Mississippi Lemon Law Firms:
This is a list of law firms that are registered as specializing in Mississippi lemon law cases.

Mississippi Code Annotated, 63-17-151 to 63-17-165

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".

63-17-153 Legislative findings and declaration 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 63-17-153 et seq. shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

63-17-155 Definitions.

As used in Sections 63-17-151 et seq. 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. For the purposes of Sections 63-17-151 et seq. 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 Sections 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, 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.

63-17-157 Repair of nonconforming vehicle.

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.

63-17-159. Replacement of vehicle or refund of purchase price.

Where nonconformity cannot be corrected; affirmative defenses; presumption of reasonable attempts to conform vehicle to warranties; extension of warranties; notice requirements relating to repair of nonconformity; civil actions.

(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 lien holder 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.

63-17-161 Liability of consumer for bad faith 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 justifiable 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.

63-17-163 Necessity for resort to 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.

63-17-165 Remedies for violations.

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.

Put simply, the Lemon Laws stipulate that if you buy (and in most states, lease) a brand new or pre-owned car or other car covered by a manufacturer's warranty that repeatedly breaks down, and the original producer cannot rebuild it despite recurring efforts (within a fixed time that varies from state to state), or if the product is out of service for a limited time period (often 30 days) due to its shortcomings, you are eligible to a wide number of dismantles, inclusive of:

1. Monetary damages
2. A refund of the original money paid
3. A brand new vehicle
Furthermore, just about all the Lemon Laws (as well as the Federal Warranty Law) feature a fee transferring component which states that if you win your suit, the original producer or dealer that sold you the lemon is expected to compensate you for court invoices.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a unique Lemon Law statute. Even though the protections of each state's statute differ, the general state Lemon Law statute extends relief for consumers with a nonfunctional automobile purchased with a warranty if:

1. The car dealership or original producer just can not genuinely correct a particular gremlin in the car after a reasonable number of repair efforts (ordinarily at least three);
2. The vehicle cannot be used for at least 30 days due to flaws in the motor vehicle; or
3. The dealership or original producer just can't repair a deficiency that is a severe safety risk.

Typically, a bad automobile is a automobile with a defect or condition that often cripples its function, economic value, or safety to the consumer and doesn't conform to the written warranty. In most instances, the period of time during which the Lemon Laws are applicable are relatively short; the faults and subsequent repair attempts (or out-of-service period) generally will happen during the first two-years or 24,000 miles the owner has the car. However, a number of states have even shorter time periods. Additionally, most states have notification and activation requirements, such as expecting the consumer to send registered mail notice to the original maker of the troubles and presenting the dealer an option to correct the motor vehicle. In addition, numbers of states expect that Lemon Law cases be resolved through an arbitration program.

Generally, state Lemon Law regulation codes also apply to leased cars and preowned cars bought while under the producers factory warranty. A good number of state Lemon Laws also are applicable to cars other than passenger cars. based upon the consumer's state of residence, or the state where the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer items (such as computers)
There are a number of powerful remedies available under the Lemon Laws. U.S. statesently, if the original maker just can not fix the motor vehicle, the consumer may either demand the original maker to replace the motor vehicle, or insist the 'last to take the vehicle and return the original cost including accompanying costs, including all fees, towing charges, repair charges, associated travel costs and other costs incurred by the consumer as a result of the flaws in the vehicle. Another important relief available under most Lemon Laws is laywers' expenses. In almost all states, if you win in a Lemon Law lawsuit, you won't have to pay any laywers' fees-the motor vehicle manufacturer that sold you your lemon is expected to pay litigation fees.

The defendant car manufacturer can apply various defenses to a Lemon Law claim. The typical regulation extends that the maker is not guilty if it can verify that the shortcomings in dispute were caused by misdeed, neglect, or the modification or alteration of a motor vehicle by anybody other than the original maker, its agent, or an authorized repair facility. In different words, if the consumer abuses his or her own automobile, or the faults were a consequence of changing or adjustments executed by an unauthorized person, the original maker could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer commodities to provide customers comprehensive information about warranty coverage benefits. Additionally, it affects both the rights of public consumers and the responsibilities of warrantors under original warranties.

Although the Magnuson Moss Act doesn't require an automobile manufacturing business to supply consumers with a warranty, if a warranty is provided, the Magnuson Moss Act affords some protections for the consumer. The Magnuson Moss Act makes it more easy for customers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by allowing for purchasers to recover litigation costs and reasonable attorney's charges.

The Magnuson Moss Act is frequently effective in a lemon case in which, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For instance, divaricate from the rather short time offered to public consumers within most Lemon Laws, you may bring a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Moreover, although some Lemon Laws limit their coverage benefits to a very specific group of cars, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act may also apply if you purchased or leased a preowned car without a manufacturer's warranty, or if the car is covered by a third party agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all states. It is the prime agent of law regulating product warranties, including cars and other items. The UCC offers a legal course for customers with lemon problems.

UCC code stipulates that the consumer of a good is entitled to return products which break in any regard to the consumer agreement. In essence, if your brand new car does not function as bound by the original equipment manufacturer (your original warranty is a portion of your contract), you can have a claim citing the UCC in addition to whatever other claims you may have.

The time for rejecting a vehicle with the UCC is not limitless. If you notice a deficiency in your motor vehicle inside a sensible ownership time period, you may refuse the motor vehicle. Unfortunately, brand new cars are often technically enigmatic and you might not recognize if your car conforms to the contract till after you buy the car and troubles begin to arise. Basically, if After this ownership time you do not refuse the car, you will be deemed to have o.K.ed it and might have no claim through the UCC.

The duration of the inspection time period is not defined in the statute. Local courts determine how long the sensible review period is based on the buyer's knowledge and past experience, the buyer's difficulty in identifying the flaw, and the buyer's chance to identify the flaw.

In spite of this limit, the UCC says that in certain instances where a purchaser is stated to have approved of goods (i.e. the sensible review time has passed), a purchaser can still renounce his approval of those product where the non-conformity largely cripples the economic value of the product to him. Those examples include examples where it is toilsome to discover the nonconformity or the purchaser was ensured that the non-conformity would be repaired. In other words, the local court will relieve the purchaser from not rejecting the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively breaks and you have to keep taking it back to the dealership for repair under the written warranty, the vehicle lemon law may be your next refuge. The failing ought to be substantial where it intereferes with your driving the car or your safety. A car stalling constantly is a substantial failing. This is precisely the type of condition that can stymie your driving and your safety. Under the motor vehicle lemon law you are not required to indicate why the car is stalling, you just have to show that it is stalling. Essentially you need to check over the lemon law in these three situations: the car keeps failing within the warranty period, the car is a safety hazard, the car dealership is incapable to restore the car when it is warranted.

If you have a car which is a lemon you can directly write to the original maker and ask for another equivalent car. If this demand is not satisfactory to the original maker, you can move into an arbitration process. A few manufacturing business* incorporate their own arbitration program. Other manufacturing business* utilize third party arbitration program such as Autoline by the BBB. The opinion of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the opinion, the purchaser can take the original maker to court.

Virtually all regulations state that the customer ought to be returned back to the financial situation they were in before they purchased the car, less the amount that the customer benefited from by using the car. To get the compensation amount several factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned automobiles will qualify under basic lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than one year old and has fewer than 12,000 miles on the odometer. States that do have a used car lemon law will be extra generous with the age and measure of mileage. Still, the car has to be sold by a dealership that provides a warranty. Individual sales aren't regulated, neither are motor vehicles sold under a stated purchase price. There may be additional restrictions to a used car lemon law such as the functions in which the car is used or the classification of car. Vintage motor vehicles, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car laws. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing structure. Many lemon law lawyers call for a generally small retainer to cover a lemon law claim, and afterward, the lawyer's fees are sent to the manufacturer. Therefore, lemon law claims are normally very affordable to customers. The reimbursement of attorney bills differs from state to state. About half of the states allow for you to recoup your Attorney fees if you win. The lawyer's fee is based upon actual time used instead of being attached to any portion of the recuperation. In many States, you have to pay the manufacturer's attorney's charges if you lose.

Consumers ought to put their charges in writing and retain a copy. In every written correspondence, always outline how difficult it is to take the car to the car dealership for repairs and that the dependability that the owner believed He or she was buying has been non-existent. Any written correspondence with a dealership or manufacturer needs to be sent using certified postal service. In many claims the manufacturing business* claim that they haven't had the requisite number of endeavors to repair the condition. They depend on the reality that the owner does not have repair orders for each occurance they have driven the car into the dealership. They also rely on the possibility that the repair orders have different items fixed every time demonstrating that they have not repaired the same problem. Consumers ought to respond by expecting that authorized dealerships always present them a warranty repair sheet. Consumers must also debate that these undocumented visits are tries.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's booklet and warranty information thoroughly, and the info pertaining lemon law rights that you ought to get when you buy your automobile. Don't rely on your dealership to tell you which troubles are covered by warranty. If your dealership states that a problem isn't covered and you think that he is decieving you, be civil but self-assertive. Don't be scared to produce the part of the warranty that is relevant, or to call the original maker for verification using the contact info included with your owner's booklet. You shouldn't be obligated pay for corrections pertained to lemon law complaints. It's also essential to advise the original maker of a complaint promptly. If you are suspicious that your car has a defect what cannot be repaired, check into your lemon law rights to see when you are able to submit a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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