O.C.G.A.

O.C.G.A. § 43-47-1 (2019)

Short title

✓ 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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This chapter shall be known and may be cited as the ‘‘Used Motor Vehicle Dealers’ and Used Motor Vehicle Parts Dealers’ Registration Act.’’

History

Ga. L. 1958, p. 55, § 1; Ga. L. 1995, p. 441, § 1; Ga. L. 1999, p. 81, § 43.

Annotations

JUDICIAL DECISIONS Act not applicable to buyers’ suit against dealer. - Used Motor Vehicle Dealers’ and Used Motor Vehicle Parts Dealers’ Act, O.C.G.A. § 43-47-1 et seq., did not apply in a suit by auto buyers against a dealer and finance company claiming failure to disclose a finance

charge. Chancellor v. Gateway Lincoln-Mercury, Inc., 233 Ga. App. 38, 502 S.E.2d 799 (1998). Cited in Edel v. Southtowne Motors of Newnan II, Inc., 338 Ga. App. 376, 789 S.E.2d 224 (2016).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 162 et seq.

C.J.S. - 61A C.J.S., Motor Vehicles, § 715 et seq.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1988–2025 · leading case: City of Atlanta v. Heard, 555 S.E.2d 849 (Ga. Ct. App. 2001).

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City of Atlanta v. Heard, 555 S.E.2d 849 (Ga. Ct. App. 2001). · cites it 2× “5 See OCGA §§ 43-47-1; 43-47-17. 6 It is unclear whether the trial court ruled that the City Defendants were not entitled to sovereign immunity as a matter of law or whether a question of fact remained concerning its applicability.”

Chancellor v. Gateway Lincoln-Mercury, Inc., 502 S.E.2d 799 (Ga. Ct. App. 1998). · cites it 2× “We do not agree. The Act is a licensing and regulatory act applicable to dealers in used vehicles and used vehicle parts and gives no cause of action to the plaintiffs for relief against either defendant.”

Edel Et Al. v. Southtowne Motors of Newnan II, Inc., 789 S.E.2d 224 (Ga. Ct. App. 2016). · cites it 2× “But this subsection is part of the Used Motor Vehicle Dealers’ and Used Motor Vehicle Parts Dealers’ Registration Act (OCGA § 43-47-1 et seq.), a licensing and regulatory act, which is inapplicable here as that subsection governs fines and penalties that may be imposed (upon a…”

Wooten v. G.M.H. Auto Sales, Inc., 370 S.E.2d 165 (Ga. Ct. App. 1988). · cites it 2× “Appellant’s first enumerated error is that the trial court erred in ruling that, as a matter of law, the bond requirement of OCGA § 43-47-1 et seq. was not intended to require a bond to provide for the benefit of, nor to make monies available to, a holder of security interests…”

Toirkens v. Willett Toyota, Inc., 384 S.E.2d 218 (Ga. Ct. App. 1989). · cites it 2× “” According to the Used Car Dealers’ Registration Act, OCGA § 43-47-1 et seq., a “used car” is defined as “any motor vehicle or car other than [one] which has never been the subject of a retail sale .”

Kondo v. Marietta Toyota, Inc., 480 S.E.2d 851 (Ga. Ct. App. 1997). · cites it 2× “Georgia’s Used Motor Vehicle Dealers’ and Used Motor Vehicle Parts Dealers’ Registration Act (OCGA § 43-47-1 et seq.) defines a “used motor vehicle” or “used car” as “any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new…”

Jenry Villalobos v. Atlanta Motorsports Sales, LLC (Ga. Ct. App. 2020). · cites it 2× “) (“FBPA”) and the Georgia Used Car Dealer Act (OCGA § 43-47-1 et seq.). Atlanta Motorsports answered the complaint and attached to its answer a copy of the contract and bill of sale.”

Platinum Marietta, Inc. v. Fred Vah (Ga. Ct. App. 2025). · cites it 2× “3 In December 2021, Vah sued Platinum, asserting claims for rescission for material misrepresentation of facts (Count 1); violation of the Georgia Fair Business Practices Act (“FBPA”) (Count 2); violation of the Georgia Used Motor Vehicle Dealers’ Act, OCGA § 43-47-1 et seq.…”

Matthew D. Edel v. Southtowne Motors of Newnan II, Inc. (Ga. Ct. App. 2016). · cites it 2× “But this subsection is part of the Used Motor Vehicle Dealers’ and Used Motor Vehicle Parts Dealers’ Registration Act (OCGA § 43-47-1 et seq.), a licensing and regulatory act, which is inapplicable here as that subsection governs fines and penalties that may be imposed (upon a…”

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