Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-704 MARINAS
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Marine membership facilities. Fair business practices act of 1975, §§10-1-392, 10-1-393. MARINE MANUFACTURERS, §§10-1-675 to 10-1-678. Applicability of provisions, §10-1-678. Contracts. Termination of contractual relationship between dealer and manufacturer, §10-1-676. Definitions…
O.C.G.A. § 10-1-720 Definitions
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As used in this article, the term: (1) “Adult” means any person who is not a minor. (2) “Dealer” means any person, other than an agent or employee of a producer or redistributor, who is engaged in the retail sale of petroleum products under a franchise agreement as defined in para…
O.C.G.A. § 10-1-721 Rules and regulations, §10-1-155
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Inspection of gasoline samples. Power of department of agriculture to implement, §10-1-157. Inspection of self measuring pumps. Power of department of agriculture to implement, §10-1-159. Violations, §10-1-169. Enjoining, §10-1-156. Sales. Advertising retail motor fuels. Advertis…
O.C.G.A. § 10-1-730 Short title
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This article shall be known and may be cited as the “Georgia Multiline Heavy Equipment Dealer Act.” History. Code 1981, § 10-1-730, enacted by Ga. L. 1993, p. 1585, § 3. 10-1-731. Definitions.
O.C.G.A. § 10-1-731 Definitions
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As used in this article, the term: (1) “Agreement” means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier’s heavy equipment products an…
O.C.G.A. § 10-1-732 Good faith
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Requirements, §10-1-738. Settlement of disputes, §10-1-737. Incorporation of article into agreements, §10-1-737. Injunctions, §10-1-739. Interpretation of agreements. Reasonableness, §10-1-738. Mailing of notices required by article, §10-1-735. Management.
O.C.G.A. § 10-1-733 Amendment, termination, cancellation, or nonrenewal of agreement
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(a) Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days’ prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement. The notice shall state all the reasons for the inten…
O.C.G.A. § 10-1-734 Transfer of business, stock, or other interest in dealership
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(a) No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer’s business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying…
O.C.G.A. § 10-1-735 Management
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Change, §10-1-736. Notice of intent to amend, terminate, cancel, etc., §10-1-733. Notice of contract for transfer of business during period, §10-1-733. Notice of withholding of consent to transfer business, §10-1-734. Personnel. Change, §10-1-736. Reasonableness. Requirements, §1…
O.C.G.A. § 10-1-736 Change in dealer’s management or personnel
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No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers. 503 10-1-739 Histor…
O.C.G.A. § 10-1-737 Limited edition art reproductions
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Liabilities incurred by artists, dealers or consignees, §10-1-434. Military affairs. Powers of attorney. Effect of death on power by armed forces members, §10-6-35. Motor vehicle franchises. Dealer’s day in court. Practices in violation of existing law, §10-1-631. False advertisi…
O.C.G.A. § 10-1-738 Good faith, fair dealing, and reasonableness requirements
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(a) Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly. (b) This article shall impose on every term and provision of any agreement a requirement of reasonableness. Every term or provisi…
O.C.G.A. § 10-1-739 Suretyship
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Corporate sureties. Bad faith refusal to perform contract, §10-7-30. Telemarketing, identification of caller, §10-1-393.13. Trademarks and service marks. Fraud or false representation in registering, §10-1-449. Infringement of registered mark, §10-1-450. Recovery of profits and dam…
O.C.G.A. § 10-1-740 Installment contracts
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Retail installment contracts. General provisions, §§10-1-1 to 10-1-16. Motor vehicle financing, §§10-1-30 to 10-1-42. Lease-purchase agreements, §§10-1-680 to 10-1-689. Marine manufacturers. Termination of contractual relationship between dealer and manufacturer, §10-1-677. Novati…
O.C.G.A. § 10-1-760 Short title
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This article shall be known and may be cited as the “Georgia Trade Secrets Act of 1990.” History. Code 1981, § 10-1-760, enacted by Ga. L. 1990, p. 1560, § 1; Ga. L. 2024, p. 1052, § 2(27)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, par…
O.C.G.A. § 10-1-761 Definitions
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As used in this article, the term: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering o…
O.C.G.A. § 10-1-762 Injunctive relief
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(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for …
O.C.G.A. § 10-1-763 Recovery of damages
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(a) In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken …
O.C.G.A. § 10-1-764 Award of attorneys’ fees
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If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys’ fees to the prevailing party. History. Code 1981, § 10-1-764, ena…
O.C.G.A. § 10-1-765 True origin of digital goods act
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Action by owner, agent or licensee of recording or work disseminated in violation of provisions, §10-1-933. Unfair or deceptive trade practices. Fair business practices act of 1975. Civil remedies by individuals, §10-1-399. Limitation on recovery in case of bona fide error, §10-1-…
O.C.G.A. § 10-1-766 Limitation of action
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An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single…
O.C.G.A. § 10-1-767 Applicability of article
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(a) Except as provided in subsection (b) of this Code section, this article shall supersede conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret. (b) This article shall not affect: (1) Contractual duties or …
O.C.G.A. § 10-1-770 Definitions
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As used in this article, the term: (1) “Claims in the patent” means the extent of protection conferred by a patent. (2) “Demand letter” means a letter, email, or other written communication asserting or claiming that the target has engaged in patent infringement. (3) “Target” mea…
O.C.G.A. § 10-1-772 Protective order; posting of bond
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If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author’s agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request tha…
O.C.G.A. § 10-1-773 Enforcement; relief from damages
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(a) 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 enforc…
O.C.G.A. § 10-1-774 PAYMENT IN FULL
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Department of economic development. Development bonds, §10-9-5. PEDDLERS AND ITINERANT TRADERS. Patent rights, copyrights or proprietary rights. Consideration to be stated on notes or contracts of sale, §10-3-3. Penalty for violations, §10-3-5. Purchaser takes subject to equities…
O.C.G.A. § 10-1-780 Short title
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This article shall be known and may be cited as the “Georgia Lemon Law.” History. Code 1981, § 10-1-780, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.
O.C.G.A. § 10-1-781 Legislative intent
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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 e…
O.C.G.A. § 10-1-782 Definitions
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Unless the context clearly requires otherwise, as used in this article, the term: (1) “Adjusted capitalized cost” means the amount shown as the adjusted capitalized cost in the lease agreement. (2) “Attorney General” means the Attorney General or his or her designee. (3) “Authori…
O.C.G.A. § 10-1-784 Owners manual
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Provision to consumer and information to be included, §10-1-783. Promulgation of rules and regulations, §10-1-795. Purposes, §10-1-781.
O.C.G.A. § 10-1-785 Rules and regulations, §10-1-795
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Continuation and transition to attorney general responsibility, §10-1-798. Severability of provisions, §10-1-796.
O.C.G.A. § 10-1-786 Conduct, §10-1-786
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Dealer not to be made party by manufacturer, §10-1-792. Decision of arbitrator, §10-1-786. Finality, §10-1-787. Franchise agreements not affected, §10-1-792. Manufacturer failure to comply with decision, §10-1-787. New motor vehicle arbitration panels. Compensation, §10-1-789. Es…
O.C.G.A. § 10-1-788 Exhaustion of remedies under article required
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The provisions of this article are not available to a consumer in a civil 540 10-1-788 SELLING/OTHER TRADE PRACTICES 10-1-790 action unless the consumer has first exhausted all remedies provided for in this article. History. Code 1981, § 10-1-788, enacted by Ga. L. 2008, p. 746, §…
O.C.G.A. § 10-1-790 Requirements for transfer of reacquired vehicle
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(a) 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…
O.C.G.A. § 10-1-792 Limitation of liability for new motor vehicle dealers
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(a) 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 f…
O.C.G.A. § 10-1-794 Definitions
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15 Short title. Legislative intent. Definitions. Provision of owner’s manual and notice of rights; fully itemized and legible repair order; copies of reports. Opportunity to repair; repurchase or replacement of vehicle. Compelled replacement or repurchase through arbitration; manu…
O.C.G.A. § 10-1-795 Rules and regulations
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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 …
O.C.G.A. § 10-1-796 Severability
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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 provision…
O.C.G.A. § 10-1-797 Consumer cannot waive rights
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Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy. History. Code 1981, § 10-1-797, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148. 10-1-…
O.C.G.A. § 10-1-798 Severability of provisions, §10-1-796
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Short title. Georgia lemon law, §10-1-780. Statement of consumer’s rights to be provided, §10-1-783. Time for consumer to deliver vehicle to repair facility, §10-1-784. Violations of article. Unfair and deceptive acts or practices, §10-1-793. Waiver of rights by consumer prohibit…
O.C.G.A. § 10-1-80 Definitions
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As used in this article, the term: (1) “Rebuilt” means the reconditioning of a motor, engine, well pump, or other mechanical item by the replacement of parts of the motor, engine, well pump, or other mechanical item without changing the original size, shape, or tolerance of the i…
O.C.G.A. § 10-1-81 Label required for remanufactured item sold at retail
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Any remanufactured item sold at retail in the State of Georgia shall be labeled “Remanufactured.” Such label shall be placed adjacent to and shall be of the same size and type of marking as the old marking on the remanufactured item. History. Ga. L. 1959, p. 372, § 1.
O.C.G.A. § 10-1-810 Thirty day repair period
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Extension, §10-1-815. Motor vehicles, §§10-1-780 to 10-1-798. Actions. Exhaustion of remedies required, §10-1-788. LEMON LAW —Cont’d Motor vehicles —Cont’d Agreement constituting waiver of rights. Unenforceable, §10-1-797. Arbitration to compel replacement or repurchase of vehicl…
O.C.G.A. § 10-1-811 Definitions
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As used in this article, the term: (1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and…
O.C.G.A. § 10-1-813 Opportunity to repair
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If the farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer within 18 months of the date of the original delivery of the farm tractor to the consumer, the manufacturer or it…
O.C.G.A. § 10-1-814 Refund or replacement
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(a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the 547 10-1-815 use or market value of the farm tractor to the consumer w…
O.C.G.A. § 10-1-815 Extension of reporting and repair periods
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The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts 548 10-1-815 SELLING/OTHER TRADE PRACTICES 10-1-816 are not available to the consumer because of a war, invasion, strike, fire, flood, or other…
O.C.G.A. § 10-1-816 Motor vehicles
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Arbitration to compel replacement or repurchase of vehicle. Appeal of decision, §10-1-787. Appeal of ineligibility determination. Frivolous filing of, §10-1-786. Motor vehicles. Lemon law. Arbitration to compel replacement or repurchase of vehicle. Appeal of decision, §10-1-787. A…
O.C.G.A. § 10-1-817 Affirmative defenses against claims
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It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect or of modifications or alterations of the farm tractor not authorize…
O.C.G.A. § 10-1-818 Limitations of actions
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Any action brought under this article shall be commenced within 12 months following the 18 month period. History. Code 1981, § 10-1-818, enacted by Ga. L. 1991, p. 419, § 1. 10-1-819. Other remedies and rights not limited by article.