The Mississippi lemon law covers vehicles sold and operated in Mississippi used to transport persons or property.
The lemon law covers used vehicles, but not leased vehicles unless acquired through a lease-purchase. The lemon law further doesn’t cover off-road vehicles, motorcycles, or mopeds.
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Mississippi’s lemon law protects consumers purchasing vehicles used primarily for personal, family or household purposes. The lemon law further protects anyone to whom the vehicle is transferred within the warranty term, and anyone else entitled to enforce the warranty’s obligations.
The Mississippi lemon law covers what it calls “nonconformities.” The lemon law defines a nonconformity as any defect or condition that impairs the use, market value, or safety of the vehicle to the consumer. The lemon law does not cover nonconformities as a result of abuse, neglect, or unauthorized vehicle modifications.
Mississippi’s lemon law compels manufacturers to repair any nonconformity consumers report to them within the warranty period or within one year of the vehicle’s delivery to the consumer, whichever is earlier. The manufacturer must make the repairs even after the expiration of the warranty or the one year period.
The Mississippi lemon law requires manufacturers to repurchase or replace a nonconforming vehicle if they are unable to repair the defect. The consumer must first allow the manufacturer a reasonable number of attempts to repair the nonconformity.
The lemon law defines a “reasonable number of attempts” as three attempts to fix the same problem without success. After this, if the nonconformity remains, or if the vehicle is out of service for more than 15 working days, the manufacturer must repurchase or replace the vehicle.
Manufacturers repurchasing a nonconforming vehicle must repay the full vehicle purchase price. That includes any taxes, registration, title and licensing fees, and any charges for accessories installed by the manufacturer. They must also repay all reasonably incurred collateral charges, including towing and replacement car rental costs. The manufacturer may withhold a reasonable allowance for the consumer’s vehicle use.
The Mississippi lemon law requires a manufacturer replacing a nonconforming vehicle to provide a comparable vehicle acceptable to the consumer. The lemon law defines “comparable” as identical or a reasonably equivalent vehicle. The consumer must pay a reasonable allowance for use of a replacement vehicle.
Mississippi’s lemon law requires consumers to resort first to a manufacturer’s informal dispute settlement procedure, i.e. arbitration, before seeking repurchase or replacement.
For more information on arbitration and other frequently asked lemon law questions, click here.
Mississippi consumers with warrantied vehicle problems would be well served to contact a law firm for a consultation on what their next step should be, whether it be going through with arbitration or proceeding to trial. In court, consumers are guaranteed the ability to gather evidence under the state’s civil discovery rules, and to be represented by a qualified lawyer who can guide them through the often complex legal process.
By pursuing a claim under the Magnuson-Moss Warranty Act, Mississippi consumers can hire lemon law attorneys who will represent them without the vehicle owner having to pay any attorneys’ fees directly out of their pocket. This is because the federal Act provides that the vehicle manufacturer shall pay the claimants’ reasonable attorneys’ fees if the claimant prevails against the manufacturer.
LemonLawUSA.org is sponsored by Texas Lemon Law Attorney Allen Stewart P.C.