5 Costly Myths About the Georgia Lemon Law (And the Facts That Could Win Your Case)
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.
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).
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.