Mississippi Lemon Law Firms and the Mississippi lemon law code.

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 purchase (and in several states, lease) a brand new or pre-owned vehicle or other car under warranty that is found to be damaged after repeated repair attempts, and the original equipment manufacturer cannot repair it despite repeated tries (within a defined time limit that varies from state to state), or if the product is not usable for a set period of time (often 30 days) because of its troubles, you are eligible to a wide range of maltreats, inclusive of:

1. Monetary damage settlements
2. A refund of the cost
3. A new automobile
Moreover, just about all the Lemon Laws (as well as the Federal Warranty Law) have a fee shifting mechanism that states that if you win your lawsuit, the manufacturer or dealership that sold you your lemon is required to pay your court bills.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the verbiage of each state's statute are different, the standard state Lemon Law statute provides cure for owners with a broken-down auto sold with a warranty if:

1. The dealership or original maker just can not accurately correct a particular defect in the vehicle after a sensible number of repair efforts (generally at least 3);
2. The vehicle can't be used for at least 30 days due to troubles in the car; or
3. The dealership or original maker just can not fix a problem that is a endangering safety risk.

Most of the time, a defective automobile is a automobile with a problem or trouble that frequently degrades its usability, value, or safety to the consumer and doesn't comply with the written warranty. Frequently, the period during which the Lemon Laws are applicable are rather short; the troubles and resulting repair efforts (or out-of-service time) usually will happen during the first two-years or 24,000 miles the owner has the automobile. However, a number of states have even shorter time periods. Also, virtually all states have notification and initiation requirements, such as asking the consumer to send registered mail notice to the manufacturer of the defects and affording the dealer an option to fix the car. Furthermore, numbers of states necessitate that Lemon Law cases be settled through an arbitration program.

Generally, state Lemon Law regulations also are applicable to leased automobiles and used automobiles purchased whilst under the manufacturing business* basic warranty. A good number of state Lemon Laws also apply to vehicles other than passenger cars. depending upon the consumer's state of residence, or the state in which the consumer bought the vehicle, Lemon Laws may apply to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like electronics)
There are a number of powerful resolutions available under the Lemon Laws. In most instances, if the manufacturer can't fix the vehicle, the consumer may either call for the manufacturer to replace the motor vehicle, or make the manufacturer to reposess the motor vehicle and payback the original cost along with incidental costs, like all charges, towing charges, repair costs, related transportation charges and other charges incurred by the consumer as a consequence of the defects 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 suit, you do not have to pay any laywers' fees-the motor vehicle manufacturing business that sold you your lemon is required to pay for your litigation charges.

The defendant car manufacturer can assert several defenses to a Lemon Law claim. The conventional regulation provides that the original maker is not responsible if it can demonstrate that the shortcomings in dispute happened due to misdeed, disregard, or the alteration or modification of a car by anyone other than the manufacturing business, its agent, or an authorized repair facility. Put differently, if the consumer abuses his or her own motor vehicle, or the faults were a consequence of changing or alterations conducted by a third party, the manufacturing business may not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and dealers of consumer items to provide consumers with explanatory facts about warranty coverage benefits. Additionally, it infects both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act does not demand an motor vehicle original equipment manufacturer to supply purchasers with a warranty, if a warranty is furnished, the Magnuson Moss Act affords a number of protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breach of warranty by making breach of warranty an infraction of federal law, and by permitting consumers to recuperate litigation costs and sensible attorneys' charges.

The Magnuson Moss Act is frequently beneficial in a lemon lawsuit in which, for some reason, a state Lemon Law claim is not possible or otherwise unfit. For example, contrary to the generally short period of time provided to consumers within almost all Lemon Laws, you can bring a claim for breach of warranty after the warranty period has expired if the defects happened during the warranty time period. Moreover, although a few Lemon Laws limit their coverage to a small number of motor vehicles, the Magnuson Moss Act applies to nearly all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a expended automobile without a manufacturing business warranty, or if the automobile is covered by a service agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in all 50 U.S. States. It is the principal basis of law governing contracts dealing with the sale of products, including automobiles and other items. The UCC affords a legal avenue for consumers with lemon problems.

UCC code stipulates that the consumer of a product is entitled to return merchandise which break in any feature to the consumer warranty. Therefore, if your new product does not work as established by the original equipment manufacturer (your manufacturer warranty is part of your agreement), you may file a claim citing the UCC in addition to whatever additional claims you may have.

The time for returning a vehicle with the UCC is not limitless. If you detect a fault in your vehicle within a fair ownership time period, you can return the automobile. Unfortunately, new vehicles can be typically mechanically complex and you may not notice if your automobile conforms to the consumer agreement until long after you acquire the automobile and problems begin to come up. So, if Long after this ownership time you fail to return the automobile, you will be pronounced to have okayed it and will have no claim through the UCC.

The length of the inspection period is not outlined in the statute. State courts decide how long the fair review period is based on the purchaser's proficiency and past experience, the purchaser's difficulty in seeing the defect, and the purchaser's chance to come upon the gremlin.

In spite of this limit, the UCC stipulates that in certain examples where a purchaser is pronounced to have accepted products (i.e. the fair review period has passed), a purchaser can still repeal his favorable reception of those goods where the non-conformity often cripples the value of the goods to him. Those examples include examples where it proves challenging to detect the nonconformity or the purchaser was guaranteed that the non-conformity would be fixed. In other words, the local court will exempt the purchaser from not rejecting the goods where the purchaser could not have fairly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively breaks and you have to keep bringing it back to the car dealership for repair under the warranty, the vehicle lemon law can be your next course. The gremlin should be substantial where it impedes your driving the automobile or your safety. A automobile stalling for no reason would be a substantial gremlin. This is precisely the type of defect that can diminiah your driving and your safety. Under the automobile lemon law you are not expected to establish 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 instances: the car keeps breaking within the warranty time period, the car is a safety risk, the car dealership is unable to correct the car when it is warranted.

If you have a vehicle which is a lemon you can immediately write to the manufacturing business and ask for a replacement vehicle. If this request is not satisfactory to the manufacturing business, you could move into an arbitration program. A few manufacturers have their own arbitration program. Other manufacturers have external arbitration program including Autoline by the Better Business Bureau. The proposal of the arbitrators is binding on the manufacturing business but not on the purchaser. If unsatisfied with the recommendation, the purchaser can take the manufacturing business to court.

Virtually all ordinances state that the owner ought to be returned back to the fiscal position they were in before they purchased the car, less the sum that the owner gained from by using the car. To get the restitution sum a number of 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 automobiles will qualify under basic lemon laws. For example, a pre-owned car may fall under normal lemon laws if it is less than 1 year old and has fewer than 12,000 miles on the odometer. States which do have a used car lemon law will be extra cooperative with the age and amount of mileage. Still, the car must be sold by a dealer that extends a warranty. Private sales aren't included, nor are motor vehicles sold under a certain purchase price. There may be other restrictions to a used car lemon law such as the purposes in which the car is driven or the categorization of car. Vintage motor vehicles, are ordinarily excluded from used car lemon laws. Used car lemon laws usually cover a much shorter period than brand new car laws. They usually range from 30 to 90 days, depending on your used automobile's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the regulations that apply to your state. Also enquire about the fee program. Many lemon law attorneys demand a relatively minor retainer to address a lemon law claim, and thereafter, the lawyer's fees are sent to the manufacturer. Essentially, lemon law claims are ordinarily very affordable to consumers. The reimbursement of attorney expenses varies from state to state. About one-half of the states permit you to recuperate your Attorney charges if you win. The attorney's fee is based on actual time logged instead of being bound to any percentage of the recuperation. In some States, you have to pay the manufacturing business* attorney's charges if you lose.

Consumers ought to put their concerns in writing and save a copy. In every written communication, always outline how burdensome it is to return the car to the dealership for corrections and that the dependability that the consumer thought He was getting has been non-existent. Any written communication with a dealership or manufacturer should be sent using certified post. In virtually all instances the manufacturers claim that they haven't had the essential number of efforts to repair the condition. They bet on the reality that the consumer doesn't retain repair sheets for each occurance they have taken the automobile into the authorized repair facility. They also depend on the possibility that the repair sheets have seperate things fixed each time demonstrating that they have not repaired the same defect. Consumers should respond by asking that authorized dealerships always present them a warranty repair ticket. Consumers should also debate that these unwritten visits are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately review your owner's binder and warranty info thoroughly, and the reference pertaining lemon law rights that you ought to obtain when you choose your car. Don't count on your dealership to show you what defects are covered by warranty. If your dealership states that a defect isn't covered and you think that he is decieving you, be polite but self-assertive. Don't be scared to point out the section of the warranty that is relevant, or to call the original maker for verification utilizing the contact info included inside your owner's binder. You should not be obliged pay for repairs connected to lemon law complaints. It's also essential to notify the original maker of a complaint right away. If you suspect that your motor vehicle has a problem which just can't be remedied, check 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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