---
title: O.C.G.A. § 10-1-787. Finality of arbitrator’s decision; appeals by manufacturers; time for compliance with arbitrator’s decision.
collection: code
id: 10-1-787
cite_as: O.C.G.A. § 10-1-787 (2025)
canonical_url: https://georgiacommons.org/code/10-1-787
md_url: https://georgiacommons.org/code/10-1-787.md
text_url: https://georgiacommons.org/code/10-1-787/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=554
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / DEFECTIVELY MANUFACTURED NEW MOTOR VEHICLES
---

# O.C.G.A. § 10-1-787. Finality of arbitrator’s decision; appeals by manufacturers; time for compliance with arbitrator’s decision.

(a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence.

(b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer’s financial loss due to the passage of time for review.

(c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator’s award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney’s fees, and court costs.

(d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the Attorney General may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer’s control or that a delay was acceptable to the consumer.

## History

Code 1981, § 10-1-787, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148; Ga. L. 2022, p. 767, § 2-3/HB 916.

## Editor's Notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes the amendment of this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

## Amendments

The 2022 amendment, effective July 1, 2023, deleted “Article 2 of” preceding “Chapter 3” in subsection (a). See Editor’s note for applicability.