LEMON LAW DEMAND LETTER

STATE OF GEORGIA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: GEORGIA LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Georgia Motor Vehicle Warranty Rights Act, O.C.G.A. Section 10-1-780 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. GEORGIA LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Georgia Motor Vehicle Warranty Rights Act, O.C.G.A. Section 10-1-780 et seq. (the "Georgia Lemon Law"), which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under O.C.G.A. Section 10-1-782(7), a "motor vehicle" means:
- A new motor vehicle sold or registered in Georgia
- Self-propelled vehicles primarily designed for transportation on public highways
- Excludes: Motorcycles, motor homes, and vehicles with more than two axles

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Georgia's Lemon Law.

C. Coverage Period

Georgia's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR 24 months or 24,000 miles following original delivery, whichever comes first. O.C.G.A. Section 10-1-782(4).

D. Presumption of Nonconformity

Under O.C.G.A. Section 10-1-784(c), there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR

2. Serious Safety Defect: A nonconformity that is likely to cause death or serious bodily injury has been subject to repair one (1) or more times; OR

3. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more calendar days (need not be consecutive).

E. Manufacturer Notice Requirement

Under O.C.G.A. Section 10-1-784(b), the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one additional opportunity (not to exceed 7 days) to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under O.C.G.A. Section 10-1-782(6):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Georgia Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Georgia law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under O.C.G.A. Section 10-1-784(c)(1).

[ ] Serious Safety Defect:
A serious safety defect has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under O.C.G.A. Section 10-1-784(c)(2).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under O.C.G.A. Section 10-1-784(c)(3).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under O.C.G.A. Section 10-1-786, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a state-certified arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution. The consumer is not bound by the arbitration decision and may reject it and proceed to court.

[ ] [MANUFACTURER] does not have a compliant arbitration program in Georgia, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to O.C.G.A. Section 10-1-784(a), we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under O.C.G.A. Section 10-1-784(a)(1), the manufacturer must refund:

The reasonable allowance for use under Georgia law is calculated based on the number of miles driven prior to the first report of nonconformity. O.C.G.A. Section 10-1-784(a)(1).

[ ] REPLACEMENT

Under O.C.G.A. Section 10-1-784(a)(2), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under O.C.G.A. Section 10-1-787, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under O.C.G.A. Section 10-1-784(b). The manufacturer has seven (7) days from receipt of this notice to cure the nonconformity.

Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 7-day period, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate Georgia court
[ ] Report this matter to the Georgia Governor's Office of Consumer Protection

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Georgia law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Georgia Governor's Office of Consumer Protection

GEORGIA LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR GEORGIA LEMON LAW CLAIMS

Pre-Filing Considerations

1. Verify Coverage Period: Georgia's lemon law coverage extends only 24 months or 24,000 miles from original delivery, whichever comes first. Confirm the claim falls within this window.

2. Serious Safety Defect Exception: Georgia provides enhanced protection for serious safety defects, requiring only one repair attempt. Document safety concerns thoroughly.

3. Written Notice: Ensure written notice is sent to the manufacturer at its principal place of business or to its registered agent.

Procedural Requirements

1. Arbitration First: If the manufacturer has a qualifying informal dispute settlement procedure, the consumer must use it before filing suit.

2. Governor's Office of Consumer Protection: Consider filing a complaint for additional leverage.

3. Documentation: Maintain copies of all repair orders showing dates, mileage, complaints, and work performed.

Damages Calculation

1. Use Allowance: Georgia calculates the use allowance based on miles driven before the first report of the nonconformity.

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under O.C.G.A. Section 10-1-787 to prevailing consumers.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney before use.