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Step 1: Reasonable Number of Repair Attempts

If you believe your vehicle has a defect, you must establish that a reasonable number of attempts occurred within the Lemon Law rights period, regardless of the length of the manufacturer’s warranty.  The Lemon Law rights period is the period ending two years from the date the vehicle was originally delivered to you, or after the first 24,000 miles of operation following original delivery of the vehicle to you—whichever occurs first.

What is a repair attempt?
A repair attempt is the replacement or adjustment of a part or component to correct a defect or condition.  Only a repair performed by the manufacturer or its authorized dealer or agent can count as a repair attempt under the Lemon Law.  If the dealership inspects or test-drives the vehicle without making any repairs, and you later prove that repair work should have been done, this visit would also count as a repair attempt.  To document repair attempts, you will need to get a copy of the repair order for each repair visit.

If your vehicle is a motor home and, while traveling, you go to an authorized dealer or repair facility that does not have the parts necessary to repair the defect or condition, and, rather than wait for the parts, you elect to continue traveling and have repairs performed at another repair facility, the visit to the first repair facility does not count as a repair attempt.

How many repair attempts must you make?  The following table explains.

Defect/Condition (Nonconformity)	Reasonable Number of Repair Attempts
Defect or condition substantially impairs the vehicle’s use, value or safety               or renders the vehicle nonconforming to a manufacturer’s warranty.	At least three repair attempts are required for the SAME defect or condition within the Lemon Law rights period of two years or 24,000 miles, whichever occurred first.
Serious safety defect.	At least one repair attempt is required within the Lemon Law rights period of two years or 24,000 miles, whichever occurred first.
One or more defects.	At least a cumulative total of thirty (30) calendar days out of service by reason of repair within the Lemon Law rights period of two years or 24,000 miles, whichever occurred first.

The 30 days out of service may accumulate during one repair visit or several visits.  You can calculate the days out of service for each visit from the day you submitted your vehicle for repair of a defect or condition (if dropped off before the close of business) through the day the work was completed.  Weekends and holidays count toward the number of days if your vehicle is in for repair during that time.  To document the number of days out of service, you will need to get a copy of the repair order for each repair visit.

Please note that out of service days do not include any day you leave your vehicle at the authorized dealer or repair facility exclusively for routine maintenance or for problems that are not nonconformities, or for any repairs performed after the expiration of the Lemon Law rights period.

Should you have any questions regarding this or any of the other “reasonable number of attempts” provisions, please call us at 404-651-9397.

Why are repair order receipts important to protecting my Lemon Law rights?
Repair orders are a critical piece of evidence for proving your claim.  Obtaining complete records each time you take your vehicle in for repair will help you document the entire repair history for all reported problems and that a reasonable number of attempts occurred within the Lemon Law rights period.  At a Lemon Law arbitration or court proceeding, the burden of proof will be on you to show that your vehicle is a “lemon.”  The mileage on your vehicle at the time of the first repair visit is used in the calculation of any refund due you (see Step 3).  That repair order will be your best evidence to prove that mileage.

Is the dealer required to give me a repair order each time I bring my vehicle in for warranty repairs?
Yes.  You are entitled by law to a copy of a detailed repair order itemizing all work done on your vehicle, even when no repairs are performed but the vehicle is inspected or test-driven.  O.C.G.A. Section 10-1-783(d) of the Georgia Lemon Law states:

Each time the consumer's new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection or test-drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; ands an itemization of all work performed on the vehicle, including, but not limited to, parts and labor.

What should I do when I take vehicle in?

• Give the service writer a clear description of all the warranty problems you are experiencing.
• If you have an intermittent problem (one that comes and goes), be as detailed as possible in describing the nature and frequency of the problem and the situation when it occurs.
• Make sure the service writer takes down all of the information you provided.
• Or, leave a written summary of this information for the service writer (particularly if you plan to drop the vehicle off during non-business hours).

When I pick up my vehicle, what should I look for on the repair order?  At the time the dealer gives you a copy of the repair order, examine it to make sure it includes:

• The date and mileage when you took the vehicle in for repair.
• A description of the problem you reported and the results of any inspection or test-drive for that problem.
• A description of any and all work performed and parts replaced.
• The work completion date and mileage.

What should I do if the dealer will not give me a copy of the repair order?

• Ask to see the service manager or general manager.
• Be polite, but insist on receiving a copy of the repair order before you leave the dealership.
• If you are still unable to obtain the repair order, send a written request for a copy to the manufacturer as soon as possible.  In your letter include:
  • The year, make and model of your vehicle;
  • The vehicle identification number;
  • The date and mileage at the time of your repair visit;
  • The problems you reported;
  • The name and location of the dealership; and
  • The names or titles of the dealership personnel with whom you spoke concerning that repair visit.
• Send the letter by certified mail, return receipt requested, to the manufacturer’s address found in your owner’s manual.
• Send a copy of the letter to the dealership, to the attention of its CEO, President or General Manager.
• Be sure to keep a copy of your letter for your records.

If neither the manufacturer nor the dealer will give you a copy of your repair order, call our office at 404-651-9397 for further instructions.

   What to Do Next

• If the defect or condition is corrected during this stage, the Lemon Law has served its purpose and the process ends here.

• If you have satisfied the “reasonable number of attempts” required for a serious safety defect (at least one repair attempt) or any other defect (at least three repair attempts for the same defect or condition), within the Lemon Law rights period, but it still has not been fixed, you should proceed to Step 2.

Please note: If you believe you have a safety-related problem, but do not know if it rises to the level of a serious safety defect, please call our office at 404-651-9397 before proceeding to Step 2.

• If your vehicle has been out of service for a cumulative total of 30 days by reason of repair of one or more defects within the Lemon Law rights period, you can skip Step 2 and proceed to Step 3.

• Otherwise, you should continue to take the vehicle for repair until you have satisfied the required number of repair attempts or days out of service within the Lemon Law rights period.

IMPORTANT:  Remember (as mentioned in the FAQs), there is a one-year time limit to file for arbitration, should you need it, from the date your Lemon Law rights period expires.  If you are eligible to proceed to Step 2 or 3, you should do so as soon as possible.