Mississippi’s Lemon Law: What Buyers Need to Know About Defective Vehicles
Buying a vehicle is one of the largest purchases most people make. When that vehicle spends more time in the repair shop than on the road, Mississippi law may provide a remedy.
Mississippi’s “lemon law” is formally known as the Motor Vehicle Warranty Enforcement Act, found at Mississippi Code Annotated §§ 63-17-151 through 63-17-165. The law is designed to protect consumers when a vehicle cannot be brought into conformity with the manufacturer’s express warranty after a reasonable number of repair attempts.
What Is a “Lemon” Under Mississippi Law?
A vehicle may qualify as a lemon when it has a defect, condition, or nonconformity that substantially impairs its use, market value, or safety, and the manufacturer or its authorized dealer cannot repair the problem after a reasonable number of attempts.
Not every inconvenience or minor defect qualifies. The problem must be significant enough to affect the vehicle’s use, value, or safety.
Common examples may include:
Repeated engine or transmission problems;
Electrical defects that continue after repair attempts;
Brake, steering, or safety-system issues;
Water leaks or structural issues that substantially affect value or use;
Repeated “check engine” issues that cannot be corrected.
Each case depends on the facts, the warranty, the repair history, and whether the defect continues to exist.
What Vehicles Are Covered?
Mississippi’s lemon law applies to a “motor vehicle” sold in Mississippi, operated on Mississippi public streets and highways, and used to transport persons or property.
The statute excludes certain vehicles, including:
Off-road vehicles;
Motorcycles;
Mopeds;
Electric bicycles;
Golf carts and low-speed vehicles;
Vehicles that run only on tracks;
Certain motor-home parts or components added or assembled by the motor-home manufacturer.
The law also includes demonstrator vehicles and lease-purchase vehicles if a manufacturer’s warranty was issued as a condition of sale.
Timing Matters
Under Mississippi law, the consumer must report the nonconformity to the manufacturer or its agent during the term of the express warranty or within one year after the original delivery of the vehicle, whichever period expires first.
This timing requirement is critical. Waiting too long can affect a consumer’s rights, even if the vehicle continues having problems.
How Many Repair Attempts Are Required?
Mississippi law creates a presumption that a reasonable number of repair attempts has occurred if, during the applicable warranty period or within one year after original delivery, whichever expires first:
Substantially the same nonconformity has been repaired three or more times by the manufacturer or its agent, and the problem still exists; or
The vehicle has been out of service for repair of the nonconformity for a cumulative total of fifteen or more working days, excluding downtime for routine maintenance.
This does not mean every case must fit perfectly into those categories, but those are the statutory benchmarks that create a presumption in the consumer’s favor.
Written Notice to the Manufacturer Is Required
Before using the refund or replacement provisions of Mississippi’s lemon law, the consumer or the consumer’s representative must give the manufacturer written notice of the need to repair the nonconformity.
After notice, the manufacturer must identify a reasonably accessible repair facility. Once the consumer delivers the vehicle to that facility, the manufacturer has ten working days to bring the vehicle into conformity with the express warranty.
This written-notice requirement is one of the most important procedural steps in a lemon-law claim. Consumers should not rely only on phone calls or casual conversations with the dealership.
What Remedies Are Available?
If the manufacturer or its agent cannot conform the vehicle to the express warranty after a reasonable number of attempts, Mississippi law requires the manufacturer to give the consumer the option of either:
A comparable replacement vehicle acceptable to the consumer; or
A refund of the full purchase price, including reasonably incurred collateral charges, less a reasonable allowance for use.
Collateral charges may include items such as dealer preparation charges, transportation charges, towing charges, replacement car rental costs, and title charges.
Mississippi law calculates the reasonable allowance for use by multiplying the number of miles driven by the consumer by twenty cents per mile.
If there is a lienholder, the refund is made to the consumer and lienholder according to their respective interests.
Manufacturer Defenses
A manufacturer may defend a lemon-law claim by arguing, for example, that:
The alleged problem does not substantially impair the vehicle’s use, market value, or safety;
The problem was caused by abuse, neglect, or unauthorized modifications;
The claim was not filed in good faith;
Another legal defense applies.
For that reason, documentation is important. A consumer should keep repair orders, warranty documents, purchase documents, emails, text messages, photographs, and notes of conversations with the dealer or manufacturer.
Is There a Deadline to File Suit?
Yes. A lawsuit under Mississippi’s lemon law must generally be filed within one year after expiration of the express warranty or within eighteen months after the original delivery of the vehicle, whichever is earlier.
If the consumer uses a qualifying informal dispute-settlement procedure, a different deadline may apply: within ninety days after the final action of the panel.
These deadlines can be short. A consumer dealing with repeated vehicle defects should seek legal advice quickly.
Can Attorney’s Fees Be Recovered?
If a consumer finally prevails in a lawsuit under Mississippi’s lemon law, the court may allow recovery of reasonable costs, expenses, and attorney’s fees based on actual time expended.
This fee provision is important because lemon-law disputes often involve large manufacturers, repeated repair records, warranty defenses, and technical issues.
Practical Steps
If you believe your vehicle may be a lemon, take the following steps:
Keep every repair order, even if the dealer says it “could not duplicate” the problem.
Make sure each repair order accurately describes the complaint.
Track the number of days the vehicle is out of service.
Keep copies of the purchase contract, warranty booklet, title paperwork, and financing documents.
Send written notice to the manufacturer, not just the dealership.
Avoid unauthorized modifications that could give the manufacturer a defense.
Speak with an attorney before the statutory deadlines expire.
Mississippi’s lemon law gives consumers a remedy when a defective vehicle cannot be repaired within a reasonable number of attempts. But the law has strict requirements, including warranty timing, written notice, repair-history proof, and short filing deadlines.
If your vehicle has repeated defects that affect its safety, value, or use, you should gather your documents and speak with a Mississippi attorney as soon as possible.
