Mississippi Lemon Law: Your Complete Legal Guide
What Vehicles Are Covered
Mississippi's lemon law covers specific types of motor vehicles purchased for personal use in the state.
Covered Vehicle Types
- Passenger vehicles: Cars sold and registered in Mississippi
- Trucks: Vehicles used for transportation
- Vans: Passenger and cargo vans
- Demonstrators: Demo vehicles with manufacturer warranty
- Lease-purchase vehicles: If warranty was issued as condition of sale
Requirements for Coverage
- Vehicle must be sold in Mississippi
- Used primarily for personal, family, or household purposes
- Must be covered by manufacturer's express warranty
- Must be propelled by power other than muscular power
Vehicles Not Covered
- Vehicles run only upon tracks
- Off-road vehicles
- Motorcycles and mopeds
- Parts and components of motor homes added by motor home manufacturer
- Vehicles purchased for business purposes
Mississippi's Lemon Law Presumption
Under Mississippi Code § 63-17-159, a presumption exists that a reasonable number of repair attempts have been undertaken when certain conditions are met.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 or more attempts | Substantially same nonconformity continues to exist |
| Days Out of Service | 15 or more working days | Cumulative total, excluding routine maintenance |
| Timeframe | Within warranty or 1 year | Whichever expires earlier from original delivery |
| Written Notice Required | Before final remedy | Must notify manufacturer and allow 10 working days to repair |
Important Notice Requirement: Before pursuing lemon law remedies, the consumer must give written notification to the manufacturer of the need for repair to allow an opportunity to cure the defect. The manufacturer must immediately notify the consumer of a reasonably accessible repair facility. After delivery to the designated facility, the manufacturer has 10 working days to conform the vehicle to the express warranty.
Extension of Time: The 15-day out-of-service period may be extended if repair services are unavailable due to conditions beyond the manufacturer's control.
What Qualifies as a Nonconformity?
The defect must "impair the use, market value, or safety" of the vehicle. Examples include:
- Engine or transmission problems
- Brake system failures
- Steering defects
- Electrical system malfunctions
- Persistent starting or stalling problems
- Significant safety system issues
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies under Mississippi's lemon law, the consumer has the option to choose between remedies.
Option 1: Full Refund
The manufacturer must refund:
- Full purchase price: The total amount paid for the vehicle
- Collateral charges: Including dealer prep, undercoating, transportation, towing, replacement car rental, and title charges
- Payment to lienholder: Refunds made to consumer and lienholder as interests appear
Usage Deduction: A reasonable allowance for use is calculated as:
Usage Deduction = Miles Driven x $0.20 per mile
This fixed per-mile rate makes calculating the deduction straightforward for Mississippi consumers.
Option 2: Replacement Vehicle
The manufacturer may offer a comparable motor vehicle acceptable to the consumer. The same usage deduction applies to replacement vehicles.
How to File a Lemon Law Claim in Mississippi
Filing a successful lemon law claim in Mississippi requires careful attention to documentation and procedural requirements.
Step 1: Document Everything
- Keep all repair orders and invoices
- Record dates your vehicle was in the shop
- Document symptoms you experienced
- Save correspondence with dealer and manufacturer
- Keep receipts for towing and rental car expenses
- Note the repair facility addresses from the owner's manual
Step 2: Allow Required Repair Attempts
Give the manufacturer at least two opportunities to repair the same nonconformity before sending the required notice.
Step 3: Send Written Notice
Send written notification to the manufacturer at the zone or regional service office address listed in the owner's manual. Include:
- Your contact information
- Vehicle information (VIN, make, model)
- Description of the nonconformity
- Repair history summary
Step 4: Allow Final Repair Opportunity
The manufacturer must notify you of a reasonably accessible repair facility. After delivery, the manufacturer has 10 working days to repair the vehicle.
Step 5: Consider Dispute Resolution
If the manufacturer has an informal dispute settlement procedure complying with 16 CFR Part 703, you must use it before pursuing refund or replacement remedies. If the manufacturer fails to notify you of the procedure, this requirement does not apply.
Step 6: File Legal Action if Necessary
If the manufacturer fails to resolve your claim:
- You may file a civil action to enforce your rights
- If you prevail, you may recover attorney fees and court costs
- Actions must be filed within the timeframes specified in the statute
Manufacturer Defenses
Mississippi law provides specific affirmative defenses manufacturers may raise.
Recognized Defenses
| Defense | Description | Consumer's Response |
|---|---|---|
| No impairment | Nonconformity does not impair use, market value, or safety | Document how defect affects vehicle |
| Abuse or neglect | Problem caused by consumer abuse, neglect, or unauthorized modifications | Provide maintenance records |
| Bad faith claim | Consumer's claim was not filed in good faith | Document legitimate repair history |
| Other defenses | Any affirmative defense allowed by law | Consult with an attorney |
Consumer Bad Faith Penalty
Under Mississippi Code § 63-17-161, if a court finds that a consumer's claim was filed in bad faith, solely for harassment, or without any justiciable issue of law or fact, the consumer may be liable for all court costs incurred by the manufacturer as a direct result of the bad faith claim.
Used Vehicle Protections
Mississippi's lemon law applies primarily to new vehicles. Limited protections may be available for used vehicles:
Used Vehicles With Potential Coverage
- Transferred warranty rights: Persons who receive vehicles during the warranty period may enforce warranty obligations
- Remaining manufacturer warranty: Coverage continues for the unexpired portion
Resale Disclosure Requirements
Mississippi law and federal regulations may require disclosure when a vehicle previously returned under lemon law provisions is resold.
Additional Consumer Protections
Under Mississippi Code § 63-17-165, violations of the Motor Vehicle Warranty Enforcement Act are subject to rights and remedies provided by the Mississippi Consumer Protection Act (Chapter 24, Title 75). This provides additional avenues for relief in certain circumstances.
More Mississippi Laws
Sources and References
- Mississippi Motor Vehicle Commission: Warranty Enforcement Act(www.mmvc.ms.gov).gov
- Mississippi Attorney General: Consumer Protection(www.ago.state.ms.us)
- Mississippi Department of Revenue: Motor Vehicle Division(www.dor.ms.gov).gov