Mississippi Lemon Law (2026): How to Qualify & Get a Refund

Mississippi's Motor Vehicle Warranty Enforcement Act (Miss. Code Ann. §§ 63-17-151 to 63-17-165) protects new-vehicle buyers by requiring manufacturers to replace or refund defective cars after three repair attempts for the same defect, or 15 or more working days out of service, within the warranty period or one year of delivery. The consumer chooses between replacement and a full refund.

Overview of Mississippi's Lemon Law

Mississippi protects consumers who purchase defective new vehicles through the Motor Vehicle Warranty Enforcement Act, codified at Mississippi Code Annotated §§ 63-17-151 through 63-17-165. This law requires manufacturers to repair, replace, or refund vehicles that fail to meet express warranty standards after a reasonable number of repair attempts.

The law applies to vehicles sold in Mississippi that are used primarily for personal, family, or household purposes. If a manufacturer or its authorized dealer cannot fix a substantial defect after multiple attempts, the consumer may demand a replacement vehicle or a full refund of the purchase price. The choice between those two remedies belongs to the consumer, not the manufacturer.

Mississippi's lemon law has remained largely unchanged since its enactment. No significant amendments were passed during the 2025 or 2026 legislative sessions. The core protections, thresholds, and remedies described below reflect the current law as of 2026.

Federal Overlay: The Magnuson-Moss Warranty Act

Mississippi's state lemon law works alongside a federal backstop. The Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.) applies to any consumer product sold with a written warranty, including motor vehicles. Where a manufacturer fails to fulfill its written warranty obligations, federal law provides an independent right to sue for damages, costs, and attorney fees in federal court. Consumers who do not meet Mississippi's lemon presumption thresholds may still pursue a claim under Magnuson-Moss if the manufacturer has breached a written warranty after a reasonable opportunity to repair.

What Vehicles Does the Law Cover?

Under Mississippi Code § 63-17-155, "motor vehicle" means a vehicle propelled by power other than muscular power that is sold in Mississippi, operated over the state's public streets and highways, and used to transport persons or property.

Covered Vehicles

• Passenger cars sold and registered in Mississippi
• Trucks used for personal transportation
• Vans, including passenger and cargo vans
• Demonstrator vehicles with a manufacturer's warranty issued as a condition of sale
• Lease-purchase vehicles where a warranty was issued as a condition of sale
• Electric vehicles and hybrids (covered under the same definition as any motor vehicle propelled by power other than muscular power)

Vehicles Not Covered

• Vehicles that run only on tracks (such as trains)
• Off-road vehicles not operated on public highways
• Motorcycles and mopeds
• Electric personal assistive mobility devices (as defined in Mississippi Code § 63-3-103)
• Parts and components of motor homes that were added or assembled by the motor home manufacturer
• Vehicles purchased primarily for business or commercial purposes

Requirements for Coverage

To qualify for lemon law protection, the vehicle must meet all of these conditions:

What Qualifies as a Nonconformity?

A nonconformity is any defect or condition that does not conform to the manufacturer's express warranty and that impairs the use, market value, or safety of the vehicle. The defect must be substantial enough to affect how the consumer uses the vehicle, what the vehicle is worth, or whether the vehicle is safe to operate.

Common Examples of Qualifying Defects

• Engine or transmission failures that persist after repair
• Brake system malfunctions
• Steering defects that affect vehicle control
• Electrical system problems causing repeated failures
• Persistent starting, stalling, or overheating issues
• Safety system malfunctions (airbags, stability control, collision avoidance)
• Battery or charging system defects in electric vehicles

Minor cosmetic issues or problems caused by consumer abuse, neglect, or unauthorized modifications generally do not qualify.

The Lemon Law Presumption

Mississippi Code § 63-17-159 creates a legal presumption that the manufacturer has had a reasonable number of repair attempts when specific conditions are met. Once this presumption applies, the burden shifts to the manufacturer to prove otherwise.

When the Presumption Applies

Written Notice Requirement: The presumption in § 63-17-159(3) is triggered by the repair attempts or the days out of service alone. It carries no notice condition. Written notice is a separate requirement under § 63-17-159(5): before availing himself of the provisions of that section, meaning the replacement or refund remedy, the consumer must give written notice to the manufacturer of the need for repair of the nonconformity, addressed to the zone or regional service office listed in the owner's manual. The manufacturer must then notify the consumer of a reasonably accessible repair facility. After the vehicle is delivered to that facility, the manufacturer has 10 working days to conform the vehicle to the express warranty.

Extension Provision: The 15-working-day out-of-service period may be extended if repair services are not available due to conditions beyond the manufacturer's control, such as a natural disaster or parts shortage.

Consumer Remedies: Replacement or Refund

When a vehicle meets the lemon law presumption and the manufacturer cannot fix the defect, the consumer has the right to choose between two remedies under Mississippi Code § 63-17-159. The statute expressly gives the consumer this election; the manufacturer does not choose.

Option 1: Full Refund

The manufacturer must refund the following:

• Full purchase price of the vehicle
• All collateral charges, which Mississippi Code § 63-17-155 defines as charges not directly part of the manufacturer's suggested retail price, including:
  • Dealer preparation charges
  • Undercoating charges
  • Transportation charges
  • Towing costs
  • Replacement car rental costs
  • Title charges
• Lienholder payments as applicable, with refunds distributed between the consumer and lienholder according to their respective interests

Usage Deduction: The manufacturer may subtract a reasonable allowance for the consumer's use of the vehicle. Mississippi sets this at a flat rate:

Usage Deduction = Miles Driven x $0.20 per mile

For example, if a consumer drove 5,000 miles before the vehicle qualified as a lemon, the deduction would be $1,000.

Option 2: Replacement Vehicle

If the consumer elects replacement, the manufacturer must provide a comparable motor vehicle that is acceptable to the consumer. Under Mississippi Code § 63-17-155, a "comparable motor vehicle" means an identical or reasonably equivalent vehicle. The same usage deduction applies to the replacement value.

Step-by-Step: How to File a Lemon Law Claim

Filing a successful lemon law claim in Mississippi requires careful documentation and following the proper sequence of steps.

Step 1: Document Everything From Day One

Keep organized records of every interaction related to the vehicle's problems:

• All repair orders and invoices, with dates and descriptions of work performed
• A log of every day the vehicle was at the repair facility
• Written descriptions of the symptoms you experienced
• All correspondence with the dealer and manufacturer
• Receipts for towing charges and rental car expenses
• The owner's manual section listing the manufacturer's zone or regional service office address

Step 2: Allow the Required Repair Attempts

Give the manufacturer's authorized dealer at least three opportunities to repair the same defect. Each visit should be documented with a written repair order.

Step 3: Send Written Notice to the Manufacturer

After three unsuccessful repair attempts (or after the vehicle has been out of service for 15 working days), send a written notice to the manufacturer. Address it to the zone or regional service office listed in your owner's manual. Include:

• Your full name and contact information
• Vehicle identification number (VIN), make, model, and year
• A clear description of the nonconformity
• A summary of your complete repair history with dates

Send this notice by certified mail with return receipt requested so you have proof of delivery.

Step 4: Allow the Final Repair Opportunity

After receiving your notice, the manufacturer must direct you to a reasonably accessible repair facility. Once you deliver the vehicle to that facility, the manufacturer has 10 working days to conform the vehicle to the express warranty.

Step 5: Use the Manufacturer's Dispute Resolution Program (If Required)

Under Mississippi Code § 63-17-163, if the manufacturer has established an informal dispute settlement procedure that complies in all respects with the Federal Trade Commission's regulations at 16 CFR Part 703, the refund and replacement provisions of § 63-17-159 do not apply to a consumer who has not first resorted to that procedure. In practice, that means you have to go through the program before pursuing a refund or replacement through the courts. Many manufacturers use the BBB AUTO LINE program for this purpose.

Key points about the dispute resolution requirement:

• The panel's decision is not legally binding on anyone, including the manufacturer. Under 16 CFR 703.5(j), decisions of the mechanism "shall not be legally binding on any person," the warrantor must act in good faith, and the decision is admissible as evidence in a later court action. Mississippi's Act is silent on the point and does not make an award enforceable against the manufacturer
• The program must be free to consumers (16 CFR 703.3(a))
• If the manufacturer fails to notify you that an informal dispute settlement procedure is available, Mississippi Code § 63-17-159(5) provides that the requirements of § 63-17-163 do not apply
• You have 90 days after the panel's final decision to file a lawsuit if you are not satisfied with the outcome

Step 6: File a Civil Action if Necessary

If the manufacturer fails to resolve your claim through the dispute resolution process (or no such process exists), you may file a lawsuit in Mississippi court. Under Mississippi Code § 63-17-159, if you prevail, the court may award you:

• Costs and expenses reasonably incurred
• Attorney's fees based on actual time expended by your lawyer

Statute of Limitations

Timing is critical. Under Mississippi Code § 63-17-159(6), you must file your lemon law action within the earlier of these two deadlines:

• 1 year after the expiration of the express warranty
• 18 months after the date of original delivery of the vehicle to you

If you resorted to an informal dispute settlement panel, the statute gives you a separate filing window: you may file within 90 days after the panel's final action, even where that date falls after the deadlines above. Missing the deadline that applies to you can permanently bar your claim.

Manufacturer Defenses

Mississippi law allows manufacturers to raise specific affirmative defenses under Mississippi Code § 63-17-159.

Bad Faith Penalty

Under Mississippi Code § 63-17-161, if a court determines 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 ordered to pay all court costs the manufacturer incurred as a direct result of the bad faith claim. This provision discourages frivolous filings but does not prevent consumers from pursuing legitimate claims.

Used Vehicle Protections

Mississippi's lemon law applies primarily to new vehicles. However, limited protections exist for used vehicle buyers:

• Transferred warranty rights: Individuals who receive a vehicle by transfer during the warranty period may enforce warranty obligations under the Act
• Remaining manufacturer warranty: Coverage continues for the unexpired portion of the original warranty
• Lemon buyback disclosure: Federal and state regulations may require sellers to disclose when a vehicle was previously returned under lemon law provisions

Additional Consumer Protection

Mississippi Code § 63-17-165 provides that any violation of the Motor Vehicle Warranty Enforcement Act is subject to the rights and remedies available under the Mississippi Consumer Protection Act (Chapter 24, Title 75, Mississippi Code). This gives consumers additional legal tools, including the ability to file complaints with the Mississippi Attorney General's Consumer Protection Division.

Consumers can file complaints through the Mississippi Attorney General's office at attorneygenerallynnfitch.com/divisions/consumer-protection or by calling (601) 359-3680.

More Mississippi Laws

• Mississippi Car Accident Laws

Frequently Asked Questions

How many repair attempts does Mississippi require before a vehicle qualifies as a lemon?

Mississippi's lemon law presumption applies after three or more repair attempts for substantially the same nonconformity, or after the vehicle has been out of service for a cumulative total of 15 or more working days (not counting routine maintenance). These conditions must occur within the warranty period or one year from original delivery, whichever is earlier. After the presumption applies, you must still send written notice to the manufacturer and allow 10 additional working days for a final repair attempt.

How is the usage deduction calculated in Mississippi?

Mississippi uses a straightforward flat rate of 20 cents per mile driven. Simply multiply the total miles on the odometer at the time of the claim by $0.20. For example, if you drove 8,000 miles, the deduction would be $1,600. This amount is subtracted from either the refund or the value of the replacement vehicle.

Do I have to go through arbitration before filing a lawsuit?

Only if the manufacturer has established an informal dispute settlement procedure that complies in all respects with the Federal Trade Commission's regulations at 16 CFR Part 703. Mississippi Code Section 63-17-163 provides that where such a program exists, the refund and replacement provisions of Section 63-17-159 do not apply to a consumer who has not first used it. However, if the manufacturer never notified you about the program, Section 63-17-159(5) provides that this requirement does not apply. The panel's decision is not legally binding on anyone under 16 CFR 703.5(j), although the manufacturer must act in good faith and the decision can be used as evidence if you later sue.

What is the deadline to file a Mississippi lemon law claim?

You must file within one year after the express warranty expires, or within 18 months after the vehicle was originally delivered to you, whichever deadline comes first. If you went through an informal dispute settlement procedure, you have 90 days from the panel's final decision to file a lawsuit. Missing these deadlines can permanently prevent you from bringing a claim.

Does Mississippi's lemon law cover electric vehicles?

Yes. The statute defines motor vehicle as any vehicle propelled by power other than muscular power. Electric vehicles and hybrids meet this definition and receive the same protections as gasoline-powered vehicles. Battery defects, charging system failures, and software malfunctions that impair use, safety, or market value can all qualify as nonconformities under the law.