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NEW CAR WARRANTY RIGHTS ACT
Under the 1990 Georgia Motor Vehicle Warranty Rights Act, if the NEW vehicle you purchase or lease has certain nonconformities which cannot be repaired in a reasonable number of attempts, you may have a right for the manufacturer to repurchase or replace the vehicle.
The Warranty Rights Period in which you will have this protection, is for any nonconformity which first appears during the initial 12 months or 12,000 miles of your ownership, whichever comes first, regardless of how long the manufacturer's written warranty is. Defects appearing after the first 12 months or 12,000 miles but still under the manufacturer's written warranty may be covered under a different law; contact the Office of Consumer Affairs.
Vehicles covered under the law are any self propelled vehicle designed to travel public highways. However, the law excludes the following vehicles: certain parts of Motor Homes, Motorcycles, and Trucks with 10,000 pounds or more gross vehicle weight rating.
A New vehicle includes some demonstrators models, and vehicles that have never been titled to anyone other than the selling dealer before being tilted to the purchaser.
A Nonconformity is any defect, serious safety defect or condition which substantially impairs the use, value or safety of your vehicle. However, the defect is not covered under the law if it is the result of abuse, neglect or any unauthorized modification.
If a reasonable number of repair attempts takes place on a covered vehicle within 24,000 miles or 24 months, whichever occurs first, of the initial repair attempt, you must notify the manufacturer and allow the manufacturer one final repair attempt. If the manufacturer cannot repair the vehicle, then you can demand a replacement or repurchase of the unrepaired vehicle.
A reasonable number of repair attempts means one of the following:
The selling dealer must collect a $3.00 warranty rights act fee on every covered vehicle sold or leased. The selling dealer should provide the owner's manual produced by the manufacturer with each new vehicle sold or leased. The manufacturer should include in the manual a list of manufacturer addresses and customer service phone numbers. The customer service representatives listed will be authorized to direct any repair work that may need to be done to the new vehicle.
A consumer should document every repair attempt. After each repair attempt the vehicle owner should obtain and keep a copy of the repair receipt, which should legibly state the following:
If you do not receive such a repair receipt, contact the dealer; if you still can't get it, contact the Office of Consumer Affairs.
When it appears that a reasonable number of repair attempts regarding the nonconformity has been met and the defect is not repaired or corrected, you should contact the Office of Consumer Affairs for more specific information about your rights. If you choose to proceed under the Motor Vehicle Warranty Rights Act, you may be waiving other legal rights. It is very important that you understand the waiver of these rights before beginning proceedings under the Motor Vehicle Warranty Rights Act.
If you choose to proceed under the Warranty Rights Act, you must notify the manufacturer in writing when a reasonable number of repair attempts has been made. Upon receipt of the notification, the manufacturer must be given one final opportunity to repair the nonconformity. If the manufacturer cannot repair the nonconformity, the manufacturer must, at the option of the consumer, either repurchase or replace the vehicle.
If a dispute arises over the repurchase or replacement of the vehicle, you may submit the dispute to an informal dispute resolution settlement mechanism if certified by the state. Contact the Office of Consumer Affairs for information regarding which informal dispute resolution settlement mechanisms are certified by the state. Appeals may be made to a state operated arbitration panel, and then to Superior Court. You may request an application for state operated arbitration by contacting:
(404) 656-3790 in metro Atlanta, or 1-800-869-1123, statewide.
The above information is only a brief summary
of your rights and remedies as a Georgia consumer under the Georgia Motor
Vehicle Warranty Rights Act. If you think your vehicle may have a nonconformity
which qualifies for protection, you should contact the Governor's Office of
Consumer Affairs for more detail information.
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