Title 10, Chapter 1, Section 782
Unless the context clearly requires otherwise, the definitions in
this Code section apply throughout this article. As used in this
article, the term:
(1) "Administrator" means the administrator appointed pursuant to Code Section 10-1-395.
(2) "Collateral charges" means those additional charges to a
consumer or lessor wholly incurred as a result of the acquisition
purchase of the motor vehicle. For the purposes of this article,
collateral charges include but are not limited to manufacturer
installed or dealer installed items or service charges, earned
finance charges incurred by a consumer in the case of a purchase,
and by the lessor in the case of a lease, sales tax, and title
(3) "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. For the limited
purpose of enforcing the rights granted under this article, the
term "consumer" will also include any person or entity regularly
engaged in the business of leasing new motor vehicles to
(4) "Court" means the superior court in the county where the
consumer resides, except if the consumer does not reside in this
state, then the superior court in the county where an arbitration
hearing or determination was conducted or made pursuant to this
(5) "Distributor" means a person or entity holding a distribution
agreement with a manufacturer for the distribution of new motor
vehicles to new motor vehicle dealers or who is licensed or
otherwise authorized to utilize trademarks or service marks
associated with one or more makes of motor vehicles in connection
with such distribution, who is not responsible to the manufacturer
for honoring the manufacturer's express warranty, and who does not
issue an express warranty to consumers.
(6) "Express warranty" means a warranty which is given by the
manufacturer in writing.
(7) "Incidental costs" means any reasonable expenses incurred by
the consumer in connection with the repair of the new motor
vehicle, including but not limited to payments to dealers for
attempted repairs of nonconformities, towing charges, and the
costs of obtaining alternative transportation.
(8) "Informal dispute resolution settlement mechanism" means any
procedure established, employed, utilized, or run by a
manufacturer for the purpose of resolving disputes with consumers
regarding any warranty.
(9) "Lemon law rights period" means the period ending one year
after the date of the original delivery of a new motor vehicle to
a consumer or the first 12,000 miles of operation after delivery
of a new motor vehicle to a consumer, whichever occurs first.
(10) "Manufacturer" means any person engaged in the business of
constructing or assembling new motor vehicles or engaged in the
business of importing new motor vehicles into the United States
for the purpose of selling or distributing new motor vehicles to
new motor vehicle dealers.
(11) "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 10,000 pounds or more gross
vehicle weight rating. The term "new motor vehicle" shall not
include any vehicle on which the title and other transfer
documents show a used, rather than new, vehicle. The term "new
motor vehicle" includes a demonstrator or lease-purchase, as long
as a manufacturer's warranty was issued as a condition of sale,
unless specifically excluded under this definition.
(12) "New motor vehicle dealer" means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, distributing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. For the purposes of subsection (d) of Code Section 10-1-784, concerning private civil actions for violations of this article, the term "new motor vehicle dealer" shall include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.
(13) "Nonconformity" means a defect, serious safety defect, or
condition that substantially impairs the use, value, or safety of
a new motor vehicle to the consumer, but does not include a defect
or condition that is the result of abuse, neglect, or unauthorized
modification or alteration of the new motor vehicle.
(14) "Panel" means a new motor vehicle arbitration panel as designated in Code Sections 10-1-786 and 10-1-794.
(15) "Purchase price" means in the case of a sale of a new motor
vehicle to a consumer the cash price of the new motor vehicle
appearing in the sales agreement, contract, or leasing agreement,
including any reasonable allowance for a trade-in vehicle. In
determining whether the trade-in allowance was reasonable, the
panel may take into account whether the purchase price of the
vehicle was at fair market value or not and make appropriate
adjustments to ensure that the consumer is made whole but not
unjustly enriched. In the case of a consumer lease of a new motor
vehicle, "purchase price" means the cash price paid by the lessor
to a dealer or distributor to purchase the new motor vehicle.
(16) "Reasonable offset for use" means an amount directly attributable to use by the consumer before the consumer requests repurchase or replacement by the manufacturer pursuant to Code Section 10-1-784. The reasonable offset for use shall be computed by the number of miles that the vehicle traveled before the consumer's request of repurchase or replacement multiplied by the purchase price and divided by 100,000.
(17) "Reasonable number of attempts" under the lemon law rights period means the definition as provided in Code Section 10-1-784.
(18) "Replacement motor vehicle" means a new motor vehicle that is
identical or reasonably equivalent to the motor vehicle to be
replaced, as the motor vehicle to be replaced existed at the time
of purchase or lease.
(19) "Serious safety defect" means a life-threatening malfunction
(20) "Substantially impair" means to render the new motor vehicle
unreliable, or unsafe for ordinary use, or to diminish the resale
value of the new motor vehicle more than a meaningful amount below
the average resale value for comparable motor vehicles.
(21) "Warranty" means any express written warranty of the
manufacturer but shall not include any extended coverage purchased
by the consumer as a separate item.