Mississippi Lemon Law

Mississippi's Motor Vehicle Warranty Enforcement Act (Miss. Code §§ 63-17-151 to 63-17-165) covers new motor vehicles purchased or leased in Mississippi for personal, family, household, or business use. The defect must substantially impair the use, market value, or safety of the vehicle, and you must report it to the manufacturer or dealer during the express warranty period or within 1 year of original delivery, whichever expires first. Demonstrators and dealer-leased vehicles are included. Excluded: vehicles whose defect resulted from accident, abuse, neglect, or unauthorized modification.

Mississippi has one of the lowest thresholds in the country. Under Miss. Code § 63-17-159, the manufacturer is presumed to have had a reasonable number of repair attempts if, within the warranty period or 1 year of delivery (whichever is earlier), the same nonconformity has been subject to repair 3 or more times and continues to exist, OR the vehicle has been out of service by reason of repair for a cumulative total of 15 or more working days. After the third unsuccessful attempt or 15 days out of service, you must send written notice to the manufacturer's zone or regional office, and the manufacturer then has 10 working days to fix the vehicle.

No — the Mississippi Motor Vehicle Warranty Enforcement Act applies only to new motor vehicles. Mississippi does not have a separate state used-car warranty statute. Used-car buyers in Mississippi must rely on the federal Magnuson-Moss Warranty Act (which protects any written warranty), any dealer or extended warranty contract, the implied warranty of merchantability under the Mississippi UCC (which is often disclaimed in 'as-is' sales), and common-law fraud or misrepresentation claims. A used vehicle may still benefit from the Lemon Law if it remains within the original manufacturer's express warranty and the defect was reported within the 1-year window.

Yes. The Motor Vehicle Warranty Enforcement Act defines 'consumer' broadly to include lessees and anyone entitled to enforce the manufacturer's warranty during its term. A lessee of a new vehicle gets the same 3-attempt / 15-day presumption, the same right to a replacement or refund, and the same right to recover attorney's fees as a purchaser. The refund is paid to the lessee and the lessor in proportion to their respective interests.

Mississippi has one of the shortest filing windows in the country. Under Miss. Code § 63-17-159, you must commence any civil action within 1 year following expiration of the express warranty terms, OR within 18 months of original delivery to the consumer, whichever is earlier. If you used a manufacturer's informal dispute settlement procedure, you have an extra 90 days after the panel's final action. Because the deadline can run before you realize you have a lemon, document repair visits and act quickly.

Yes, if the manufacturer has established an informal dispute settlement procedure that complies with FTC Rule 16 C.F.R. Part 703. Under Miss. Code § 63-17-163, the refund and replacement remedies of § 63-17-159 do not apply unless you have first used that program. The arbitration decision is not binding on you — if you reject it you have 90 days to sue. Most large manufacturers participate in BBB AUTO LINE or similar programs that meet the federal standard.

If the manufacturer cannot conform the vehicle to warranty after a reasonable number of attempts, you choose between (a) replacement with a comparable motor vehicle acceptable to you, or (b) refund of the full purchase price plus all reasonably incurred collateral charges (sales tax, license, registration, finance charges, towing), minus a reasonable allowance for your use of the vehicle. A consumer who prevails in court also recovers reasonable attorney's fees and costs. A repurchased vehicle must be disclosed to any future buyer.