Avoid the One Mistake that Will Kill a Georgia Lemon Law Case

Have you ever taken your new car to the dealership for an oil change and casually mentioned to the service tech that you wanted them to check out that small shifting problem, too?  If you don’t ensure that your complaint about that small shifting problem and the dealership’s diagnosis are reported on a repair order, then you could be killing your Lemon Law case in the future.

The last thing you want to happen when you’re preparing your Lemon Law case is discover that you don’t have every repair visit documented.  Or, you may notice that the repair orders you did receive contain inaccurate information, such as an incorrect odometer reading or dates.  Why is this important?  The basis of any claim under the Georgia Lemon Law has 3 basic requirements:

1. that the vehicle was purchased or leased new in Georgia (or first registered as new in Georgia when bought/leased in another State);
2. that the purchaser or lessee be a “consumer”; and
3. that the defect be submitted for a certain number of repair attempts.

 

The repair orders form the basis of your proof that you submitted your vehicle for the number of repair attempts required for that type of defect.  If you don’t confirm at the end of each repair visit that the dealership correctly recorded the reported defect and the odometer reading, then you are hurting your chances of winning your Lemon Law case. 

 

Who is required to give you a repair order?

The manufacturer, its authorized agent, or the new motor vehicle dealer must provide you with a fully itemized and legible statement or repair order each time your new motor vehicle is returned to you after being diagnosed or repaired.  O.C.G.A. § 10-1-783(d).

When you submit your new car to the dealership with a complaint, or you merely request that they check out a small concern, then they are required to provide you with a repair order.  You must be given a repair order even if:

1. the dealership only performs a diagnostic test;
2. the service technician merely test drives your car to try to duplicate your complaint;
3. the dealership only performs a software update;
4. the service technician makes a small adjustment to the vehicle or its components in an effort to fix your problem; or
5. the dealership cannot duplicate your issue or complaint.

 

Unaffiliated, independent service centers, shadetree mechanics, or unauthorized repair facilities are not required by the Georgia Lemon Law to give you a repair order.

 

What information must be included in the repair order?

The repair order must include a general description of your complaint and:

1. the results of any diagnostic test, inspection, or test drive;
2. a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer;
3. an itemization of all work performed on the vehicle, including, but not limited to, parts and labor
4. date and the odometer reading when you submit your new car for diagnosis or repair; and
5. date and the odometer reading when they completed the diagnosis or repair.

 

When must the dealership give me a repair order?

The repair facility or dealership must give a repair order each time your new car is returned to you after being diagnosed or repaired.

 

Why is the repair order so important to a Georgia Lemon Law case?

The repair orders form the basis of a Lemon Law case, because they confirm that the consumer complied with the law and allowed the manufacturer a certain number of repair attempts.  They also show that the manufacturer was either unable to repair the new car within the time required by the Georgia Lemon Law.

 

What can you do if you don’t have all of your repair orders?

If you are entitled to a repair order and did not receive one, then you can write a letter to the dealership requesting that it provide you with a copy.  You may want to send it via certified mail so that you can track it and confirm delivery.  You should consider copying Georgia’s Consumer Protection Unit, because it is the agency that enforces all of the Lemon Law’s requirements on manufacturers and new motor vehicle dealers.  We even have a sample letter that you can edit and send to the dealership to request a copy of your repair order.