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Step 2: Final Repair Attempt

After your vehicle has been subject to repair at least three times for the same defect or condition which has not been corrected - or at least once for a serious safety defect which has not been corrected - you must allow the manufacturer an opportunity to make a final attempt to repair.

You may use the form titled Final Repair Opportunity Notice (Form A), or you may write a letter to the manufacturer with the following information:

• Your contact information (address and phone numbers);
• The vehicle’s year, make, model and identification number (VIN);
• The current odometer reading;
• The date the vehicle was originally delivered to you;
• The name and address of the selling or leasing dealer
• The date the vehicle was registered in Georgia, only if purchased or leased in another state;
• The defect or condition;
• The facility/facilities at which repair attempts were made;
• The dates of repair; and
• That the defect or condition still exists.

The notice or letter must be sent by either overnight mail delvery or certified mail, return receipt requested, to the manufacturer at the address provided in the owner’s manual.  (You should also send a copy of your letter or Form A to us for our records.)  After the manufacturer receives the notice or letter, you will receive a green card or other receipt or you can access proof of delivery information from the overnight courier service.  The card, receipt or delivery information will show the date the manufacturer was notified of your request for a final repair attempt.  Keep this document for your records.

By no later than the close of business on the seventh (7^th) day following receipt of your final repair request, the manufacturer must notify you of a reasonably accessible repair facility.  If the 7^th day falls on a weekend or holiday, the next business day shall constitute the 7^th day.  The manufacturer can respond in writing or by telephone, or may not respond at all.

• If the manufacturer responds by telephone within the required 7-day time frame to notify you of a repair facility that is reasonably accessible, note in your records the date of the phone call and the pertinent information.

• If the manufacturer responds in writing to designate a repair facility that is reasonably accessible, the postmark date governs whether the response is within the 7-day time requirement.

If the manufacturer designates a reasonably accessible repair facility by the 7-day deadline, the manufacturer has a limited number of days, depending upon when you deliver your vehicle to the repair facility, to correct the defect or condition.  If the final repair attempt has not been completed within 14 days from the date you dropped off your vehicle, please call us at 404-651-9397.

A reasonably accessible repair facility is a facility located within 60 miles of your residence or the location of your vehicle if it is not at your residence.  However, if the manufacturer has no facility within the 60-mile distance, it is the closest one to your residence or the vehicle’s location.  If the manufacturer notifies you of a repair facility that is more than 60 miles from your residence or the vehicle’s location, please call us at 404-651-9397.

Important note to consumers with motor homes or conversion vans

If your complaint involves a motor home or a conversion van, you would also write such a letter or use the Final Repair Opportunity Notice  form.  Your request must be sent to all known manufacturers of the motor home or conversion van, including both the vehicle and the chassis, regardless of which manufacturer you believe is responsible for repairing the problem.  You should call OCA if you have any questions about this procedure.

   What to Do Next

If the manufacturer did not designate a repair facility within 7 days, you will be deemed to have met the requirement for a final repair attempt.  You may proceed to Step 3.

If the manufacturer did designate a repair facility within 7 days, and...

• The defect or condition is corrected after a final opportunity to repair, the Lemon Law process is complete at this stage, and you do not need to proceed further.

• The defect or condition is not corrected after a final opportunity to repair, you may continue to Step 3.

Remember, if the defect or condition does not recur immediately but reappears at a later date, you may pick up at this point and proceed to Step 3.

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 3, you should do so as soon as possible.