Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-641 Predelivery transportation damages
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Risk of loss for vehicle in transit, §10-1-642. Protection of consumer data, §10-1-632. Purposes of article, §10-1-621.
O.C.G.A. § 10-1-642 Risk of loss for vehicle in transit
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Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the r…
O.C.G.A. § 10-1-643 Short title
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Requirements of franchisor, manufacturer, and distributor; reasonable compensation for parts and labor; recall notices; stop-sales. Risk of loss for vehicle in transit. Payment of dealer’s attor- Short title. Termination of franchise; grounds; notice; dealer costs reimbursed by f…
O.C.G.A. § 10-1-644 Exemptions from part
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This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which are contrary to matters contained in this part. 439 10-1-645 History. Code 1981, § 10-1-644, enacted by Ga. L…
O.C.G.A. § 10-1-645 Effective date of part, §10-1-644
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Exemptions from part, §10-1-644. Motor vehicle warranty practices act. Short title, §10-1-640. Notice of action against dealers, §10-1-643. Notice of factory recalls to new motor vehicles, §10-1-641. Parts and labor, compensation. Duty of franchisor, manufacturer or distributor t…
O.C.G.A. § 10-1-650 Short title
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This part shall be known and may be cited as the “Motor Vehicle Franchise Continuation and Succession Act.” History. Code 1981, § 10-1-650, enacted by Ga. L. 1993, p. 1585, § 2. 10-1-651. Termination of franchise; grounds; notice; dealer costs reimbursed by franchisor; applicabil…
O.C.G.A. § 10-1-651 Fair practices
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Acquiring or adding another line make. Refusal to allow, limiting or restricting, §10-1-662. Acquisition of other lines of motor vehicles, §10-1-661. Advertised products. Failure to deliver, §10-1-662. Advertising campaigns, §10-1-663. Alteration of franchisor image elements, §10…
O.C.G.A. § 10-1-652 Refusal to honor succession, §10-1-653
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Sale of dealership, §10-1-653. Termination, cancellation or nonrenewal, §10-1-651. Motor vehicles. Lemon law. Arbitration to compel replacement or repurchase of vehicle. Eligibility determination, §10-1-786. Notice to manufacturer of inability to repair or correct nonconformity, …
O.C.G.A. § 10-1-653 Sale of dealership franchise; notice to franchisor
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If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse …
O.C.G.A. § 10-1-660 Short title
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This part shall be known and may be cited as the “Motor Vehicle Fair Practices Act.” History. Code 1981, § 10-1-660, enacted by Ga. L. 1993, p. 1585, § 2. 10-1-661. Franchisors prohibited from requiring or coercing dealers to take or refrain from taking certain acts. (a) For purp…
O.C.G.A. § 10-1-661 Coil
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Secondary metals recyclers, §10-1-350. Collateral charges. Motor vehicle lemon law, §10-1-782. 1455 INDEX DEFINED TERMS —Cont’d Collateral costs. Assistive technology warranties, §10-1-871. Motorized wheelchair warranties, §10-1-891. Collective mark.
O.C.G.A. § 10-1-662 Unlawful activities by franchisors
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(a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available fo…
O.C.G.A. § 10-1-663 Prohibited acts by franchisors
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(a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or …
O.C.G.A. § 10-1-663.1 Right of first refusal
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(a) Notwithstanding the terms of any franchise agreement, sales and services agreement, or similar agreement, a franchisor, manufacturer, 461 10-1-663.1 COMMERCE AND TRADE 10-1-663.1 or distributor shall be permitted to exercise a right of first refusal to acquire a dealer’s asset…
O.C.G.A. § 10-1-664 Remodeling of dealership, §10-1-661
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Right of first refusal, §10-1-663.1. Terms and conditions under first refusal, §10-1-663.1. 1521 INDEX MOTOR VEHICLE FRANCHISES —Cont’d Fair practices —Cont’d Short title. Motor vehicle fair practices act, §10-1-660. Signs, installation, §10-1-661.
O.C.G.A. § 10-1-664.1 Short title, §10-1-660
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MOTOR VEHICLE FINANCING, §§10-1-30 to 10-1-42. Advancement of money to satisfy lease, lien or security interest on trade-in vehicle, §10-1-33.1. Cash sales price or time sales price may include amount advanced or paid, §10-1-31. Lessor or entity selling vehicle to lessor, §10-1-4…
O.C.G.A. § 10-1-665 Definitions
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As used in this part, the term: (1) “Commissioner” means the state revenue commissioner. (2) “Department” means the Department of Revenue. History. Code 1981, § 10-1-665, enacted by Ga. L. 1993, p. 1585, § 2; Ga. L. 2003, p. 445, § 2; Ga. L. 2005, p. 334, § 4-4/HB 501. 10-1-666. …
O.C.G.A. § 10-1-666 Enforcement of article by state revenue commissioner
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As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this arti…
O.C.G.A. § 10-1-667 Petitions for review of alleged violations of article
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Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, w…
O.C.G.A. § 10-1-668 Annual dealer registration and appropriation to department fund
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(a) In addition to the licensing fee set forth in Code Section 40-2-38, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and acc…
O.C.G.A. § 10-1-670 Motor vehicle warranties
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Lemon law, §§10-1-780 to 10-1-798. Names. Benevolent organizations, charities, fraternal organizations, etc., §§10-1-470 to 10-1-472. Trade names. Registration generally, §§10-1-490 to 10-1-493. Online marketplace requirements, §§10-1-940 to 10-1-945. Petroleum product sales. Gen…
O.C.G.A. § 10-1-675 Legislative findings
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The General Assembly finds and declares that the distribution of marine vessels and products in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate ma…
O.C.G.A. § 10-1-676 Definitions
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As used in this article, the term: (1) “Distributor” or “wholesaler” means any person, company, or corporation who sells or distributes marine products to marine dealers and who maintains distributor representatives within the state. (2) “Franchise” means an oral or written agree…
O.C.G.A. § 10-1-678 Application
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The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own ter…
O.C.G.A. § 10-1-679 Injunctions
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Remedies for violations, §10-1-679.11. Temporary injunction. Violations deemed irreparable injuries for purpose of, §10-1-679.12. Legislative declaration, §10-1-679.1. Misdemeanors. Violations to constitute, §10-1-679.15. New dealership. Requirements for establishment by grantor,…
O.C.G.A. § 10-1-679.10 Requirements for warranty work and service
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(a) Each grantor or warrantor, where applicable, shall specify in writing to each of its recreational vehicle dealers licensed in Georgia the dealer’s obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service requ…
O.C.G.A. § 10-1-679.11 Remedy for violations
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If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in the county of the recreational vehicle dealer for damages sustained as a consequence of the grantor’s or …
O.C.G.A. § 10-1-679.12 Securities
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Cease and desist orders, §10-5-73. Denial, suspension or revocation of registration. Security is subject of injunction, §10-5-25. INJUNCTIONS —Cont’d Securities —Cont’d Injunction of violations, §10-5-72. Powers of commissioner, §10-5-71. Social organizations. Emblem or name. Inf…
O.C.G.A. § 10-1-679.13 Requirements for new dealerships
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It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article. History. Code 1981, § 10-1-679.13, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.14. Franchise agreement…
O.C.G.A. § 10-1-679.14 FRATERNAL ORGANIZATIONS
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Emblems, §§10-1-470 to 10-1-472. Imitation, §10-1-470. Injunction against infringement, §10-1-471. Unauthorized use, §10-1-472.
O.C.G.A. § 10-1-679.15 Referral sales
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Furnishing names of prospective purchasers. Contract failing to state consideration, §10-1-70. Remanufactured or rebuilt items. Labeling requirements. Violations of article, §10-1-83. Retail installment and home solicitation sales act, §10-1-15. Sales. Referral sales. Furnishing …
O.C.G.A. § 10-1-679.2 Change of dealership agreements
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Good cause required, §10-1-679.4. Determination by trier of fact, §10-1-679. Injunctions.
O.C.G.A. § 10-1-679.3 Published prices, charges, and terms of sale
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Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time. History. Code 1981, § 10-1-679.3, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.4. Termination or change of dea…
O.C.G.A. § 10-1-679.5 Retail installment contracts
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Motor vehicle sales finance act. Notice to the buyer, §10-1-32. Redemption rights of buyer, §10-1-36. Right to demand public sale of repossessed vehicle, §10-1-36. Seller’s or holder’s intention to pursue deficiency claim, §10-1-36. Notice to the buyer, §10-1-3.
O.C.G.A. § 10-1-679.7 Unlawful coercive practices
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It shall be unlawful for any grantor, directly or through any officer, agent, or employee: (1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or (2) To coerce, or atte…
O.C.G.A. § 10-1-680 Short title
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This article shall be known and may be cited as the “Lease-purchase Agreement Act.” History. Code 1981, § 10-1-680, enacted by Ga. L. 1985, p. 1341, § 1. 10-1-681. Definitions.
O.C.G.A. § 10-1-681 Definitions
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As used in this article, the term: (1) “Lease-purchase agreement” means an agreement for the use of personal property by a lessee primarily for personal, family, or household purposes for an initial period of four months or less that is renewable with each payment after the initi…
O.C.G.A. § 10-1-682 Requirements for lease-purchase agreement
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(a) A lease-purchase agreement shall be in the form of a written statement which shall include all of the following: (1) A brief description of the leased property, sufficient to identify the property to the lessee and lessor including whether the property is new or previously re…
O.C.G.A. § 10-1-683 Advertisements
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(a) An advertisement for any lease-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually and customarily leases or will lease the property at those amounts or terms. (b) An advertisement for any …
O.C.G.A. § 10-1-684 Prohibited agreement provisions
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A lease-purchase agreement shall not contain a provision: (1) Requiring a garnishment of wages or a power of attorney to confess a judgment; (2) Granting authorization to the lessor or a person acting on the lessor’s behalf to unlawfully enter upon the lessee’s premises or to com…
O.C.G.A. § 10-1-685 Late payment fees, §10-1-685
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Lease-purchase agreement act. Short title, §10-1-680. Limitation of actions, §10-1-688. Picking up rental property fee, §10-1-685. LEASES.
O.C.G.A. § 10-1-686 Violations of article, §10-1-687
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Written statement, §10-1-682. LAW ENFORCEMENT OFFICERS —Cont’d Georgia World Congress Center police, §10-9-15. Home repair or home improvement work. Persons engaged in activities involving. Unfair or deceptive trade practices. Certified peace officers employed to investigate, powe…
O.C.G.A. § 10-1-687 Penalties; grace period for compliance
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(a) Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and as for a misdemeanor for each subsequent offense. 49…
O.C.G.A. § 10-1-688 Limitation of actions
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No action shall be brought under this article more than four years after the person bringing such action knew or should have known of the occurrence of the alleged violation. History. Code 1981, § 10-1-688, enacted by Ga. L. 1985, p. 1341, § 1; Ga. L. 2024, p. 1052, § 2(26)/SB 44…
O.C.G.A. § 10-1-689 Example of form
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The following form is an example of the form which may be used to satisfy the disclosure requirements of subsection (b) of Code Section 10-1-682, requiring that the disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of Code Section 10-1-…
O.C.G.A. § 10-1-7 Defined, §10-1-2
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Delinquency charges, §10-1-7. Notice to the buyer, §10-1-4. Prior accounts not affected, §10-1-12. Requirements, §10-1-4. RETAIL INSTALLMENT SALES AND REVOLVING ACCOUNTS —Cont’d Revolving accounts —Cont’d Security interests. Not taken in certain nondurable items, §10-1-8. Time pr…
O.C.G.A. § 10-1-70 Disclosure of consideration required in contract; penalty
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(a) It shall be unlawful for any person, firm, or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relati…
O.C.G.A. § 10-1-700 Definitions
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As used in this article, the term: (1) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale. (2) “Princip…
O.C.G.A. § 10-1-702 ACT OF GOD
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Heavy equipment multiline dealers. Termination, cancellation or refusal to renew agreement, §10-1-732. Motor vehicle franchises. Termination, cancellation or renewal of franchise, §10-1-651. ADHESIVES. Marks. Registration. Classes of goods and services, §10-1-443. ADMINISTRATIVE …
O.C.G.A. § 10-1-703 Waiver of law prohibited
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The provisions of this article may not be waived; and, in applying the provisions of this article, the courts of this state shall not recognize any purported waiver of the provisions of this article, whether by expressed waiver or by attempt to make a contract or agreement subjec…