TITLE 10
COMMERCE AND TRADE
Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.
ARTICLE 28
GEORGIA LEMON LAW
10-1-790. Requirements for transfer of reacquired vehicle.
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No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the Attorney General of the proposed sale or:
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The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and
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The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first.
A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399.
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The manufacturer shall have 30 days to notify the Attorney General that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee.
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If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section.
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Manufacturers shall use forms approved by the Attorney General. The forms shall contain the information required under this Code section and any other information the Attorney General deems necessary for implementation of this Code section.
(Code 1981, §10-1-790, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)
The 2015 amendment,
effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section.
Law reviews.
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For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
Cases Citing Georgia Code 10-1-790 From Courtlistener.com
Total Results: 2
Court: Ga. Ct. App. | Date Filed: 2022-02-01T00:00:00-08:00
Snippet: Law. We
disagree.
This enumeration of error involves statutory construction, which is a legal issue
that we address de novo. See Hill v. First Atlantic Bank, 323 Ga. App. 731, 732 (747
SE2d 892) (2013). The statute at issue here, OCGA § 10-1-790 (a), provides:
No manufacturer, its authorized agent, new motor vehicle dealer, or
other transferor shall knowingly resell, either at wholesale or retail,
lease, transfer a title, or otherwise transfer a reacquired vehicle,
Court: Ga. Ct. App. | Date Filed: 2016-11-15T00:00:00-08:00
Citation: 339 Ga. App. 439, 793 S.E.2d 618, 2016 Ga. App. LEXIS 640
Snippet: not agree to the terms stated in the letter, and the Benders filed this lawsuit.
1. We turn first to the Benders’ claims that Southtowne violated the Georgia Lemon Law and the Georgia FBPAby failing to make the disclosures required by OCGA § 10-1-790 (a) of the Georgia Lemon Law statute. Because there is a dearth of authority on the Georgia Lemon Law, we start by setting out the statutory framework.
The Georgia Lemon Law, which became effective January 1, 2009,
10
was passed by