Mississippi Lemon Law Guide: Your Rights Under Mississippi Lemon Law

What Is the Mississippi Lemon Law?

The Mississippi Lemon Law, officially known as the Motor Vehicle Warranty Enforcement Act (Miss. Code Ann. § 63-17-151 et seq.), is a consumer protection statute designed to provide relief to buyers and lessees of defective vehicles. When a consumer purchases a vehicle that fails to conform to the manufacturer's express warranty, and the manufacturer or its authorized dealers cannot repair the defect after a reasonable number of attempts, the law requires the manufacturer to replace the vehicle or refund the purchase price. This legislation acknowledges that a motor vehicle is a major consumer purchase and that a defective vehicle creates a significant hardship. The Mississippi Attorney General's Consumer Protection Division oversees broader consumer rights in the state, though lemon law claims are typically pursued directly against the manufacturer or through arbitration.

Which Vehicles Qualify Under the Motor Vehicle Warranty Enforcement Act?

The Mississippi Lemon Law covers motor vehicles sold in the state, operated over public streets and highways, and used primarily for personal, family, or household purposes.

New vs. Used and Leased Vehicles

The statute explicitly covers new vehicles, including demonstrators or lease-purchase vehicles, provided a manufacturer's warranty was issued as a condition of sale. Used vehicles may be covered if they are still under the original manufacturer's express warranty and the first report of the defect occurs within the statutory period. Leased vehicles are generally covered if they are acquired through a lease-purchase agreement.

Time and Mileage Limitations

To qualify for protection, the consumer must report the nonconformity to the manufacturer or its agent during the term of the express warranty or within one year following the date of original delivery of the motor vehicle to the consumer, whichever period expires earlier.

Vehicle Types Covered

The law covers passenger vehicles and the chassis of motor homes. However, it specifically excludes vehicles run only upon tracks, off-road vehicles, motorcycles, mopeds, electric personal assistive mobility devices, and parts or components of a motor home that were added on or assembled by the motor home manufacturer.

What Qualifies as a "Lemon" in Mississippi?

A vehicle is presumed to be a lemon if it has a nonconformity that impairs its use, market value, or safety, and the manufacturer cannot repair it after a reasonable number of attempts.

The "Presumption" Threshold

Under Miss. Code Ann. § 63-17-159, it is presumed that a reasonable number of repair attempts have been undertaken if, within the express warranty term or one year from original delivery (whichever is earlier), either of the following occurs:

1. Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its agent, and the nonconformity continues to exist.
2. The vehicle is out of service by reason of repair for a cumulative total of 15 or more working days.

Substantial Impairment Standard

The defect or condition must substantially impair the use, market value, or safety of the motor vehicle to the consumer. Minor annoyances, cosmetic flaws, or issues resulting from abuse, neglect, or unauthorized modifications by the consumer do not qualify.

The Mississippi Lemon Law Claims Process

Navigating a lemon law claim requires strict adherence to statutory procedures and timelines.

Manufacturer Notification and Repair Attempts

Before availing themselves of the law's remedies, the consumer must give written notification to the manufacturer of the need for repair, allowing the manufacturer a final opportunity to cure the defect. The manufacturer must immediately notify the consumer of a reasonably accessible repair facility. After the vehicle is delivered to this facility, the manufacturer has 10 working days to conform the vehicle to the express warranty.

Arbitration Requirements

If the manufacturer has established an informal dispute settlement procedure (arbitration program) that complies with federal regulations, the consumer must first resort to this procedure before filing a lawsuit. The manufacturer must inform the consumer of this requirement upon notification that the vehicle has not been repaired.

Timeline Expectations

Any legal action under the Mississippi Lemon Law must be commenced within one year following the expiration of the express warranty, or within 18 months following the date of original delivery to the consumer, whichever is earlier. If the consumer uses an informal dispute settlement procedure, they have 90 days following the panel's final action to file a lawsuit.

Remedies and Compensation Under Mississippi Law

If a vehicle is determined to be a lemon, the manufacturer must offer the consumer a choice between a replacement or a refund.

Vehicle Replacement

The manufacturer may replace the defective motor vehicle with a comparable motor vehicle acceptable to the consumer. A comparable vehicle is typically an identical or reasonably equivalent model.

Repurchase and Refund

Alternatively, the manufacturer must take title of the vehicle and refund the full purchase price. This refund includes all reasonably incurred collateral charges (such as dealer preparation, undercoating, transportation, towing, rental car costs, and title charges).

Mileage Deduction Formula

When providing a refund or replacement, the manufacturer is entitled to deduct a reasonable allowance for the consumer's use of the vehicle. In Mississippi, this allowance is calculated by multiplying the number of miles the vehicle was driven by the consumer by 20 cents ($0.20) per mile.

Attorney's Fees and Costs

If a consumer prevails in a lawsuit under the Motor Vehicle Warranty Enforcement Act, the court may award a sum equal to the aggregate amount of costs and expenses, including reasonable attorney's fees based on actual time expended.

When to Hire a Mississippi Lemon Law Attorney

While consumers can pursue claims independently or through arbitration, hiring a qualified lemon law attorney is often highly beneficial.

Complexity of Claims and Manufacturer Resistance

Automakers have extensive legal teams dedicated to minimizing payouts and defending against lemon law claims. They may argue that the defect does not substantially impair the vehicle, that the consumer caused the issue, or that the repair attempts were insufficient. An experienced attorney understands how to counter these defenses, gather necessary evidence, and negotiate effectively.

Fee Structure

Because the Mississippi Lemon Law includes a fee-shifting provision, most lemon law attorneys work on a contingency basis. This means the consumer pays no upfront fees, and the attorney's fees are paid by the manufacturer if the case is successful.

Frequently Asked Questions About Mississippi Lemon Law

Does the Mississippi Lemon Law cover used cars?

The Mississippi Lemon Law primarily covers new vehicles. However, a used vehicle may be covered if it is still under the manufacturer's original express warranty and the first report of the defect occurs within one year of the original delivery to the first consumer.

How many repair attempts are required in Mississippi?

The law presumes a vehicle is a lemon if the same defect has been subject to repair three or more times, or if the vehicle has been out of service for a cumulative total of 15 or more working days within the first year or warranty period.

What is the mileage offset in Mississippi?

When a manufacturer repurchases or replaces a lemon, they can deduct a reasonable allowance for use. In Mississippi, this is calculated at 20 cents ($0.20) per mile driven by the consumer before the vehicle is returned.

Do I have to go through arbitration?

If the manufacturer has a certified informal dispute settlement procedure, you must participate in it before filing a lawsuit under the state lemon law. However, you are not bound by the arbitrator's decision if you are unsatisfied with the outcome.

What if my car doesn't qualify under the state lemon law?

If your vehicle falls outside the state's specific time or mileage limits, you may still have rights under the federal Magnuson-Moss Warranty Act, which often provides broader protections and longer statutes of limitations for breach of warranty claims.