Like every State in the Union, Mississippi has a lemon law; the relevant provisions of the law will be different than the provisions of the law in other states. The Mississippi lemon law covers motor vehicles that have been purchased in the state, operated on the roads of the state and used to transport people and goods in the state. The lemon law in Mississippi covers vehicles which have been acquired under a lease-purchase plan as well as dealer demonstrator vehicles as long as they are covered by the manufacturer’s warranty.
The Mississippi lemon law only covers motor vehicles; it does not cover vehicles used off-road, motorcycles, motorbikes or mopeds or the components used in the manufacture of a motor home.
The lemon law covers these classifications of consumers:
* The original purchaser who bought the vehicle for personal, family or household purposes, it does not cover the original purchaser who bought the vehicle for resale purposes.
* Any other person who has the title transferred to them for the same purposes while the warranty is in effect
Problems covered under the law:
Any problem with a covered vehicle that impairs its intended use, safety of the occupants or others or degrades the value is covered by the law. The manufacturer of the vehicle also is given a defense; if it can be shown that the vehicle was abused, neglected or modified in any way which is unauthorized the laws do not apply.
Manufacturer’s duties:
If the vehicle has a nonconformity and this nonconformity is relayed to the manufacturer or the dealer while the vehicle is still under warranty or within a year of when it was purchased it is the responsibility of the manufacturer or dealer to make any repairs necessary to conform with the warranty.
If, after a reasonable number of tries the defect cannot be repaired or corrected then the manufacturer has the obligation to either replace the car or to repurchase it, the option is that of the owner.
There is always an issue with the word “reasonable.” In the case of Mississippi lemon law “reasonable” is three. As well as three unsuccessful attempts to repair the infirmity if the vehicle is out of service for a cumulative 15 days since delivery it is considered a lemon under law.
If the manufacturer has an informal dispute settlement mechanism the consumer must first resort to it unless the consumer was not made aware of this at the time the vehicle was purchased.
If you believe you have a vehicle which meets the Mississippi lemon law you may wish to turn to a seasoned attorney to determine your options. You are invited to contact Krohn & Moss, Consumer Law Center for full details.
