Heath Rodgers sued General Motors Corporation for breach of express and implied warranties following his purchase of a new 2002 Pontiac TransAm. Rodgers appeals from the trial court’s order granting summary judgment to General Motors, contending he did not waive his right to pursue breach of warranty claims in court by utilizing the alternative dispute resolution procedures found in the Motor Vehicle Warranty Rights Act, OCGA § 10-1-780 et seq. We agree and reverse. The underlying facts in this case are undisputed. Following his purchase of the new TransAm, Rodgers experienced various difficulties with it that are not relevant to this appeal. When the dealership was unable to resolve his problems to his satisfaction, Rodgers requested arbitration before the Council of Better Business Bureaus. Before participating in the arbitration, Rodgers signed a form titled “Waiver Required by Georgia Law. ” The form stated in an outlined box: Section 10-1-784 d of the Georgia Motor Vehicle Warranty Rights Act the “ Lemon Law” requires that consumers who wish to arbitrate a claim under the Georgia Lemon Law must waive their rights to pursue legal action under the Uniform Commercial Code provisions listed below. Underneath this statement, Rodgers acknowledged that he waived any rights he “might have under the Uniform Commercial Code provisions of Georgia state law OCGA Sections 11-2-602 through 11-2-609.”
After the Better Business Bureau arbitrator denied his claim, Rodgers requested a second arbitration before the new motor vehicle panel created in the Motor Vehicle Warranty Rights Act. OCGA § 10-1-786 1 and §10-1-794. Before participating in this arbitration, he signed the following: I understand that state law provides that if I participate in procedures under the Georgia Motor Vehicle Warranty Rights Act, I will be deemed to have waived and given up other rights I might have under the Uniform Commercial Code provisions of state law. OCGA Sections 11-2-602 through 11-2-609. . . . I hereby surrender and waive any rights I may have under the provisions of OCGA Sections 11-2-602 through 11-2-609. Before the second arbitration panel issued its decision, Rodgers hired counsel, sent a letter to General Motors revoking his acceptance of the TransAM, and filed a complaint against General Motors seeking damages based on General Motors’ alleged breach of implied and express warranties. In his prayer for relief, he seeks revocation of his acceptance and consequential and incidental damages. He also made a claim for damages under the Magnuson-Moss Warranty Act, 15 USCA § 2301 et seq.
