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Georgia Statutes, Title 10

Georgia/Statutes

← All Georgia coverage

Title 10

20 chapters · 1,055 sections in this title.

All chapters in Title 101,055 Ch 1, SELLING AND OTHER TRADE PRACTICES506 Ch 4, WAREHOUSEMEN118 Ch 5, GEORGIA UNIFORM SECURITIES61 Ch 6, AGENCY57 Ch 9, GEO. L. SMITH II GEORGIA WORLD CONGR…50 Ch 6B, GEORGIA POWER OF ATTORNEY44 Ch 2, WEIGHTS AND MEASURES37 Ch 7, SURETYSHIP34 Ch 14, CEMETERY AND FUNERAL SERVICES32 Ch 5A, COMMODITIES AND COMMODITY CONTRACTS …21 Ch 12, ELECTRONIC TRANSACTIONS20 Ch 10, SEED-CAPITAL FUND18 Ch 6A, BROKERAGE RELATIONSHIPS IN REAL ESTA…16 Ch 13A, MASTER SETTLEMENT AGREEMENT ENHANCEMENTS10

1,055 sections·Filtered byTitle 10✕

O.C.G.A. § 10-1-575 Charitable or religious activities exempt
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The prohibitions of this article are not applicable to a person, nonproﬁt organization, or nonproﬁt corporation if its activity is conducted solely for charitable or religious purposes. History. Ga. L. 1974, p. 186, § 7.
O.C.G.A. § 10-1-590 Short title
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This article shall be known and may be cited as the “Buying Services Act of 1975.” History. Ga. L. 1975, p. 529, § 1; Ga. L. 2015, p. 1088, § 6/SB 148.
O.C.G.A. § 10-1-591 Deﬁnitions
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As used in this article, the term: (1) “Attorney General” means the Attorney General or his or her designee. (2) “Business day” means any day other than a Saturday, Sunday, or legal holiday. (3) “Buying service,” “buying club,” or “club” means any corporation, partnership, uninco…
O.C.G.A. § 10-1-592 Buying services and clubs to obtain licenses
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No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this state without having ﬁrst obtained a license to do business in this state from the Attorney General. Hist…

Showing 301–350 of 1,055

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O.C.G.A. § 10-1-593 Conditions of licensure; bonds

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As a condition to the issuance or retention of a license required by this article, each buying service or club shall: (1) Comply with such reasonable conditions for the issuance of a license as may be required by the Attorney General pursuant to this article; (2) Maintain a bond …

O.C.G.A. § 10-1-594 Application for license; renewal; fee

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(a) Application for a license as a buying service or club shall be made on forms prescribed by the Attorney General and shall contain such information and supporting documents as he may require. (b) Licenses shall be issued for a period of one year and shall be renewable within 9…

O.C.G.A. § 10-1-595 Revocation, suspension, and nonrenewal of licenses; grounds; notice and hearing

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(a) Licenses issued under this article may be revoked, suspended, or not renewed by the Attorney General for: (1) Any violation of the substantive provisions of this article; (2) A violation of any rule or regulation issued by the Attorney General pursuant to this article; or (3)…

O.C.G.A. § 10-1-596 Approval of Attorney General as to form of contract of membership required; effect of noncompliance

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No contract of membership shall be used by any buying service or club unless such contract is ﬁrst approved by the Attorney General as to form. Any contract or agreement used in violation of this Code section shall be null, void, and of no effect. History. Ga. L. 1975, p. 529, § …

O.C.G.A. § 10-1-597 Right to cancel membership; how exercised; entitlement to refund; right not waivable

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(a) Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12:00 Midnight of the third business day following the date on which membership was attained. (b) Notice of cancellation may be given pe…

O.C.G.A. § 10-1-598 Requirements of contracts of membership; effect of noncompliance

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(a) A copy of every contract shall be delivered to the member at the time the contract is signed. (b) Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract, and must state, clearly and conspicuously in bol…

O.C.G.A. § 10-1-599 Authorized duration of contract of membership; disclosure requirement

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No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert his or her contract into a contract for a period longer than 18 months after the member has been a member of the club for a p…

O.C.G.A. § 10-1-600 Maintenance of records; inspection

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(a) Each buying service or club licensed in this state shall keep and maintain: (1) Accurate accounts, books, and records of all transactions in this state; (2) Copies of all agreements; (3) Dates and amounts of payments made and accepted thereon; and (4) The names and addresses …

O.C.G.A. § 10-1-601 Rules, regulations, and orders

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The Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall apply to the promulgation …

O.C.G.A. § 10-1-603 Injunctions

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In addition to any other proceedings authorized by this article, the Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued or enforced by the Attor…

O.C.G.A. § 10-1-604 Civil penalty for violation; administrative hearing and review; judicial review; judgment on ﬁnal order; remedy concurrent, alternative, and cumulative

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(a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any …

O.C.G.A. § 10-1-605 Penalty

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Any person, ﬁrm, corporation, organization, partnership, entity, buying club, or buying service violating any provision of this article shall be guilty of a misdemeanor. History. Ga. L. 1975, p. 529, § 15; Ga. L. 2015, p. 1088, § 6/SB 148.

O.C.G.A. § 10-1-606 Continuing validity of previously adopted rules, orders, actions, and regulations

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Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effec…

O.C.G.A. § 10-1-620 Short title

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This article shall be known and may be cited as the “Georgia Motor Vehicle Franchise Practices Act.” History. Code 1981, § 10-1-620, enacted by Ga. L. 1993, p. 1585, § 2.

O.C.G.A. § 10-1-621 Legislative ﬁndings

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The General Assembly ﬁnds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare; (2) The provision for warranty service and the repair of predelivery transp…

O.C.G.A. § 10-1-622 Deﬁnitions

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As used in this article, the term: (.1) “Consumer data” means “nonpublic personal information” as such term is deﬁned in 15 U.S.C. Section 6809(4) as it existed on January 1, 2019, that is: (A) Collected by a dealer; and (B) Provided by the dealer directly to a manufacturer or th…

O.C.G.A. § 10-1-623 Action for violation of article; punitive damages; equitable relief; standing; venue

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(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise …

O.C.G.A. § 10-1-624 Applicability; use of subsidiary to accomplish illegal act prohibited

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(a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this articl…

O.C.G.A. § 10-1-625 Limitations of actions

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Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the …

O.C.G.A. § 10-1-626 Remedies not exclusive

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The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the righ…

O.C.G.A. § 10-1-627 Waiver of article void; voluntary releases valid

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No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not pr…

O.C.G.A. § 10-1-628 Attorney’s fees

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Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable at…

O.C.G.A. § 10-1-630 Short title

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This part shall be known and may be cited as the “Georgia Motor Vehicle Dealer’s Day in Court Act.” History. Code 1981, § 10-1-630, enacted by Ga. L. 1993, p. 1585, § 2.

O.C.G.A. § 10-1-631 Unlawful acts of franchisor

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(a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer’s b…

O.C.G.A. § 10-1-632 Protection of consumer data in motor vehicle sales or lease transactions; burden of proof for violations

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(a) With respect to consumer data, a franchisor, manufacturer, distributor, or a third party acting on behalf of a franchisor, manufacturer, or distributor: (1) Shall comply with and shall not cause a dealer to violate any applicable restrictions on reuse or disclosure of the con…

O.C.G.A. § 10-1-640 Short title

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This part shall be known and may be cited as the “Motor Vehicle Warranty Practices Act.” History. Code 1981, § 10-1-640, enacted by Ga. L. 1993, p. 1585, § 2.

O.C.G.A. § 10-1-641 Requirements of franchisor, manufacturer, and distributor; reasonable compensation for parts and labor; recall notices; stop-sales

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(a)(1) Each franchisor, manufacturer, or distributor: (A) Shall specify in writing to each of its dealers in this state the dealer’s obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-…

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 Payment of dealer’s attorney’s fees by manufacturer, distributor, or warrantor

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All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney’s fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claim…

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. History. Code 1981, § 10-1-644, enacted by Ga. L. 1993, p. 15…

O.C.G.A. § 10-1-645 Uniform warranty amongst dealers

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reimbursement agreement (a) Any manufacturer or franchisor and at least a majority of its dealers of the same line make may agree to a uniform warranty reimbursement agreement in an express written contract executed by a dealer principal or authorized designee of the dealer princ…

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.

O.C.G.A. § 10-1-651 Termination of franchise; grounds; notice; dealer costs reimbursed by franchisor; applicability to distributors

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(a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor: (1) Has satisﬁed the notice requirement …

O.C.G.A. § 10-1-652 Designated successor of a deceased or incapacitated owner

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(a) Unless there exists good cause for refusal to honor succession on the part of the franchisor, any designated successor of a deceased or incapacitated owner may succeed to the ownership interest of the owner under the existing franchise if: (1) The designated successor gives t…

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.

O.C.G.A. § 10-1-661 Franchisors prohibited from requiring or coercing dealers to take or refrain from taking certain acts

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(a) For purposes of this Code section, the term “coerce” means to compel or attempt to compel by threat or use of force or to fail to act in good faith in performing or complying with any term or provision of a franchise or dealer agreement. (b) No franchisor shall require, attem…

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, or distributor shall be permitted to exercise a right of ﬁrst refusal to acquire a dealer’s assets or ownership, in the event of a proposed ch…

O.C.G.A. § 10-1-664 Establishing a new dealership or relocating an existing dealership in the market area of an existing dealership; notice; petitions to enjoin or prohibit

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(a) Any franchisor which intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within the relevant market area of an existing dealership of the same line-make motor vehicle shall give written notice of such intent by ce…

O.C.G.A. § 10-1-664.1 Restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; competing unfairly with new dealers

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(a) It shall be unlawful for any manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of any new …

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.

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…