O.C.G.A.

O.C.G.A. § 10-1-792 (2019)

Limitation of liability for new motor vehicle dealers

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney’s fees and expenses of litigation incurred in connection with such proceeding.

(b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer, 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.”

History

Code 1981, § 10-1-792, enacted by Ga.

L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.

Annotations

RESEARCH REFERENCES ALR. Rescission of Automobile Contracts, 85 A.L.R.7th 1.

Sales

Notes of Decisions
Cited in 2 cases, 2006–2016 · leading case: Cory Bender v. Southtowne Motors of Newnan II, Inc., 793 S.E.2d 618 (Ga. Ct. App. 2016).
Cory Bender v. Southtowne Motors of Newnan II, Inc., 793 S.E.2d 618 (Ga. Ct. App. 2016). · cites it 2× “21 We note that while OCGA § 10-1-792 (a) provides: “Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by .”
Rodgers v. Gen. Motors Corp., 627 S.E.2d 151 (Ga. Ct. App. 2006). · cites it 2× “” OCGA § 10-1-792. Moreover, even if there were some ambiguity in the statute, which there is not, the rules of statutory construction would require the same result.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.