Understanding Lon Law Applicability On Georgia's Appliance Market

In Georgia, landlords are not required by state law to provide appliances such as refrigerators or stoves. However, they are legally required to meet certain habitability requirements, which include providing a property that meets specific health and safety standards and fixing issues that violate them. This includes maintaining working plumbing, electrical wiring, and sanitation facilities. While the state does not mandate the provision of appliances, landlords may be required to maintain them if they are provided and impact basic habitability.

Additionally, the federal Magnuson-Moss Warranty Act of 1975, also known as the Appliance Lemon Law, protects consumers in all states from deceptive warranty practices and ensures manufacturers honor their warranties. This law covers most consumer products, including appliances, and provides recourse if a product is defective and cannot be repaired or replaced within a certain timeframe.

What constitutes a 'lemon' appliance?

A "lemon" is a product that has defects or nonconformities that cannot be repaired within a reasonable amount of time or number of repair attempts. A lemon appliance is typically defined as an appliance that requires repeated repairs or the same defect needs to be repaired multiple times while the warranty is in effect.

Lemon laws, or consumer protection laws, vary by state, and while many of them protect buyers of appliances, some states only cover defective vehicles. Generally, a person with a car, truck, SUV, computer or appliance with a warranty may seek lemon law relief after seeking multiple repairs or noticing problems with the product.

In the state of Georgia, the Lemon Law is designed to help consumers get a defective vehicle repaired by the manufacturer. If a motor vehicle cannot be repaired after a reasonable number of attempts and is deemed a "lemon", the law requires the manufacturer to replace or buy back the vehicle. While the Georgia Lemon Law only mentions motor vehicles, federal lemon law also protects consumers from defective appliances.

To be considered a lemon appliance, the product must have a valid warranty or service contract, and the manufacturer must not have honoured the warranty within a reasonable time, or the number of repair attempts must be deemed unacceptable.

Examples of appliances that may be considered lemons include refrigerators, heating, ventilation, and air conditioning (HVAC) equipment, kitchen appliances like dishwashers, washers, dryers, stoves, cooktops, and ovens.

What are the requirements for a valid lemon law claim?

To make a valid lemon law claim in Georgia, you must meet the following requirements:

• The vehicle must have been purchased, leased, or registered as new in Georgia.
• Repairs must have been attempted by an authorized dealer or repair facility within the first two years or 24,000 miles, whichever comes first.
• You must be the original purchaser or lessee of the vehicle, and the title must still be in your name.
• The vehicle must have been purchased for personal use or for business purposes for a business with up to 10 vehicles.
• The defect must be covered by the manufacturer's warranty, or it must substantially impair the vehicle's safety, value, or use.

It is important to note that the Georgia Lemon Law only applies to motor vehicles and does not cover motorcycles, mopeds, all-terrain vehicles, boats, trucks with a gross vehicle weight rating of more than 12,000 pounds, and non-self-propelled vehicles such as trailers and campers.

Additionally, to make a valid lemon law claim, it is recommended to work with an experienced lemon law attorney who can guide you through the process and protect your interests.

What are the possible outcomes of a lemon law claim?

The outcomes of a lemon law claim vary depending on the state and the damages incurred. If your claim is successful, you may be able to receive a cash settlement, a replacement vehicle, or a refund. The manufacturer or dealership may also offer to buy the product back from you. In some cases, you can also recover compensation for repair costs, early termination costs, and other costs incurred as a direct result of the defect.

In the state of Georgia, the lemon law is designed to help consumers get a defective vehicle repaired by the manufacturer. If the motor vehicle cannot be repaired after a reasonable number of attempts, the law requires the manufacturer to replace or buy back the vehicle. The Georgia Lemon Law is administered by the Consumer Protection Division of the Georgia Department of Law.

To be eligible for the Georgia Lemon Law, you must meet the following requirements:

• The vehicle was purchased, leased, or registered in Georgia.
• Repairs were attempted by an authorized dealer or repair facility within the first two years or 24,000 miles, whichever came first.
• You are the person who leased or purchased the vehicle, and it is still in your name.
• The vehicle was purchased for personal use or for business purposes for a business with up to 10 vehicles.
• The defect is covered by the manufacturer's warranty and/or substantially impairs the vehicle's use, value, or safety.

If you meet the eligibility requirements, you must then follow the steps outlined by the Georgia Lemon Law process, which includes allowing for a reasonable number of repair attempts, a final repair attempt, and requesting repurchase or replacement from the manufacturer. If the manufacturer does not comply, you may proceed to arbitration and, if necessary, court.

If you are successful in your Georgia lemon law claim, you may be able to recover attorney's fees, a lemon law buyback, or a replacement of your vehicle. A buyback will include a refund of costs such as sales tax, interest on your auto loan, towing expenses, and rental vehicle fees, minus an offset for use. If you choose to have your vehicle replaced, you will receive an identical or equivalent vehicle, along with compensation for any reasonable incidental expenses.

What is the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act is a federal law that governs the content and regulation of consumer product warranties. Passed by Congress in 1975, the Act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage.

The Act establishes three basic requirements that must be met by the manufacturer, seller, or warrantor of a consumer product:

• Written warranties must be titled either "full" or "limited".
• Warranties must outline the coverage they provide using language that is easy to understand.
• Warranties must be available for consumers wherever the product they cover is sold.

The Act also includes a number of restrictions for implied warranties. Every consumer product sold comes with an implied warranty, which is created by operation of law. Although these warranties are not written, they still guarantee that products and services will satisfy consumers' reasonable expectations of them. In layman’s terms, implied warranties require consumer products to meet certain minimum levels of quality.

The Magnuson-Moss Warranty Act also makes it easier for consumers to file breach of warranty claims after purchasing defective products. The Act allows consumers to recover attorneys’ fees, court costs, and other expenses when they prevail. This fee-shifting provision levels the playing field and makes it feasible for consumers to bring claims against some of the world’s largest corporations.

The Magnuson-Moss Warranty Act, often referred to as the federal Lemon Law, applies to cars, trucks, motorcycles, and all other consumer products. It is the foundation for state lemon laws, which mostly only cover defective vehicles.

What is the Georgia Lemon Law rights period?

The Georgia Lemon Law Rights Period lasts for 24 months or 24,000 miles, whichever comes first. Consumers must bring their vehicle in for repairs during this period for it to qualify for protection under the Georgia Lemon Law.

The Lemon Law Rights Period begins on the date of the original delivery of the new motor vehicle to the consumer. The period is extended by one day for each day that repair services are not available due to a strike, war, invasion, terrorist act, blackout, fire, flood, or other disaster.

If the vehicle is in for repair when the rights period expires, it is still covered under the Georgia Lemon Law. Additionally, if a defect was "repaired" during the Lemon Law Rights Period but reappears after the rights period ends, it is still covered under the law.

After the Lemon Law Rights Period, consumers have an additional 12 months to file for arbitration. If these deadlines are missed, consumers can still file a claim under the Magnuson-Moss Warranty Act, which covers all warranty claims.

Frequently asked questions