Buying a vehicle is a major investment, and when a car turns out to have persistent defects, it can be frustrating and costly. Fortunately, Georgia’s Lemon Law provides protection for consumers who purchase new vehicles with significant defects. However, it does not typically apply to used cars.
In this article, we will explore Georgia’s Lemon Law, whether it applies to used cars, and what legal protections exist for consumers who purchase a defective vehicle in Georgia.
Understanding Georgia’s Lemon Law
Georgia’s Lemon Law is codified in the Official Code of Georgia Annotated (O.C.G.A.) § 10-1-780 through § 10-1-795. This law is designed to protect consumers who purchase new vehicles that have persistent mechanical defects affecting safety, use, or value.
What Vehicles Are Covered?
Georgia’s Lemon Law applies to:
✔ New motor vehicles that are purchased or leased in Georgia.
✔ Personal, family, or household-use vehicles (not commercial vehicles).
✔ Defects reported within the first 24 months or 24,000 miles (whichever comes first).
✔ Serious defects that substantially impair the vehicle’s safety, use, or value.
🚫 What Vehicles Are Not Covered?
- Used vehicles (unless they are still under the original factory warranty).
- Motorcycles, ATVs, boats, or tractors.
- Vehicles over 10,000 pounds (such as commercial trucks).
Does Georgia’s Lemon Law Cover Used Cars?
No. Georgia’s Lemon Law does not apply to used cars, even if they develop serious defects. The law only protects new vehicles that experience problems during their first 24 months or 24,000 miles while under the manufacturer’s warranty.
However, if a used car is still covered by the original manufacturer’s warranty, some warranty protections may apply. Consumers purchasing used cars must rely on other legal protections, which we will discuss below.
How Georgia’s Lemon Law Works
If a new car has a serious defect, Georgia’s Lemon Law requires the manufacturer to:
1️⃣ Attempt Repairs: The manufacturer or dealer must be given a reasonable number of attempts to fix the defect.
2️⃣ Replacement or Refund: If the problem is not fixed after multiple repair attempts, the consumer is entitled to a refund or replacement vehicle.
3️⃣ Arbitration & Legal Action: If the manufacturer refuses to comply, the consumer can file a Lemon Law claim or take the case to court.
⏳ Time Limit: The defect must be reported within 24 months or 24,000 miles of the vehicle’s purchase, whichever occurs first.
📑 Key Requirement: The consumer must notify the manufacturer in writing and allow them to attempt repairs before pursuing a claim.
Legal Protections for Used Car Buyers in Georgia
Because Georgia’s Lemon Law does not apply to used cars, consumers purchasing used vehicles must rely on other consumer protection laws to seek compensation or repairs.
- Georgia’s Fair Business Practices Act (FBPA)
The Georgia Fair Business Practices Act (FBPA) (O.C.G.A. § 10-1-390 et seq.) protects consumers from fraudulent and deceptive business practices, including used car sales.
Under the FBPA, a car dealer cannot:
🚫 Misrepresent a vehicle’s condition, history, or mileage.
🚫 Sell a car without disclosing prior accidents, flood damage, or salvage titles.
🚫 Engage in odometer fraud (rolling back mileage).
🚫 Advertise a vehicle as certified when it has major defects.
If a dealer engages in fraudulent sales practices, the buyer can file a lawsuit for damages, including:
✔ A refund or replacement vehicle.
✔ Reimbursement for repair costs.
✔ Additional compensation if the dealer acted knowingly and willfully.
Consumers can also file complaints with the Georgia Department of Law’s Consumer Protection Division.
- Implied Warranties for Used Cars in Georgia
Even though a used car is not covered by Georgia’s Lemon Law, it may still be covered by implied warranties:
- Warranty of Merchantability
- A used car must be fit for ordinary driving purposes when sold.
- If a car has major mechanical issues right after purchase, the dealer may be responsible for repairs.
- Warranty of Fitness for a Particular Purpose
- If a dealer recommends a specific car for a buyer’s needs, and the car fails to meet those needs due to defects, the dealer may be liable.
⚠ Important Note:
- If a vehicle is sold “as is,” the buyer waives these implied warranties, meaning they have little legal recourse unless the dealer committed fraud.
- Georgia’s Used Car “Buyer’s Guide” Requirement
Under federal law, all used car dealerships must provide a “Buyer’s Guide” that discloses whether the vehicle:
✅ Comes with a warranty or is sold “as is”.
✅ Has known mechanical defects.
If the dealer fails to disclose defects, the buyer may have legal recourse under federal and state laws.
- Federal Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law that protects consumers who purchase a vehicle with a written warranty.
✔ If a used car comes with a dealer’s warranty or extended warranty, the dealer must honor it.
✔ If the dealer refuses to repair the vehicle as promised, the buyer may have grounds for a lawsuit.
What to Do If You Buy a Defective Used Car in Georgia
If you purchase a used car in Georgia and later discover major defects, here are steps you can take:
1️⃣ Check Your Warranty: If the car is covered by a manufacturer’s warranty, dealer warranty, or implied warranty, demand repairs.
2️⃣ File a Complaint with the Attorney General: Report fraudulent practices to the Georgia Department of Law’s Consumer Protection Division.
3️⃣ Take Legal Action: If the dealer refuses to honor a warranty or engaged in deceptive sales practices, you may be able to sue under the FBPA.
4️⃣ Consider Small Claims Court: If the damages are under $15,000, you can file a case in Georgia Small Claims Court without hiring an attorney.
How to Avoid Buying a Lemon Used Car in Georgia
✔ Buy from a reputable dealer – Research reviews and complaints with the Better Business Bureau (BBB).
✔ Get a vehicle history report – Use Carfax or AutoCheck to check for accidents and title issues.
✔ Inspect the car with a mechanic – Have a trusted mechanic conduct a pre-purchase inspection.
✔ Avoid “as-is” sales – A car sold “as is” has no warranty protections.
✔ Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website.
Final Thoughts
Georgia’s Lemon Law only applies to new vehicles, meaning used car buyers do not have the same protections. However, state and federal consumer protection laws still provide legal remedies for used car buyers who experience fraud, misrepresentation, or warranty violations. If you purchase a used car that turns out to be defective, legal options exist to hold the seller accountable. Always research before buying a used car to protect yourself from fraud and unexpected repairs
