Mississippi Lemon Law Statutes...
Mississippi Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Mississippi consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Mississippi Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Mississippi State Statutes
Annotated, 63-17-151 to 63-17-165
63-17-151 et seq. shall be known and may be cited as the "Motor Vehicle
Warranty Enforcement Act".
Legislative findings and declaration of purpose.
recognizes that a motor vehicle is a major consumer purchase and that a
defective motor vehicle creates a hardship for the consumer. The Legislature
further recognizes that a duly franchised motor vehicle dealer is an agent of
the manufacturer. It is the intent of the Legislature that a good faith motor
vehicle warranty complaint by a consumer should be resolved by the manufacturer,
or its agent, within a specified period of time. It is further the intent of the
Legislature to provide the statutory procedures whereby a consumer may receive a
replacement motor vehicle, or a full refund, for a motor vehicle which cannot be
brought into conformity with the express warranty issued by the manufacturer.
However, nothing in Sections 63-17-153 et seq. shall in any way limit the rights
or remedies which are otherwise available to a consumer under any other law.
As used in
Sections 63-17-151 et seq. the following terms shall have the following
"Collateral charges" means those additional charges to a consumer
which are not directly attributable to the manufacturer's suggested retail price
label for the motor vehicle. For the purposes of Sections 63-17-151 et seq.
collateral charges shall include, but not be limited to, dealer preparation
charges, undercoating charges, transportation charges, towing charges,
replacement car rental costs and title charges.
"Comparable motor vehicle" means an identical or reasonably equivalent
"Consumer" means the purchaser, other than for purposes of resale, of
a motor vehicle, primarily used for personal, family, or household purposes, and
any person to whom such motor vehicle is transferred for the same purposes
during the duration of an express warranty applicable to such motor vehicle, and
any other person entitled by the terms of such warranty to enforce the
obligations of the warranty.
"Express warranty" means any written affirmation of fact or promise
made in connection with the sale of a motor vehicle by a supplier to a consumer
which relates to the nature of the material or workmanship and affirms or
promises that such material or workmanship is defect-free or will meet a
specified level of performance over a specified period of time. For the purposes
of Sections 63-17-151 et seq. express warranties do not include implied
"Manufacturer" means a manufacturer or distributor as defined in
"Motor vehicle" means a vehicle propelled by power other than muscular
power which is sold in this state, is operated over the public streets and
highways of this state and is used as a means of transporting persons or
property, but shall not include vehicles run only upon tracks, off-road
vehicles, motorcycles, mopeds, or parts and components of a motor home which
were added on and/or assembled by the manufacturer of the motor home.
"Motor vehicle" shall include demonstrators or lease-purchase vehicles
as long as a manufacturer's warranty was issued as a condition of sale.
"Purchase price" means the price which the consumer paid to the
manufacturer to purchase the motor vehicle in a cash sale or, if the motor
vehicle is purchased in a retail installment transaction, the cash sale price as
defined in Section 63-19-3.
Repair of nonconforming vehicle.
For the purposes
of Sections 63-17-151 et seq., if a new motor vehicle does not conform to all
applicable express warranties, and the consumer reports the nonconformity to the
manufacturer or its agent during the term of such express warranties or during
the period of one (1) year following the date of original delivery of the motor
vehicle to the consumer, whichever period expires earlier, the manufacturer or
its agent shall make such repairs as are necessary to conform the vehicle to
such express warranties, notwithstanding the fact that such repairs are made
after the expiration of such term or such one-year period.
Replacement of vehicle or refund of purchase price.
nonconformity cannot be corrected; affirmative defenses; presumption of
reasonable attempts to conform vehicle to warranties; extension of warranties;
notice requirements relating to repair of nonconformity; civil actions.
If the manufacturer or its agent cannot conform the motor vehicle to any
applicable express warranty by repairing or correcting any default or condition
which impairs the use, market value, or safety of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer shall give the
consumer the option of having the manufacturer either replace the motor vehicle
with a comparable motor vehicle acceptable to the consumer, or take title of the
vehicle from the consumer and refund to the consumer the full purchase price,
including all reasonably incurred collateral charges, less a reasonable
allowance for the consumer's use of the vehicle. The subtraction of a reasonable
allowance for use shall apply when either a replacement or refund of the motor
vehicle occurs. A reasonable allowance for use shall be that sum of money
arrived at by multiplying the number of miles the motor vehicle has been driven
by the consumer by Twenty Cents (20 per mile. Refunds shall be made to the
consumer and lien holder of record, if any, as their interests may appear.
It shall be an affirmative defense to any claim under Sections 63-17-151 et seq.
An alleged nonconformity does not impair the use, market value or safety of the
A nonconformity is the result of abuse, neglect or unauthorized modifications or
alterations of a motor vehicle by a consumer;
A claim by a consumer was not filed in good faith; or
Any other affirmative defense allowed by law.
It shall be presumed that a reasonable number of attempts have been undertaken
to conform a motor vehicle to the applicable express warranties if within the
terms, conditions or limitations of the express warranty, or during the period
of one (1) year following the date of original delivery of the motor vehicle to
a consumer, whichever expires earlier, either:
Substantially the same nonconformity has been subject to repair three (3) or
more times by the manufacturer or its agent and such nonconformity continues to
The vehicle is out of service by reason of repair of the nonconformity by the
manufacturer or its agent for a cumulative total of fifteen (15) or more working
days, exclusive of downtime for routine maintenance as prescribed by the owner's
manual, since the delivery of the vehicle to the consumer. The fifteen-day
period may be extended by any period of time during which repair services are
not available to the consumer because of conditions beyond the control of the
manufacturer or its agent.
The terms, conditions or limitations of the express warranty, or the period of
one (1) year following the date of original delivery of the motor vehicle to a
consumer, whichever expires earlier, may be extended if the motor vehicle
warranty problem has been reported but has not been repaired by the manufacturer
or its agent by the expiration of the applicable time period.
The manufacturer shall provide a list of the manufacturer's zone or regional
service office addresses in the owner's manual provided with the motor vehicle.
It shall be the responsibility of the consumer or his representative, prior to
availing himself of the provisions of this section, to give written notification
to the manufacturer of the need for the repair of the nonconformity, in order to
allow the manufacturer an opportunity to cure the alleged defect. The
manufacturer shall immediately notify the consumer of a reasonably accessible
repair facility to conform the vehicle to the express warranty. After delivery
of the vehicle to the designated repair facility by the consumer, the
manufacturer shall have ten (10) working days to conform the motor vehicle to
the express warranty. Upon notification from the consumer that the vehicle has
not been conformed to the express warranty, the manufacturer shall inform the
consumer if an informal dispute settlement procedure has been established by the
manufacturer in accordance with Section 63-17-163, and provide the consumer with
a copy of the provisions of Sections 63-17-151 et seq. However, if prior notice
by the manufacturer of an informal dispute settlement procedure has been given,
no further notice is required. If the manufacturer fails to notify the consumer
of the availability of this informal dispute settlement procedure, the
requirements of Section 63-17-163 shall not apply.
Any action brought under Sections 63-17-151 et seq. shall be commenced within
one (1) year following expiration of the terms, conditions or limitations of the
express warranty, or within eighteen (18) months following the date of original
delivery of the motor vehicle to a consumer, whichever is earlier, or, if a
consumer resorts to an informal dispute settlement procedure as provided in
Sections 63-17-151 et seq., within ninety (90) days following the final action
of the panel.
If a consumer finally prevails in any action brought under Sections 63-17-151 et
seq., the court may allow him to recover as part of the judgment a sum equal to
the aggregate amount of costs and expenses, including attorney's fees based on
actual time expended, determined by the court to have been reasonably incurred
by the plaintiff for or in connection with the commencement and prosecution of
Liability of consumer for bad faith claims.
Any claim by a
consumer which is found by the court to have been filed in bad faith, or solely
for the purpose of harassment, or in complete absence of a justifiable issue of
either law or fact raised by the consumer, shall result in the consumer being
liable for all court costs incurred by the manufacturer or its agent as a direct
result of the bad faith claim.
Necessity for resort to informal dispute settlement procedure.
If a manufacturer
has established an informal dispute settlement procedure which complies in all
respects with the provisions of 16 C.F.R., Part 703, the provisions of Section
63-17-159 concerning refunds or replacements shall not apply to any consumer who
has not first resorted to such procedure.
Remedies for violations.
Any violation of
Sections 63-17-151 et seq. shall be subject to the rights and remedies as
provided for by Chapter 24, Title 75, Mississippi Code of 1972.