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2018 Georgia Code 10-1-631 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-631 Case Law from Google Scholar Amendments to OCGA 10-1-631

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 22 MOTOR VEHICLE FRANCHISE PRACTICES

10-1-631. Practices violative of existing law.

  1. It is declared to be violative of the existing law of the State of Georgia for any franchisor:
    1. To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or
    2. To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer.
  2. Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of Part 1 of this article, the "Georgia Motor Vehicle Franchise Practices Act."

(Code 1981, §10-1-631, enacted by Ga. L. 1993, p. 1585, § 2.)

JUDICIAL DECISIONS

Bad faith required.

- A violation of O.C.G.A. § 10-1-631 was not established by the prospective transferee of a franchise who failed to show that the franchisor acted in bad faith in rejecting the transfer. Hickman v. American Honda Motor Co., 982 F. Supp. 881 (N.D. Ga. 1997), aff'd, 138 F.3d 958 (11th Cir. 1998).

Finance company was not a franchisor and could not be liable under Georgia Motor Vehicle Dealer's Day in Court Act, O.C.G.A. § 10-1-630 et seq. Nissan Motor Acceptance Corp. v. Stovall Nissan, Inc., 224 Ga. App. 295, 480 S.E.2d 322 (1997).

No legal duty to consumer.

- Trial court erred by denying a franchisor's motion for summary judgment with regard to a consumer's negligence claim predicated on the Franchise Practices Act, O.C.G.A. § 10-1-620 et seq., as the Act did not impose a legal duty upon the franchisor to prevent a franchisee from presenting an unreasonable risk of harm to members of the public like the consumer. DaimlerChrysler Motors Co. v. Clemente, 294 Ga. App. 38, 668 S.E.2d 737 (2008).

Cited in Capital Ford Truck Sales, Inc. v. Ford Motor Co., 779 F. Supp. 1345 (N.D. Ga. 1990); Coffee v. GMAC, 5 F. Supp. 2d 1365 (S.D. Ga. 1998).

PART 3 M OTOR VEHICLE WARRANTY PRACTICES

10-1-640. Short title.

This part shall be known and may be cited as the "Motor Vehicle Warranty Practices Act."

(Code 1981, §10-1-640, enacted by Ga. L. 1993, p. 1585, § 2.)

RESEARCH REFERENCES

ALR.

- Validity, construction and effect of state motor vehicle warranty legislation, 88 A.L.R.5th 301.

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