reglab/housing_qa huggingface dataset:
GA Code § 10-1-773 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27A - Bad Faith Assertions of Patent Infringement|§ 10-1-773. Enforcement; Relief From Damages

  A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act," and the enforcement against any such violation shall be by public enforcement by the Attorney General and shall be enforceable through private action.   Whenever it may appear to the Attorney General that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the Attorney General may bring action in a court of competent jurisdiction. Upon a showing by the Attorney General that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397.   Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include:   Restitution to any person or persons adversely affected by a defendant's actions in violation of this article;   Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater;   Expenses of litigation, including reasonable attorney's fees; and   Other relief as the court deems just and equitable.     Except as otherwise provided, this article is cumulative with other laws and is not exclusive.     (Code 1981, §10-1-773, enacted by Ga. L. 2014, p. 208, § 1/HB 809; Ga. L. 2015, p. 1088, § 7/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" once in subsection (a) and three times in subsection (b).
GA Code § 10-1-774 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 27A - Bad Faith Assertions of Patent Infringement|§ 10-1-774. Federal Actions Excluded

 A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. Section 271(e) (2) or 42 U.S.C. Section 262 shall not be subject to the provisions of this article.    (Code 1981, §10-1-774, enacted by Ga. L. 2014, p. 208, § 1/HB 809.)
GA Code § 10-1-780 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-780. Short Title

 This article shall be known and may be cited as the "Georgia Lemon Law."    (Code 1981, §10-1-780, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change. Refer to the bound volume for text of this Code section.   Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change.   Law reviews.   - For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).   RESEARCH REFERENCES   ALR.   - Validity, construction and effect of state motor vehicle warranty legislation, 88 A.L.R.5th 301.
GA Code § 10-1-781 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-781. Legislative Intent

 The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article.    (Code 1981, §10-1-781, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-783 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-783. Provision of Owner's Manual and Notice of Rights; Fully Itemized and Legible Repair Order; Copies of Reports

  The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer. The owner's manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. A manufacturer shall also provide all applicable manufacturer's written warranties to the new motor vehicle dealer, who shall transfer the owner's manual and all applicable manufacturer's written warranties to the consumer at the time of purchase or vehicle acquisition.   At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the Attorney General and shall contain information regarding the procedures and remedies under this article.   By October 1 of each year, the manufacturer shall forward to the Attorney General one copy of the owner's manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner's manuals and express warranties for other models of the same make are substantially the same, submission of the owner's manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection.   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; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor.   Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's representative regarding inspection, diagnosis, or test drive of the consumer's new motor vehicle.     (Code 1981, §10-1-783, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" in the second sentence of subsection (b) and in the first sentence of subsection (c).
GA Code § 10-1-787 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-787. Finality of Arbitrator's Decision; Appeals by Manufacturers; Time for Compliance With Arbitrator's Decision

  The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence.   If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review.   If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator's award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney's fees, and court costs.   A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the Attorney General may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer's control or that a delay was acceptable to the consumer.     (Code 1981, §10-1-787, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" in the middle of the first sentence in subsection (d).
GA Code § 10-1-788 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-788. Exhaustion of Remedies Under Article Required

 The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article.    (Code 1981, §10-1-788, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-789 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-789. Establishment of Motor Vehicle Arbitration Panel; Compensation; Conduct; Liability

  A motor vehicle arbitration panel shall resolve disputes between consumers and manufacturers arising under this article. The Attorney General, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years' experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles.   Panel member arbitrators and entities that contract with the Attorney General to provide arbitration services shall be compensated for time and expenses at a rate to be determined by the Attorney General.   Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the Attorney General or contracted entity.   Neither the Attorney General, an entity with which the Attorney General has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence.     (Code 1981, §10-1-789, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section; and substituted "A motor vehicle" for "The administrator shall establish a new motor vehicle" at the beginning of subsection (a).
GA Code § 10-1-790 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-790. Requirements for Transfer of Reacquired Vehicle

  No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the Attorney General of the proposed sale or:   The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and   The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first.  A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399.      The manufacturer shall have 30 days to notify the Attorney General that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee.   If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section.   Manufacturers shall use forms approved by the Attorney General. The forms shall contain the information required under this Code section and any other information the Attorney General deems necessary for implementation of this Code section.     (Code 1981, §10-1-790, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section.   Law reviews.   - For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
GA Code § 10-1-791 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-791. Consumer Fees to Implement Provisions of Article; Enforcement

  A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Department of Law for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs.   The Attorney General shall have the power to enforce the provisions of this Code section. The Attorney General's enforcement power shall include:   The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975"; and   The authority to initiate proceedings, pursuant to Code Section 10-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the Attorney General under this Code section.       (Code 1981, §10-1-791, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148; Ga. L. 2016, p. 518, § 1/HB 871; Ga. L. 2017, p. 774, § 10/HB 323.)    The 2015 amendment,  effective July 1, 2015, in subsection (b), in the introductory language, substituted "Attorney General" for "administrator appointed pursuant to subsection (g) of Code Section 10-1-395" and substituted "Attorney General's" for "administrator's" and substituted "Attorney General" for "administrator" in the last sentence of paragraph (b)(2).    The 2016 amendment,  effective July 1, 2016, substituted "Department of Law" for "Office of Planning and Budget" in the second sentence of subsection (a).    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "the 'Fair Business Practices Act of 1975';" for "the 'Fair Business Practices Act';" near the end of paragraph (b)(1).
GA Code § 10-1-792 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-792. Other Rights and Remedies

  Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney's fees and expenses of litigation incurred in connection with such proceeding.   The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the "Georgia Motor Vehicle Franchise Practices Act."     (Code 1981, §10-1-792, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-793 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-793. Violations Constitute Unfair and Deceptive Act or Practice; Cumulative Effect

  A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975"; provided, however, that enforcement against such violations shall be by public enforcement by the Attorney General and, except as provided in subsection (a) of Code Section 10-1-790, shall not be enforceable through private action under Code Section 10-1-399.   Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law.     (Code 1981, §10-1-793, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2009, p. 8, § 10/SB 46; Ga. L. 2015, p. 1088, § 8/SB 148; Ga. L. 2017, p. 774, § 10/HB 323.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" near the middle of subsection (a).    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "the 'Fair Business Practices Act of 1975';" for "the 'Fair Business Practices Act';" near the middle of subsection (a).
GA Code § 10-1-794 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-794. Staff for Administration

 Reserved. Repealed by Ga. L. 2015, p. 1088, § 8/SB 48, effective July 1, 2015.   Editor's notes.   - This Code section was based on Code 1981, § 10-1-794, enacted by Ga. L. 2008, p. 746, § 1/HB 470.
GA Code § 10-1-795 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-795. Promulgation of Rules and Regulations

 The Attorney General shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1981, §10-1-795, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" twice in this Code section.   Law reviews.   - For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).
GA Code § 10-1-796 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 28 - Georgia Lemon Law|§ 10-1-796. Severability

 If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.    (Code 1981, §10-1-796, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 8/SB 148, effective July 1, 2015, reenacted this Code section without change.