| 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 lien holder 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.
If
you own a lemon in Alabama,
Arkansas,
Florida,
Georgia,
Mississippi,
North
Carolina, South
Carolina or Tennessee,
click on your state to learn how
to get rid of your lemon!
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