notify them of your intent to pursue a claim.

• Mandatory Step: This is a mandatory step under Georgia law that officially informs the manufacturer that they have failed their warranty obligation and must be done before you can demand a buyback or replacement.
• How to Send It: This notice must be sent via Certified Mail, Return Receipt Requested, or Statutory Overnight Delivery. You send this to the address provided in your vehicle’s owner’s manual, not the dealer.
• What Happens Next: The manufacturer is then entitled to one final attempt (usually 28 days) to correct the problem.

Step 4: File Your Claim through the Georgia Consumer Protection Division

If the manufacturer fails to fix the defect after receiving your formal written notice, you are now legally entitled to request a replacement or a full repurchase/refund.

• State-Run Arbitration: Georgia requires consumers to first exhaust any certified informal dispute settlement mechanism, often leading to state-operated arbitration through the Georgia Department of Law’s Consumer Protection Division.
• The Goal: The arbitration process allows a neutral third party to review your evidence and issue a binding decision on whether the manufacturer must repurchase or replace your vehicle.

Step 5: Get Legal Guidance—It Will Likely Cost You Nothing Out-of-Pocket

While the Lemon Law process is designed for consumers, fighting a major auto manufacturer is complex. We strongly recommend consulting with a Lemon Law attorney to avoid costly mistakes and maximize your compensation.

• Protect Your Rights: An attorney ensures your documentation is correct and that the manufacturer meets all deadlines.
• Maximize Your Recovery: We negotiate for a full refund (including taxes, registration, and incidental costs) or a better replacement.
• No Cost to You: Due to state and federal fee-shifting laws, the manufacturer is responsible for paying our fees if we successfully resolve your claim.