Mississippi Lemon Law: Do You Qualify?

Mississippi lemon law at a glance

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The term of the express warranties or one year after original delivery, whichever expires earlier. The Act sets no mileage limit of its own, but a warranty that ends at a mileage ends the period then.

Repair attempts

A reasonable number of attempts is presumed after 3 or more repairs of substantially the same nonconformity that still exists. There is no separate safety-defect count.

Days out of service

15 or more cumulative working days (counted here as business days) out of service for repair of the nonconformity by the manufacturer or its agent, excluding downtime for routine maintenance. The period may be extended when repair services are unavailable for reasons beyond the manufacturer's control.

Written notice

Before relying on the refund and replacement section (§ 63-17-159), the consumer or his representative must give the manufacturer written notice of the need for repair. The Act sets no time limit for it. After you deliver the vehicle to the repair facility the manufacturer designates, it has 10 working days to conform it.

Dispute program

If the manufacturer has established an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703, the refund and replacement provisions do not apply to a consumer who has not first resorted to it; if the manufacturer fails to notify you of it, that requirement does not apply. The Act names no state-run arbitration program.

Deadline to sue

Within one year after the express warranty terms expire, or 18 months after original delivery, whichever is earlier; or 90 days after the final action of an informal dispute panel if you used one.

Used vehicles and leases

The repair duty is written for a new motor vehicle. A person to whom the vehicle is transferred during an express warranty applicable to it is a consumer, and demonstrators and lease-purchase vehicles count if a manufacturer's warranty was issued as a condition of sale. The Act does not mention lessees; a consumer also includes "any other person entitled by the terms of such warranty to enforce the obligations of the warranty".

Mississippi lemon law: frequently asked questions

How many repair attempts does the Mississippi lemon law require?

The Act presumes a reasonable number of attempts after three or more repairs of substantially the same nonconformity that continues to exist, within the express warranty term or one year after delivery, whichever is earlier. Fifteen or more cumulative working days out of service for repair of the nonconformity also creates the presumption. It is a presumption: the statutory standard is "a reasonable number of attempts".

How long do I have to sue under the Mississippi lemon law?

An action must be commenced within one year after the express warranty terms expire, or within 18 months after original delivery, whichever is earlier. If you resort to an informal dispute settlement procedure, the period is 90 days after the panel's final action.

Do I have to notify the manufacturer in writing in Mississippi?

Yes, before availing yourself of the provisions of § 63-17-159: you or your representative must give the manufacturer written notification of the need for the repair, to allow it an opportunity to cure the alleged defect. The Act sets no time limit for the notice and does not say what follows if it is not given. The manufacturer shall list its zone or regional service office addresses in the owner's manual, and has 10 working days to conform the vehicle after you deliver it to the repair facility it designates.

Does the Mississippi lemon law cover used cars or leased vehicles?

The repair duty is stated for a new motor vehicle, and the Act has no separate used-vehicle or lease provision. A person to whom a vehicle is transferred during an express warranty applicable to it counts as a consumer, and lease-purchase vehicles and demonstrators are included if a manufacturer's warranty was issued as a condition of sale. The Act does not mention lessees. Motorcycles, mopeds, electric bicycles, off-road vehicles, golf carts and low-speed vehicles are excluded.

What can I recover if my car qualifies in Mississippi?

You may choose a comparable replacement vehicle or a refund of the full purchase price including reasonably incurred collateral charges, less 20 cents for each mile the vehicle has been driven by you. If you finally prevail, the court may allow you to recover costs and attorney's fees. The Act itself provides no multiplied damages; the rights and remedies of the Consumer Protection Act, Chapter 24, Title 75, are preserved by § 63-17-165.

Statutes cited on this page

• Miss. Code Ann. § 63-17-157 (Repair of nonconforming vehicle)
• Miss. Code Ann. § 63-17-155(c) (Definition of "consumer")
• Miss. Code Ann. § 63-17-155(f) (Definition of "motor vehicle")
• Miss. Code Ann. § 63-17-159(1) (replacement or refund of the full purchase price, less 20 cents per mile allowance)
• Miss. Code Ann. § 63-17-159(2) (Affirmative defenses)
• Miss. Code Ann. § 63-17-159(3) (Presumption of a reasonable number of attempts)
• Miss. Code Ann. § 63-17-159(5) (Written notice, final repair opportunity, informal dispute notice)
• Miss. Code Ann. § 63-17-159(6) (Deadline to bring an action)
• Miss. Code Ann. § 63-17-159(7) (Costs and attorney fees to a prevailing consumer)
• Miss. Code Ann. § 63-17-161 (Liability of consumer for bad faith claims)
• Miss. Code Ann. § 63-17-163 (Resort to informal dispute settlement procedure)
• Miss. Code Ann. § 63-17-165 (Remedies for violations)
• Miss. Code Ann. § 63-17-153 (Legislative findings; other rights and remedies preserved)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.