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Motor Vehicle Dealers – Required Filings and Disclosure Under the Lemon Law

Companies that sell or lease new motor vehicles to consumers have certain responsibilities under the law.  Pursuant to the Georgia Motor Vehicle Warranty Rights Act [O.C.G.A. Section 10-1-789(a)], a fee of $3.00 shall be collected by every dealer, lessor or distributor from each consumer at the completion of the sale or lease of a new motor vehicle.

The law provides that $2.00 of each fee collected shall be submitted quarterly to: OPB Warranty Law, Box 101608, Atlanta, Georgia 30392-1608.  The quarters end on March 31, June 30, September 30 and December 31.  Fees are due no later than the tenth day of the month following the preceding quarter (April, July, October and January, respectively).  Failure to file the collected payments will result in exposure to potential civil penalties.

The Warranty Rights Act Fee Submission Form (see link below) should accompany your quarterly check.  Please print the form as needed from this web site.   New forms will not be mailed each quarter.

In addition, pursuant to O.C.G.A. Section 10-1-783, at the time of purchase or lease of a new motor vehicle, the motor vehicle dealer, lessor or distributor must provide the consumer a written statement of rights, available here for printing and copying, that explains the Georgia Motor Vehicle Warranty Rights Act (WRA Statement – see link below). 

The definitions of 'consumer' and 'new motor vehicle,' according to O.C.G.A. Sections 10-1-782(3) and (11) of the Motor Vehicle Warranty Rights Act, are as follows:

‘Consumer' means any person who has entered into an agreement or contract for the transfer, lease or purchase of a new motor vehicle primarily for personal, family or household purposes, regardless of how the documents characterize the transaction.  The term shall also mean and include any sole proprietorship, partnership or corporation which is a commercial owner or lessee of no more than three new motor vehicles and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes.

‘New motor vehicle' means any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased or purchased in this state OR registered by the original consumer in this state and on which the original motor vehicle title was issued to the lessor or purchaser without having been previously issued to any person other than the selling dealer.

If the motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used or maintained primarily as a mobile dwelling, office or commercial space.  The term 'new motor vehicle' does not include motorcycles or trucks with a gross vehicle weight rating of 10,000 pounds or more.  The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle.  However, the term 'new motor vehicle' does include a demonstrator model or lease-purchase, as long as a manufacturer's warranty is issued as a condition of sale or lease.

Associated Document(s):

	WRA Statement.pdf
	Warranty Rights Act information sheet to be given to purchasers or lessees of new motor vehicles
	WRA Fee Submission Form.pdf
	Requisite form for submission of collected Lemon Law fees