Law & Legal & Attorney Government & administrative Law

Used Automobile Lemon Laws in Georgia

    FTC Used Car Rule

    • Federal law requires a used car dealer to provide a "Buyer's Guide" that states the following information: whether the vehicle is sold "as is" or with a warranty; what percentage of costs the dealer will pay for repairs while under warranty; that oral promises are difficult to enforce and that the buyer should get all promises in writing; that the buyer should keep the buyer's guide after the sale; identification of any major mechanical or electrical problems of which the consumer should be aware; and that the consumer has a right to have the car inspected by an independent mechanic before purchase.

      According to the Federal Trade Commission's used car rule, a "used vehicle" is any car, light-duty van or truck "that has driven more than the distance necessary for test driving or moving the vehicle prior to delivery to the consumer." The rule means the law views as used cars vehicles used by dealerships for test drives.

    Unfair and Deceptive Practices Act

    • The Governor's Office of Consumer Affairs enforces Georgia's primary consumer protection law, the "Fair Business Practices Act of 1975." A person filing for relief under the Act does not have to prove he was confused or that he misunderstood the dealer. A court may apply sections 10-1-370 through 10-1-375 of the "Deceptive or Unfair Practices Act" in cases involving used vehicle purchases.

    Relief and Recovery of Costs

    • Filing a consumer petition requires the assistance of an attorney. A petitioner receives relief after the attorney files a formal legal petition or complaint with the appropriate court and the court makes a determination. Under the Act, the party awarded judgment can recover attorney's fees and court costs.

    Warranty Information

    • In Georgia, the statement "As Is--No Warranty" in the buyer's guide suffices to eliminate implied warranties. For a full warranty, as opposed to a limited warranty, the warranty must identify the following: that the warranty applies to anyone who owns the vehicle during the warranty period; the warranty is free of charge, even for installing and uninstalling components; the consumer can choose between replacement and a refund if the seller cannot repair the vehicle within a reasonable number of tries; the consumer does not have to take action to receive services, except to state verbally or non-verbally that service is required; and implied warranties are not limited in length.

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