Mississippi Lemon Law Attorneys:
Alex Simanovsky & Associates, Llc
Free Lemon Law Help, Serving All Of Mississippi Toll Free: 866-86-lemon 866-865-3666
Standards Of The Mississippi Lemon Law
Vehicles Covered
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.
Vehicle Converters
Vehicle Problems Covered
The lemon law covers any default or condition that impairs the use, market value, or safety of the motor vehicle to the consumer. The default or condition is referred to as a nonconformity.
The lemon law provides manufacturers with an affirmative defense if it can be shown that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle by the consumer.
Manufacturer's Duty To Repair
If the consumer reports a nonconformity to the manufacturer or its agent within the term of the express warranty or within one year of the vehicle’s original delivery to the consumer, whichever is earlier, then the manufacturer or its agent must make the necessary repairs to conform the motor vehicle to the warranty. The necessary repairs must be made even after the expiration of the term of the express warranty or the one year period.
Manufacturer's Duty To Repurchase Or Replace A Vehicle
Reasonable Number Of Repair Attempts
The Mississippi lemon law creates a presumption that a manufacturer has had a reasonable 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.
Notice And Opportunity To Repair
Dispute Resolution
Time Period For Filing Claims
Remedies Under The Mississippi Lemon Law
Repurchase
The Mississippi lemon law provides that a manufacturer must pay the following amounts when it repurchases a vehicle under the lemon law:
- The full vehicle purchase price, meaning the price that the consumer paid to the manufacturer to purchase the motor vehicle. In the case of a retail installment transaction, the purchase price is the price stated in the retail installment contract for which the vehicle would have been bought had the sale had been for cash instead of an installment transaction, including any taxes, registration, certificate of title, license and other fees, and charges for accessories and their installation, delivery, servicing, repairing or improving the vehicle; and
- All reasonably incurred collateral charges, meaning those additional charges to a consumer that are not directly attributable to the manufacturer’s suggested retail price label for the motor vehicle. These include but are not limited to charges for dealer preparation, undercoating, transportation, and title; and towing and replacement car rental costs;
- Less a reasonable allowance for the consumer’s use of the vehicle.
Refunds are made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use is defined as 20 cents per mile multiplied by the number of miles driven by the consumer.
Replacement
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney.
There is no procedure in Mississippi for approving certifying or deisgnating organizations and authorities.
See Mississippi Rules of Professional Conduct Rule 7.4(a), Rule 7.6(a) (2002).