Qualifying Defects Under Georgia Lemon Law
What kinds of vehicle defects qualify for a Georgia Lemon Law refund — the substantial-impairment test under O.C.G.A. § 10-1-782(11).
A defect qualifies under the Georgia Lemon Law when it constitutes a “nonconformity” that substantially impairs the use, market value, or safety of the vehicle under O.C.G.A. § 10-1-782(11).
Topics in this section
- Transmission defects
- Engine defects
- Brake-system defects
- Electrical and software defects
- Steering and suspension defects
- Infotainment defects
- EV-specific defects
The substantial-impairment test in Georgia
O.C.G.A. § 10-1-782(11) defines a “nonconformity” as a defect that “substantially impairs the use, market value, or safety” of the vehicle. Three prongs, any one sufficient.
The serious safety defect category
Georgia is one of the few states with an explicit category for “serious safety defects” — defined in O.C.G.A. § 10-1-782(13) as a life-threatening malfunction or nonconformity that impedes the consumer’s ability to control or operate the vehicle, or that creates a risk of fire or explosion. For these defects, a single repair attempt triggers Lemon Law remedies under § 10-1-784(b).
Examples of serious safety defects:
- Braking system failures — pedal sinks to floor, ABS failure, regen brake failures.
- Steering failures — loss of steering assist, steering binding, wandering, “death wobble.”
- Engine compartment fires.
- Throttle hang or unintended acceleration.
- Fuel-system leaks.
What’s substantial vs. trivial
- Transmission that shifts hard — qualifies.
- Engine that stalls — qualifies (and may qualify as serious safety defect).
- Brake-pedal feel that varies — qualifies (and likely serious safety defect).
- Power-window switch — typically doesn’t qualify alone.
What’s NOT a qualifying defect
- Damage from accidents.
- Damage from unauthorized modifications.
- Normal wear.
- Neglect or misuse.
- Cosmetic flaws.
How qualifying defects interact with repair-attempt counts
A qualifying defect alone isn’t enough — the consumer must meet § 10-1-784 thresholds: one attempt (serious safety defect), three attempts (same nonconformity), or 30 cumulative days out of service.
What the arbitration panel considers
- Clean documentation.
- Consistent symptoms across visits.
- Defect persistence after the final repair window.
- Aligned with documented TSBs or recalls.
- Whether defect rises to “serious safety” under § 10-1-782(13).
Related
Georgia Lemon Law — Frequently Asked Questions
Quick answers to the most-asked questions about Georgia's Lemon Law and FBPA.
Read → TopicThe Georgia Lemon Law Process
Step-by-step: how a Georgia lemon-law case moves through repair attempts, the certified-mail notice and 28-day final repair window, the state arbitration panel, court action, and settlement.
Read → TopicGeorgia Lemon Law Cases by Manufacturer
How the Georgia Lemon Law and FBPA apply to specific manufacturers.
Read → TopicGeorgia Lemon Law Remedies
What you can recover under Georgia's lemon-law framework — refund, replacement, cash-and-keep, FBPA exemplary/treble damages, and § 10-1-784 / § 10-1-399 attorney-fee recovery.
Read → TopicThe Law: Georgia Lemon Law and FBPA
The statutes behind a Georgia lemon-law claim — the Motor Vehicle Warranty Rights Act (O.C.G.A. § 10-1-780), the Georgia Fair Business Practices Act (§ 10-1-390), Magnuson-Moss, and timing rules.
Read → TopicVehicle Types Covered by Georgia Lemon Law
How Georgia's Lemon Law applies to used cars, leases, EVs, motorcycles, RVs, and commercial vehicles.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.