"Lemon Law" is an American term referring to the protection of buyers rights regarding defective products, particularly automobiles. In Georgia, the equivalent of this concept is the newly adopted legislation on Consumer Rights Protection, which regulates legal relations arising from the purchase of defective items. When a consumer buys an expensive item, whether it be a car, household appliances, or electronics, they have a legitimate expectation that the product will be of high quality and perform its function. However, it is common for a new item to have a factory defect that prevents its normal operation. In Georgia, consumers often face problems when a seller refuses to take back, replace, or repair an item, offering instead only a service with an indefinite timeline. Disputes regarding defective products require specific legal knowledge so that the consumer can realize their rights granted by law and receive compensation for damages.
What does the Defective Product (Lemon Law) service cover?
Our service aims to protect consumer interests when purchasing substandard products. This includes full legal support from filing a claim to the conclusion of the dispute:
- Legal Consultation: Legal assessment of the item's defect and determining whether it is subject to replacement, repair, or refund.
- Drafting a Claim: Preparing an official written claim addressed to the merchant, detailing the nature of the defect and the consumer's demand.
- Negotiation with the Merchant: Communicating with the store, dealer, or manufacturer to resolve the dispute out of court.
- Organizing Expertise: If necessary, ensuring independent expertise is conducted to confirm the factory defect.
- Litigation: Preparing a lawsuit and representing in court to demand the value of the item, as well as compensation for moral and material damages.
- Enforcement Monitoring: Controlling the execution of the court decision or settlement terms.
Common Scenarios and Needs
Disputes related to defective products are diverse: Defect in a New Car: A car bought from a showroom has a persistent technical problem that the service center cannot fix. Expensive Appliances: You bought a refrigerator or TV that broke down in a few days, and the store offers only repair, not replacement. Online Purchase: An item ordered online did not meet expectations or arrived damaged, and the seller refuses responsibility. Violation of Warranty Terms: The merchant unreasonably delays warranty service or groundlessly refuses service under the pretext of "violation of operation rules."
Georgian Legislation and Regulations
In Georgia, this area is regulated by the Law of Georgia on Consumer Rights Protection and the Civil Code of Georgia. According to the new law, if an item is found to be defective within 6 months of purchase, it is presumed that the defect existed at the time of delivery (factory defect) until the merchant proves otherwise. The law establishes a hierarchy: initially, the consumer has the right to request repair or replacement of the item. If this is impossible or requires unreasonable time/expense, only then does the right to price reduction or withdrawal from the contract (refund) arise. Also important is the Product Safety and Free Movement Code, which sets general safety standards for products.
Step-by-Step Process
The process begins with notifying the merchant immediately upon discovering the defect. A lawyer helps the client correctly formulate the claim and document the defect (photo/video, service act). According to the law, submitting a claim is mandatory. If the merchant refuses to satisfy the legal demand, the National Competition Agency (administrative route) gets involved, or we turn to the court. The court process involves presenting evidence and often engineering expertise. In case of success, the consumer recovers the paid amount and receives compensation for damages.
Why Legal.ge?
Disputing with merchants often feels like an unequal battle because they have strong legal teams. Legal.ge gives you access to consumer rights specialists who thoroughly know the new regulations and have practical experience in disputes with large companies. Through our platform, you will find a lawyer who will not allow your rights to be infringed upon and will achieve a fair result. Protect your financial interests with Legal.ge.
Updated: ...