What Is the Lemon Law in Georgia for Used Cars
Georgia's Lemon Law, codified as O.C.G.A. § 10-1-780 et seq., creates legal remedies for consumers who acquire defective motor vehicles. The statute mandates that manufacturers repair, replace, or repurchase vehicles with nonconformities that substantially impair their use, value, or safety. Georgia's lemon law, however, provides protection solely for new motor vehicles. The Georgia Attorney General's Consumer Protection Division confirms that used vehicles fall outside the scope of state lemon law coverage, without exception for vehicle age, mileage, or condition. Protection under the lemon law extends for two years from original delivery or 24,000 miles of operation, whichever milestone arrives first.
What Protections Do Used Car Buyers Have in Georgia?
While Georgia's lemon law omits used vehicles from its coverage, federal statutes offer vital consumer safeguards.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act creates federal protection when sellers or manufacturers breach warranty obligations on consumer products, including motor vehicles. Under this federal statute, consumers may pursue legal action for:
- Breaches of written warranty commitments made by dealers or manufacturers
- Violations of warranties implied by statute
- Failures to honor service agreement provisions
FTC Used Car Rule
The Federal Trade Commission's Used Car Rule mandates that dealers attach a Buyer's Guide to each used vehicle prior to sale. This disclosure must communicate:
- Whether the dealer extends warranty coverage or sells without protection
- Which mechanical components and systems receive warranty coverage
- How long any warranty remains valid
- What share of repair expenses the dealer assumes under warranty
- Instructions for securing vehicle history records and verifying recall information
Understanding "As Is" Sales in Georgia
Georgia law allows dealers to sell used vehicles "as is," shifting complete post-sale repair responsibility to buyers. The Georgia Attorney General's Office cautions that "as is" transactions carry no warranty, and oral assurances typically hold no weight unless memorialized in written form.
What "As Is" Means for Buyers
When acquiring a vehicle through an "as is" transaction:
- The dealer assumes no liability for repairs after sale completion
- You shoulder complete financial responsibility for defects identified following purchase
- You pay for mechanical, electrical, and structural failures that surface after delivery
- No warranty coverage extends to vehicle condition or functionality
Limited Dealer Disclosure Requirements
Georgia law mandates dealer compliance with Federal Trade Commission disclosure standards. Dealers must post the Buyers Guide on every used vehicle and provide buyers with a copy before completing the transaction. The Guide must unambiguously communicate whether the vehicle carries warranty protection or is sold "as is."
Limited Exceptions to "As Is" Protection
Legal recourse may exist despite an "as is" designation when dealers:
- Commit fraudulent acts in the sale transaction or document preparation
- Execute unauthorized changes to sales contracts or associated paperwork
- Refuse to fulfill express warranty obligations documented in writing
Filing a Consumer Complaint
Georgia consumers experiencing disputes with used car dealers may submit complaints to the Consumer Protection Division.
Georgia Attorney General's Office
Consumer Protection Division
40 Capitol Square, SW, Atlanta, GA 30334
Phone: (404) 651-8600
Toll-free: (800) 869-1123
Official Website: Georgia Attorney General's Consumer Protection Division
