State of Mississippi

Office of Attorney General

Mississippi Lemon Law

Recognizing that a car is a major consumer purchase and that a defective car creates a burden for the consumer, the Legislature, through this Act, has provided procedures where a consumer may receive either a replacement car or a full refund for a NEW car which cannot be brought into conformity with the express warranty issued by the manufacturer.

These laws apply to demonstrators or lease-purchase vehicles as long as a manufacturer's warranty was issued as a condition of the sale. However, this Act does not apply to motorcycles or mopeds.

If a NEW vehicle does not conform to the express warranty, the consumer must report the defect(s) to the manufacturer or dealer within the warranty period or within 1 year from the time the consumer received the car -- whichever period ends first. The manufacturer or dealer must then make whatever repairs are necessary to conform the vehicle to the warranty -- even if these repairs are made after the expiration of the warranty period or one-year period. (The warranty period or the one-year period may be extended if the defect has been reported but not repaired by the end of these periods.)

The consumer must IN WRITING notify the manufacturer about the defect. The manufacturer will then recommend a reasonably accessible repair facility. After the car has been delivered to the repair facility, the manufacturer will have 10 working days to repair the vehicle. If, after a reasonable number of attempts, a car cannot be repaired to conform to the warranty AND the car's defects impair the use, market value, or safety of the car, the manufacturer (based on the consumer's preference) shall EITHER:

1. replace the car with a comparable motor vehicle acceptable to the consumer LESS a charge for the consumer's use of the car [20 cents per mile]; OR
2. take the car's title from the consumer and refund the full purchase price (including all reasonably related outside costs) LESS a charge for the consumer's use of the car [20 cents per mile].

** These remedies are not available if a car's defects result from the consumer's abuse, neglect, or unauthorized modification of the car. These remedies are also not available if the defects do not impair the use, market value, or safety of the car.

A reasonable number of attempts is considered to have been made, IF either:

• the same defect is not repaired after 3 or more attempts; or
• the vehicle has been out of service a total of 15 working days since the consumer received the car.

In cases where manufacturers have established an informal dispute settlement procedure, the consumer must first use this procedure before the vehicle replacement or refund remedies will be available.

Lawsuits based on this Act must be brought within one year of the warranty period's expiration OR within 18 months from the time the consumer received the vehicle OR within 90 days after the end of an informal dispute settlement procedure. If a consumer wins an action based on this Act, he may, as part of the judgment, be allowed to recover costs and expenses (including attorney's fees) related to the lawsuit. But if a consumer is found to bring a claim under this Act in bad faith or for harassment purposes, that consumer may be liable for all court costs resulting from the claim.

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