This case involves issues of first impression concerning the application of the Georgia Lemon Law, OCGA § 10-1-780 et seq., which is designed to protect certain purchasers of nonconforming1 motor vehicles, sometimes referred to as lemons or lemon vehicles. Alleging that Southtowne Motors of Newnan II, Inc. Southtowne violated the Georgia Lemon Law when it sold them a 2010 Hyundai Genesis without disclosing that it had been reacquired by the manufacturer because of defects, plaintiffs/appellants Lindsey and Cory Bender plaintiffs or Benders filed suit against Southtowne and Ally Financial Ally2 collectively defendants or appellees stating claims for, among other things, rescission, revocation of acceptance, fraud and deceit, and violation of the Georgia Fair Business Practices Act of 1975 FBPA, OCGA § 10-1-390 et seq. The trial court granted summary judgment to the defendants on all the Benders’ claims, and the Benders filed this appeal.3
Viewing the evidence in the light most favorable to the Benders as the nonmoving party on summary judgment,4 the record shows that the Benders went to Southtowne to look at cars on January 15, 2012, and became interested in a Hyundai Genesis. They told the salesman, Buck Bush, that they liked a particular Genesis they saw on the lot, but that it was out of their price range; they also were informed that someone else was already in the process of purchasing the vehicle. Bush told them about another Genesis he thought might interest them that had recently been delivered to the dealership, and he brought the vehicle from the back of the lot where it was parked for the Benders to see. The Benders took the Genesis for a test drive, and after they drove the vehicle, they looked under the hood and made a cursory examination of the vehicle. The Benders did not detect any problems with the vehicle but asked to see a Carfax report. Bush told them he had seen the Carfax and that it was clean, but Bush did not provide them with the written report, and the Benders did not make any further requests to see it. The Benders did, however, continue to express concern that this Genesis was also out of their price range, and Buck assured them he could do a super deal because it was a lease turn-in, telling them they were very, very lucky because this is a once in a lifetime deal.
