MS Lemon Law Statutes

Mississippi Lemon Law Qualifications

Any consumer who purchases a new motor vehicle in Mississippi is covered by the Lemon Law for a one year period from the date of purchase. If the vehicle is sold as a used vehicle, it may still be covered by the Lemon Law but for no longer than one year from the original date of purchase.

Vehicles Covered

The Mississippi lemon law covers motor vehicles that are sold in Mississippi, operated over Mississippi's public streets and highways, and used to transport persons or property. This includes demonstrator and lease - purchase vehicles if they were sold with a manufacturer's warranty.

The lemon law does not cover off - road vehicles, motorcycles, mopeds, or parts and components of a motor home that were added on and/or assembled by the manufacturer of the motor home.

Consumers Covered

The lemon law covers the following consumers:

  • The purchaser, other than for purposes of resale, of a motor vehicle primarily used for personal, family, or household purposes;
  • Any person to who the motor vehicle is transferred for the same purposes during the express warranty; and
  • Any other person entitled by the terms of the warranty to enforce its obligations.

Reasonable Number Of Repair Attempts

The Mississippi lemon law creates a presumption that a manufacturer has had a reason able number of repair attempts if, during the term of the express warranty or within one year of the motor vehicle's original delivery to a consumer, whichever is earlier, either of the following occurs:

  • Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its agent and such nonconformity continues to exist; or
  • 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 or more working days since delivery of the vehicle to the consumer.

The fifteen - day period is exclusive of downtime for routine maintenance as prescribed by the owner's manual, and may be extended by any period of time during which repair services are unavailable due to circumstances beyond the control of the manufacturer or its agent.

The terms of the express warranty, or the period of one year following original delivery of the vehicle to the consumer, may be extended if the consumer reports the vehicle nonconformity but the manufacturer or its agent is unable to repair it within the applicable time period.

Mississippi Arbitration Requirements

If the manufacturer has established an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, then the provisions requiring refund or replacement do not apply unless the consumer has first resorted to the informal dispute settlement procedure. However, this prior resort is not required if the manufacturer failed to notify the consumer of the availability of the informal dispute settlement procedure.

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