Mississippi Lemon Law
The Mississippi lemon law helps consumers handle complaints regarding the purchase of vehicles with significant defects. The state’s car lemon law protects consumers and provides for the repair, replacement or refund of the cost of the car under certain conditions.
The law covers new vehicles, and some used vehicles, if the defect impairs the safe operation of the car, or if the vehicle has been out of service for more than 15 days because of repair attempts.
In the state, customers have one year from the date of ownership to make a claim. According to used car laws the manufacturer must make all repairs covered in the vehicle’s warranty.
If the manufacturer fails to make adequate repairs after a reasonable number of attempts, the consumer may follow the company’s mediation process. If mediation does not resolve the issue, the customer may file a lawsuit for civil action.
What is the Lemon Law in Mississippi?
The Mississippi Lemon Law protects consumers who purchase new vehicles with significant defects. The new car lemon law covers new cars for the duration of the warranty period, or one year from the date of purchase; whichever comes first.
Does the Mississippi Lemon Law apply to used cars?
Used vehicles may qualify under the used car lemon law up to one year from the date of purchase. In the state, manufacturers must repair, replace or offer a refund for vehicles with significant defects that impair the safe operation of a car.
When shopping for a car that is preowned, a good rule of thumb is to order a vehicle history report. That way, you can learn about any significant issues related to the vehicle prior to making an investment.
How does the Lemon Law work in Mississippi?
The MS car lemon law requires consumers to give the manufacturer the opportunity to repair the defects. Per federal lemon law guidelines, consumers must provide the manufacturer with written notice of the defect.
The manufacturer has 10 days to respond and refer the consumer to a repair facility. Once delivered to the repair facility, the manufacturer must make the necessary repairs within 10 days.
If the manufacturer fails to make the appropriate repairs, or if the repairs are not effective, the consumer must give one final opportunity to make the repairs.
You may do so by submitting a final written request, after which, the manufacturer must make the requested repairs within 10 days.
Under the new car lemon law in MS, consumers who are not satisfied after the final demand to repair may request either a refund or a replacement vehicle by following the company’s mediation process.
During mediation, a neutral third party will listen to the case presented by the consumer and the manufacturer. At the end of the proceedings, the mediator issues a decision in favor of the consumer or the manufacturer.
By lemon law definition and guidelines, the manufacturer is legally bound by the decision. The consumer, however, has the right to appeal the ruling. The customer may appeal the ruling by filing a lawsuit for civil action against the manufacturer.
Per the guidelines of the law, customers may only file a lawsuit after they have followed the manufacturer’s dispute process.
Types of Repairs Covered by the Mississippi Lemon Law
The MS lemon law buyback program requires manufacturers to repair all items listed in the vehicle’s warranty. According to the laws for used cars in Mississippi, they must honor the warranty for the first year of ownership.
Consumers should consult their warranty information or lease contract to determine the details of the repairs covered. The warranty does not cover defects discovered beyond the warranty period, and the consumer must pay all costs for any items not covered by the warranty.
While there is no 30 day lemon law for used cars, the manufacturer may extend the lemon law warranty period for issues reported before the end of the initial warranty period.
Items Refunded Under the Mississippi Lemon Law
In MS, lemon laws require dealers to offer a refund or a replacement vehicle. If the customer chooses a refund, per lemon law guidelines, the manufacturer must refund all reasonable costs incurred by the customer which includes the following:
- The purchase price of the car
- Options or modifications to the vehicle
- Taxes and fees
- Towing and rental car allowances
Under MS car lemon laws, the vehicle manufacturer has a right to withhold 20 cents per mile of actual usage.
Mississippi Lemon Law Lawyers
Although not required, a Mississippi lemon law attorney can be instrumental in negotiating a refund or replacement vehicle for customers.
Most manufacturers have an informal dispute resolution process, during which consumers may make their cases for why they should receive refunds. A lemon law attorney can represent the consumer during resolution meetings and help them navigate the dispute process.
A customer who does not resolve the problem during the dispute resolution process may hire a lawyer to file a civil lawsuit against the manufacturer. An attorney can complete the paperwork and file the suit on the consumer’s behalf.
The legal proceedings for state lemon law disputes can be a lengthy and confusing process. Hiring a qualified attorney can help make the process less stressful for the consumer.
How to Tell if Your New Car is a Lemon in Mississippi
The MS new car lemon law applies to defects that affect the safety of the vehicle after at least three repair attempts during the first year of ownership. Further, the law applies to cars that have been out of service more than 15 days due to the defect.
The rule does not apply to defects due to neglect, abuse or damage caused by not following manufacturers’ maintenance guidelines.