Mississippi Lemon Law Refund Calculator

How the Mississippi buyback is calculated

Under the Motor Vehicle Warranty Enforcement Act.

• If the manufacturer or its agent cannot conform your vehicle to the express warranty after a reasonable number of attempts, you get the option of a comparable replacement vehicle acceptable to you, or a refund of the full purchase price (Miss. Code Ann. § 63-17-159(1)).
• The refund includes all reasonably incurred collateral charges, which "shall include, but not be limited to" dealer preparation, undercoating, transportation, towing, replacement car rental and title charges (§ 63-17-155(a)). The Act names no tax or finance charge as such. In a financed sale the purchase price is the "cash sale price", which "may include any taxes, registration, certificate of title, if any, license and other fees" (§ 63-17-155(g); § 63-19-3(h)); the finance charge is added to the cash sale price, not part of it (§ 63-19-3(j)). The calculator counts the tax and fees you enter and leaves finance charges out.
• The manufacturer subtracts "a reasonable allowance for the consumer’s use of the vehicle": the number of miles the vehicle "has been driven by the consumer" multiplied by 20 cents per mile. The subtraction applies whether you take a replacement or a refund. The calculator uses your current odometer less the odometer when you got the vehicle; the Act does not say at what point the miles are counted.
• For example, on a $35,000 purchase price with 10,000 miles driven, the allowance is $2,000 (10,000 x $0.20), before collateral charges are added. Refunds are made to you and the lienholder of record, if any, as your interests may appear.
• The Act itself provides no penalty or multiplied damages; § 63-17-165 makes a violation "subject to the rights and remedies as provided for by Chapter 24, Title 75". If you finally prevail, the court may allow you to recover costs and expenses, including attorney's fees based on actual time expended (§ 63-17-159(7)). The Act names no lease refund, so a lease estimate is an approximation.

Mississippi lemon law: frequently asked questions

How much can I recover under the Mississippi lemon law?

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. Refunds are made to you and the lienholder of record, if any, as your interests appear. Run your numbers through our calculator for an estimate.

How is the mileage deduction calculated in Mississippi?

The statute sets a reasonable allowance for use at the number of miles the vehicle has been driven by the consumer multiplied by 20 cents per mile. It is subtracted whether you take a replacement or a refund. For 10,000 miles, that is $2,000.

Does the Mississippi lemon law give me multiplied damages?

No. The Motor Vehicle Warranty Enforcement Act itself provides no penalty or multiplied damages. It says a violation "shall be subject to the rights and remedies as provided for by Chapter 24, Title 75" (§ 63-17-165), the Consumer Protection Act, where an individual's action is for an ascertainable loss from a practice prohibited by § 75-24-5 and starts with a reasonable attempt to resolve the claim through an informal dispute settlement program approved by the Attorney General (§ 75-24-15). Civil penalties under that chapter are payable to the state, not to the consumer.

Who pays the attorney in a Mississippi lemon law case?

If you finally prevail, "the court may allow" you to recover as part of the judgment the costs and expenses, including attorney's fees based on actual time expended, that it finds reasonably incurred. If a court finds your claim was filed in bad faith, solely for the purpose of harassment, or in complete absence of a justiciable issue, you are liable for the manufacturer's court costs (§ 63-17-161).

How long do I have to file in Mississippi?

An action must be commenced within one year after the express warranty terms expire, or within 18 months after original delivery, whichever is earlier, or, if you resort to the manufacturer's informal dispute settlement procedure, within 90 days after the panel's final action. The deadline runs from the warranty end or delivery, not from the last repair, so check your dates early.