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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 lienholder 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.
10-1-793
(a) If a manufacturer has established an informal dispute
resolution settlement mechanism in this state and is
operating in accordance with rules promulgated by the
administrator under this article, and the administrator
has certified that the informal dispute resolution settlement
procedure complies with and is operating in accordance
with such rules, a consumer must submit a dispute under
this article to the informal dispute resolution settlement
procedure before submitting it to the new motor vehicle
arbitration panel. The administrator may adopt rules
consistent with this article under Chapter 13 of Title
50, the "Georgia Administrative Procedure Act,"
regarding the informal dispute resolution settlement
mechanisms, including but not limited to the composition,
function, training, procedures, and conduct of informal
dispute resolution settlement mechanisms and including
eligibility requirements and procedures for appeals
to a panel.Such rules must be complied with prior to
certification.
(b) Informal dispute resolution settlement mechanisms
shall take into account the principles contained in
this article and in any rules promulgated thereunder
and shall take into account all legal and equitable
factors germane to a fair and just decision. A decision
shall include any remedies appropriate under the circumstances,
including repair, replacement, refund, reimbursement
for collateral and incidental charges, and compensation
for loss of value. For purposes of this Code section,
the phrase: "Take into account the principles contained
in this article" means to be aware of the provisions
of this article, to understand how they might apply
to the circumstances of the particular dispute, and
to apply them if it is appropriate and fair to both
parties to do so.
(c) At any time the administrator has reason to believe
that a certified informal dispute resolution settlement
mechanism is not acting in conformity with this article
or with rules promulgated thereunder, he may initiate
proceedings under Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," to revoke the certification
of the informal dispute resolution settlement mechanism.
An informal dispute resolution settlement mechanism
shall keep such records as prescribed by the administrator
in rules under this article and shall submit without
notice to inspection and copying of these records by
the administrator's employees. Expenses of any copying
shall be borne by the informal dispute resolution settlement
mechanism.
10-1-794
The new motor vehicle arbitration panel or panels shall
begin operating on January 2, 1991.The administrator
in his discretion may establish and operate the panel
or panels under any of the following procedures, provided
that disputes filed during the same time period shall
not be handled under different procedures: (1) contracting
with private or public entities to conduct arbitrations
under the procedures and standards in this article,
(2) appointing private citizens to serve on a panel
or panels, or (3) hiring temporary or permanent employees
to serve on the panel or panels. Each new motor vehicle
arbitration panel shall consist of three members, none
of whom may be directly or indirectly involved in the
manufacture, distribution, sale, or service of any motor
vehicle or employed by or related to the consumer. All
panel members shall have a degree from an American Bar
Association Accredited School of Law or shall have at
least two years' experience in professional arbitration.Any
private citizens appointed by the administrator to serve
as panel members shall be reimbursed for expenses as
are members of the General Assembly and shall be compensated
at an hourly rate as determined by the administrator.
Temporary or permanent employees hired to serve on the
panels shall be in the unclassified service and may
serve on a full or part-time basis at a salary determined
by the administrator. All administrative staff hired
by the administrator to aid in the administration of
this article shall be in the unclassified service and
compensated at a salary determined by the administrator.
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