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Mississippi Lemon Law

Lemon vehicles in Mississippi can get squeezed by either the Mississippi Lemon Law, the Magnuson-Moss Warranty Act (the federal lemon law), or both. Lemon-aid may include a refund, replacement or diminished value and/or incidental and consequential damages. Attorneys’ fees are also available meaning qualified consumers may receive Mississippi lemon law attorney representation at no cost.

And even if your vehicle is too old or has too many miles to qualify under either of these lemon laws, the Truth In Lending Act and/or other related car buying laws may provide an avenue to recover cash damages that can help you trade out or pay for repairs.

Connect here for a free, no obligation Mississippi Lemon Law case review. In most instances to qualify under a lemon law your vehicle must only have an unreasonable repair history under the warranty, including (but not limited to) 3 repair attempts for the same problem, 6 repairs total on the vehicle, or 15 business days out of service by reason of repair.

Mississippi Lemon Law Links

Mississippi Lemon Law (Motor Vehicle Warranty Enforcement Act; Miss. Code. Ann. 63-17-151 to Miss. Code. Ann. 63-17-165)

Mississippi Lemon Law Statutes. Miss. Code. Ann. 63-17-151. Short title

Sections 63-17-151 et seq. shall be known and may be cited as the “Motor Vehicle Warranty Enforcement Act”.

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Mississippi Lemon Law Rights. Miss. Code. Ann. 63-17-153. Statement of purpose

The Legislature 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 63-17-151 et seq. shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

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Mississippi New Car Lemon Law. Miss. Code. Ann. 63-17-155. Definitions

As used in Sections 63-17-151 through 63-17-165, the following terms shall have the following meanings:

(a) “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. 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.
(b) “Comparable motor vehicle” means an identical or reasonably equivalent motor vehicle.
(c) “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.
(d) “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 Section 63-17-151 et seq., express warranties do not include implied warranties.
(e) “Manufacturer” means a manufacturer or distributor as defined in Section 63-17-55.
(f) “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, electric personal assistive mobility devices as defined in Section 63-3-103 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.
(g) “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.

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Mississippi Automobile Lemon Law. Miss. Code. Ann. 63-17-157. Reported nonconformities

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.

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Mississippi Vehicle Lemon Law. Miss. Code. Ann. 63-17-159. Manufacturer’s rights and duties; remedies

(1) 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 lienholder of record, if any, as their interests may appear.
(2) It shall be an affirmative defense to any claim under Sections 63-17-151 et seq. that:

(a) An alleged nonconformity does not impair the use, market value or safety of the motor vehicle;
(b) A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer;
(c) A claim by a consumer was not filed in good faith; or
(d) Any other affirmative defense allowed by law.

(3) 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:

(a) 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 exist; or
(b) 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.

(4) 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.
(5) 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.
(6) 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.
(7) 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 such action.

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Mississippi Used Car Lemon Law. Miss. Code. Ann. 63-17-161. Bad faith or frivolous 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 justiciable 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.

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Mississippi Lemon Law Statutes. Miss. Code. Ann. 63-17-163. 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.

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Mississippi Lemon Law Rights. Miss. Code. Ann. 63-17-165. Rights and remedies generally

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.

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  1. I bought a vehicle that came with a bit back lemon report the dealer told me it was a mix up and a easy fix. He was wrong. So I called the manufacturer to see if it was ever any known problems. That said no. So how do I get it off my Carfax.

  2. My wife and I purchased a new Jeep Cherokee in 2014. She purchased the additional bumper to bumper lifetime warranty. Since we have had the Jeep we have had to have the entire radio/navigation system replaced in the dash. We have also had to have a new transmission put in it and we are still having issues with the new transmission. The engine light in the dash continues to come on and the, service transmission light keeps coming on. I have had the gas pedal all the way to the floor and the jeep will be barely be moving. We have taken it back to the dealership several times and they hook it up to a computer and tell us there is nothing wrong. Need help please!

  3. I purchased a vehilce that was not physically at the dealership and signed a paper saying that if the vehicle wasn’t as advertised then I wouldn’t be held responsible for the vehicle or the dealership would address the issues when the vehicle was delivered it had a multitude of issues and the dealership is now acting like it’s not a big deal and like they aren’t responsible for the issues the vehicle has now, I even purchased an extended warrenty through the dealership and now they are acting like it is not a big deal for them to address anything at this time. I purchased the vehicle on Nov 16 and may have had the vehicle in my possession a week due to all the issues it currently has and they still have not fixed the issues.

  4. I purchased a new Lincoln MKC in April 2015. In April 2017 the check engine light came on. I took to dealership. They kept for a couple of hours. The next week light came on again. Returned to dealership they kept car for 2 weeks. Light came on again went back to dealership. Left car they kept for a week and one day. I paid $320.00 for some type sensor!Light came back on before I returned home. Took back to dealership left car another week. Light came on again before I even left parking lot. It’s been there since Thursday it’s Tuesday June6’th! What should or can I do? So frustrating. The dealership has been very nice as I have aswell. But I need help!

  5. Does anybody know if I purchase a vehicle and it is a lemon, I send it back to the dealership get a full refund MINUS taxes. Do I get a refund from the state for those taxes I paid since I bought it out of state or how does that work?

  6. I got a car from a guy who sold me a car that he said had a vacuum leak and nothing else.. The day we picked it up it left us stranded on the side of the road for hours with nothing and no help, we have replaced part after part and still hasn’t fixed the car at all.. Now is that considered a lemon? And with us signing papers with it as is is there anything we can do if it is considered a lemon

  7. I bought a 2016 Dodge Journey Crossroad Plus brand new on 5/19/16. I noticed the floorboard on the drivers side had water in it a couple times during/after a rainstorm later in the year (around fall/winter), but thought it may have blown in when I had the door open or came in on my feet. With it being a brand new car I thought nothing of it. Some more months go by, and it starts to get a little warmer out. In March of this year, I started to notice a musty smell and also noticed my windows fogging up on the inside, as well as the top of my dash condensating above my a/c vents. After a good rain I could actually see the wetness through the black carpet in my driver side floor. It was soaked. I also discovered water in my rear driver floor storage bin. I took it to the dealership, and after a few days, replacing the windshield in their loaner car at my own expense due to a rock chip, and a lot of aggravation later…they said they found sprayed insulation in the drain hole on the drivers side that was causing the water to back up into my car. So they cleared it out, supposedly dried out my carpet, and sent me on my way. All seemed well until a couple weeks later I noticed a bit of a dampness, but not much.. and also a trickle of water down the foot rest behind the E brake.. so I took it back.. they had it all day and said they couldn’t find a leak so it must not be leaking. I picked it back up, and it still felt slightly damp all the time in the spot where the water collected before, but not wet. So I just ignored it.. then it got really wet after about a few more weeks. I took it back.. they had it for a few days again.. couldn’t find a leak they said .. so he says it’s due to condensation from the technician not getting all the water out of my carpet before. I wanted that to be the solution, so I let them fully detail my car and accepted that. Well 2 weeks pass and a rain storm comes, and my whole floorboard is wet this time .. I called to set up yet another appointment to have it looked at yet again, and they couldn’t get me in for a week. So I set it up for what they had available. There was no rain during most of that week, so the floor had dried out significantly.. well the morning before I take it in it rains, and my floor is soaked again. I have no sunroof by the way. I live in MS. Am I covered under Lemon law if they can’t fix it after this time?

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