Lemon Law - Mississippi
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
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.
