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.

Essentially, the Lemon Laws stipulate that if you purchase (and in various states, lease) a brand new or pre-owned car or other vehicle under warranty that does not work consistently, and the original equipment manufacturer can't rebuild it despite consecutive attempts (in a fixed time that varies from state to state), or if the item is in the shop for a stipulated time period (usually 30 days) because of its defects, you are eligible to a broad number of dismantles, inclusive of:

1. Money restitution
2. A repayment of the original price
3. A new vehicle
Additionally, virtually all the Lemon Laws (and the Federal Warranty Law) contain a fee transferring mechanism that states that if you win your lawsuit, the manufacturing business or car dealership which sold you your lemon is forced to repay legal expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has its own Lemon Law statute. Even though the wording of each state's statute differ, the common state Lemon Law statute extends cure for buyers with a dilapidated auto covered by a warranty if:

1. The dealer or manufacturing business just can't rightly fix a particular deficiency in the motor vehicle after a reasonable number of repair efforts (normally at least three);
2. The motor vehicle can't be used for at least 30 days due to faults in the car; or
3. The car dealership or manufacturing business just can't fix a fault that is a critical safety risk.

Usually, a defective car is a car with a condition or affliction that substantially impairs its usability, economic value, or safety to the consumer and does not maintain the standard of the written warranty. Often times, the time period in which the Lemon Laws are applicable are relatively short; the shortcomings and resultant repair attempts (or out-of-service time) generally must take place during the first two-years or 24,000 miles that you own the automobile. However, a number of states have even shorter time periods. In addition, most states have notification and initiation requirements, such as wanting the consumer to send registered post notice to the original producer of the shortcomings and giving the dealership a chance to correct the automobile. Also, numerous states require that Lemon Law lawsuits be adjudicated through an arbitration system.

Generally, state Lemon Law regulation codes also are applicable to leased cars and preowned cars bought while under the manufacturer's original warranty. A number of state Lemon Laws also are applicable to cars other than passenger cars. depending upon the customer's home state, or the state where the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer goods (such as televisions)
There are many robust resolutions possible under the Lemon Laws. US States most instances, if the original producer just can not correct the motor vehicle, the consumer can either expect the original producer to replace the motor vehicle, or obligate the original producer to take back the motor vehicle and return the price paid together with accompanying costs, like all charges, towing costs, repair charges, related travel costs and other damages incurred by the consumer as a consequence of the faults in the motor vehicle. Another important solution available under most Lemon Laws is laywers' fees. In virtually all states, if you prevail in a Lemon Law case, you will not have to pay any legal fees-the motor vehicle original producer that sold you your lemon is expected to pay court bills.

The defendant automobile original maker can apply several defenses to a Lemon Law claim. The conventional regulation affords that the manufacturer is not liable if it can establish that the defects in dispute came about because of exploitation, negligence, or the modification or alteration of a motor vehicle by persons other than the maker, an agent, or an authorized dealer. In different words, if the consumer maltreats his or her own car, or the faults were the fault of tampering or adjustments executed by an unauthorized dealer, the maker may not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Approved by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer commodities to give customers explanatory facts about warranty coverage. Also, it regulates both the rights of public consumers and the obligations of warrantors under original warranties.

Although the Magnuson Moss Act doesn't require an automobile manufacturer to furnish customers with a warranty, if a warranty is supplied, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for violating the warranty by making breach of warranty an infraction of federal law, and by allowing customers to recuperate litigation costs and fair attorneys' expenses.

The Magnuson Moss Act is frequently relevant in a lemon suit where, for some reason, a state Lemon Law claim is not applicable or moreover unsuited. For example, unlike the rather short period offered to public consumers within many Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired as long as the problems happened during the warranty time period. In addition, although many Lemon Laws limit their coverage benefits to a small offering of cars, the Magnuson Moss Act is relevant to virtually all consumer goods. The Magnuson Moss Act could also apply if you bought or leased a expended motor vehicle without a manufacturer's warranty, or if the motor vehicle is covered by a service agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in every state. It is the prime foundation of law governing consumer warranties, including vehicles and other items. The UCC affords an alternative legal avenue for public consumers with lemon problems.

UCC code says that the purchaser of a good is entitled to return product which do not perform in any sense to the agreement. Thus, if your recently purchased motor vehicle does not function as bound by the maker (your original warranty is a portion of your contract), you may have a claim citing the UCC in addition to any other claims you might have.

The time for returning a vehicle with the UCC is not unlimited. If you find a flaw in your vehicle inside a fair posession time period, you can refuse the car. Unfortunately, new automobiles are oftentimes mechanically enigmatic and you may not know whether your motor vehicle conforms to the warranty till long after you buy the motor vehicle and troubles begin to arise. So, if After this posession time period you do not take back the motor vehicle, you will be deemed to have accepted it and will have no claim through the UCC.

The length of the inspection period is not specified in the regulation. The Courts decide how long the fair review period is based on the consumer's knowledge and past experience, the consumer's difficulty in seeing the fault, and the consumer's opportunity to expose the gremlin.

In spite of this limitation, the UCC says that in certain instances where a buyer is pronounced to have accepted products (i.e. the fair review time has passed), a buyer can still repeal his approval of those products where the non-conformity substantially cripples the marketability of the products to him. Those examples include circumstances where it was burdensome to expose the nonconformity or the buyer was promised that the non-conformity would be repaired. Re-stated, the court will relieve the buyer from not refusing the products where the buyer could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively fails and you have to keep bringing it back to the dealer for repair under the warranty, the motor vehicle lemon law can be your next course. The defect ought to be significant where it prohibits your driving the car or your safety. A car stalling perpetually is a significant defect. This is precisely the type of condition that may hamper your driving and your safety. Under the auto lemon law you are not obliged to establish why the automobile is stalling, you only have to demonstrate that it is stalling. Thus you need to check over the lemon law in these three cases: the automobile keeps failing inside the warranty period, the automobile is a safety risk, the dealer is not able to correct the automobile when it is warranted.

If you own a product which is a lemon you can immediately write to the maker and ask for another equivalent product. If this requirement is not acceptable to the maker, you can start into an arbitration arrangement. A few manufacturers use their own arbitration program. Other manufacturers have external arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the maker but not on the owner. If unsatisfied with the opinion, the owner can take the maker to court.

Virtually all laws stipulate that the purchaser must be restored back to the financial situation they were in prior to purchasing the vehicle, less the measure that the purchaser profited from by using the vehicle. To get the payback total several elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new used cars will qualify under basic lemon laws. For example, a pre-owned automobile may fall under normal lemon laws if it is less than one year old and has less than 12,000 miles on the odometer. States that do have a used car lemon law may be more accommodative with the age and measure of mileage. Still, the car must be sold by a dealer that extends a written warranty. Private party sales aren't governed, nor are cars sold under a declared price paid. There might be additional restrictions to a used car lemon law such as the purposes in which the vehicle is utilized or the categorization of vehicle. Vintage cars, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period than brand new car laws. They often range from 30 to 90 days, depending on your pre-owned vehicle's mileage.
When picking out a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing system. Many lemon law attorneys take a generally humble retainer to cover a lemon law claim, and subsequently, the attorney's fees are sent to the maker. Therefore, lemon law claims are typically very affordable to customers. The reimbursement of attorney invoices varies from state to state. About one-half of the states permit you to recover your Attorney invoices if you win. The lawyer's fee is based on actual time expended instead of being linked to any share of the recovery. In many States, you will pay the manufacturing business* lawyer's charges if you lose.

Consumers ought to put their concerns in writing and save a copy. In all written communication, always make clear how difficult it is to take the auto to the car dealership for corrections and that the reliableness that the owner believed She was buying has been non-existent. Any written communication with a car dealership or maker ought to be sent using certified mail service. In virtually all claims the manufacturers claim that they have not had the requisite number of tries to fix the defect. They bet on the reality that the owner doesn't have repair receipts for each instance they have taken the auto into the repair facility. They also depend on the possibility that the repair receipts have seperate parts repaired every occurance evidencing that they haven't fixed the same condition. Consumers should respond by requiring that dealerships always hand them a warranty repair sheet. Consumers ought to also contend that these undocumented visits are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately scan your owner's booklet and warranty information entirely, along with the data concerning lemon law rights that you should receive when you purchase your motor vehicle. Don't count on your dealership to explain which defects are covered by warranty. If your dealership states that a condition isn't covered and you think that she is being deceptive, be civilized but self-assertive. Don't be afraid to produce the segment of the warranty that applies, or to call the original producer for confirmation using the contact references included inside your owner's booklet. You should not be obliged pay for repairs pertained to lemon law complaints. It's also important to give notice the original producer of a complaint promptly. If you believe that your car has a problem which can't 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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