Please note: This page is currently being revised and expanded. In the meantime, please review Mr. Grumet's attorney profile at Avvo.com.
While Mr. Grumet has always handled vehicle dispute related cases periodically over the course of his career, within the last five years or so he has begun focusing more of his practice on disputes pertaining to new and used vehicle purchase and warranty disputes. This includes disputes about the condition [and advertising/misrepresentations about same] of used vehicles, new vehicle sale disclosures and contracts, extended warranty coverage claim disputes and other issues pertaining to just about any aspect of vehicle purchase/sale transactions and warranties, etc.
Another issue Mr. Grumet has been seeing and litigating a lot lately are motor vehicle title problems - in particular, breach of the warranty of title, sales of stolen or vehicles or vehicles with defective titles. For example as of late 2014, Mr. Grumet has been involved in complex litigation in federal court pertaining to an expensive ($90,000+ total purchase/financed price) vehicle that was sold to his client by a used car dealership, which was later determined to have been reported as stolen. This led to police arresting his client and seizing the vehicle - without it ever being returned to the client (for over a year no one could give the client any information about the vehicle's location).
Obviously this was very distressing for the client - who had paid almost $40,000 down and was still paying substantial monthly payments on a vehicle that he could no longer use - and after unsuccessfully trying to resolve the matter with the dealer, he eventually retainer Mr. Grumet, who assisted the client with filing suit against the dealership and the finance company (who is liable under the FTC Holder in Due Course rule as well as contractually). The defendants have fought the case vigorously - despite the clear evidence showing that there was a breach of the warranty of title, among other things, as a result of the sale of a vehicle reported as stolen - and the dealership has filed a Third-Party Complaint (sued) against BMW Finance, the original seller of the vehicle, which has made the case even more convoluted.
Before contacting Mr. Grumet about Lemon Law issues or questions, please read the related information elsewhere on our site and at the websites listed on the Lemon Law resources page (some links may be outdated as of November 2014).
First and foremost, Georgia's current motor vehicle warranty law ("Lemon Law") applies to the purchase or lease of a NEW VEHICLE ONLY! It does NOT apply to the purchase or lease of a USED vehicle! Also, it is important to note that problems or disputes related to the purchase of a used vehicle sold "as is" generally present EXTREMELY difficult burdens to overcome and, when litigated by consumers/purchasers, are unsuccessful much more often than not.
Keep in mind that there are two distinct versions of Georgia's Lemon Law, each applicable depending upon the time of the vehicle's purchase. The older version is/was known as the Georgia "Motor Vehicle Warranty Rights Act" and applies to vehicles purchased, leased or registered in GA BEFORE January 1, 2009. The other, later version, is known as the "Georgia Lemon Law Act", applies to vehicles purchased, leased or registered in GA on or AFTER to January 1, 2009. Of course the former statute is becoming less and less applicable as time goes on, and only in rare circumstances - such as when a formal complaint and repair attempt was made within the initial one-year period following January 1, 2009 - will it apply.
The following information regarding the laws governing used vehicle sales and emissions status can be found on Georgia's Clear Air Force website.
Georgia's Clean Air Force (GCAF) manages a monitoring and complaint program for used vehicle sales without proper Georgia Vehicle Emission Inspection Reports (VIRs). Georgia law requires that no person (dealers or individuals) sell a used vehicle, if such vehicle is to be registered in one of the 13 covered counties (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnet, Henry, Paulding, and Rockdale), unless such vehicle has a valid, passing certificate of vehicle emission inspection at the time of sale (DNR Rule 391-3-20-.18(1)). The seller is not required to provide the buyer with a copy of the VIR. Please note: the Georgia Environmental Protection Division (EPD) can only investigate sales that have occurred within Georgia.
Read more: Georgia Vehicle Emissions
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