Lemon laws in Mississippi are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles.
Butler, Snow, O’Mara, Stevens & Cannada, PLLC
Contents
- Butler, Snow, O’Mara, Stevens & Cannada, PLLC
- Areas of Practice
- Mississippi Lemon Laws
- Sec. 63-17-151 – Short Title
- Sec. 63-17-153 – Legislative Findings and Declaration of Purpose
- Sec. 63-17-155 – Definitions
- Sec. 63-17-157 – Repair of Nonconforming Vehicle
- Sec. 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
- Sec. 63-17-161 – Liability of Consumer for Bad Faith Claims
- Sec. 63-17-163 – Necessity for Resort to Informal Dispute Settlement Procedure
- Sec. 63-17-165 – Remedies for Violations
Established in 1954, Butler, Snow, O’Mara, Stevens & Cannada, PLLC is one of the mostly known law firms in the state of Mississippi. It is located at 17th Floor, AmSouth Plaza, 210 East Capitol Street, Jackson, Mississippi. This PLLC is also one of the largest and oldest law firms of the State comprising of 140 attorneys who covers almost every field of law. The firm is dedicated to fulfilling legal needs of the clients in a cheapest possible manner. Attorneys Arthur D. Spratlin, Jr. and Richard M. Dye are Mississippi lemon law attorneys having vast awareness of lemon laws.
Attorney Arthur Spratlin did his graduation and J.D. from University of Mississippi in 1988 and 1991 respectively. After the completion of his law studies, he was admitted to the Mississippi Bar and U.S. Supreme Court. He is currently a member of The Mississippi Bar, American Bar Association (Member, Forum on the Construction Industry), Mississippi Defense Lawyers Association, Defense Research Institute (Member, Trucking Law Committee), TIDA and IALLA. On the other hand, attorney Richard Dye also completed his law education from University of Mississippi in 1998 and was admitted to the bar the same year. At present, he is a member of The Mississippi Bar, American Bar Association, Mississippi Defense Lawyers Association and Defense Research Institute.
Areas of Practice
- Lemon Law
- Litigation
- Insurance Defense
- Transportation
- Civil Rights
- Construction Law
- Family Law
- Consumer Law
Mississippi Lemon Laws
Sec. 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”.
Sources: Laws, 1985, ch. 336, § 1, eff from and after July 1, 1985.
Sec. 63-17-153 – Legislative Findings and Declaration of Purpose
The general assembly admits that the motor vehicle is one of the key consumer purchases. Incase if the vehicle has nonconformities then it gradually transforms into suffering for consumers. It is also the intent of the legislature that an authorized dealer or repairing agent is entitled to fix the defects within the specified warranty period. It also provides the statutory procedures through which a consumer can receive a replacement or a refund. Nothing in this chapter can limit or expand the rights of the consumer.
Sources: Laws, 1985, ch. 336, § 2, eff from and after July 1, 1985
Sec. 63-17-155 – Definitions
The meanings of the terms used in this chapter are:
- “Collateral charges” is the additional amount paid by the consumers that are directly attributable to the retail price of the motor vehicle. Collateral charges shall include, dealer preparation charges, undercoating charges, transportation charges, towing charges, replacement car rental costs and title charges.
- “Comparable motor vehicle” means an automotive having same value and specifications.
- “Consumer” is a person who,
- buys a vehicle to cover up his/her personal, family, or household needs, rather than for the purpose of resale
- to whom the motor vehicle is transferred
- entitled to enforce the obligations of the warranty
- “Express warranty” means an affirmation, expressed in writing, that the motor vehicle is defect-free or the motor vehicle conforms to the express warranty.
- “Manufacturer” means a manufacturer or distributor as defined in Section 63-17-55.
- “Motor vehicle” or “vehicle” means
- A self-propelled vehicle other than a tractor, farm vehicle, or a vehicle designed primarily for off-road use which has four or more wheels and is used to fulfill personal, family, or household needs
- A vehicle used for the transportation on public highways
- A vehicle which is required to be registered or licensed before use or operation.
- “Purchase price” means,
- The cash paid against the acquisition of a new motor vehicle
- The price appearing on the sale agreement inclusive of trade-in allowance.
Sources: Laws, 1985, ch. 336, § 3; Laws, 2003, ch. 485, § 12, eff from and after July 1, 2003
Sec. 63-17-157 – Repair of Nonconforming Vehicle
If a new motor vehicle is defective and does not comply with all applicable express warranties, then it’s the duty of the consumer to inform the manufacturer about the nonconformity within the term of such express warranties or during the period of 1 year following the date of delivery of the motor vehicle to the consumer, whichever occurs earlier, the manufacturer will be liable to make such repairs and conform the vehicle to such express warranties, in spite of the fact that such repairs are made after the expiration of such term or such 1 year period.
Sources: Laws, 1985, ch. 336, § 4, eff from and after July 1, 1985.
Sec. 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
- If, after a reasonable number of attempts, the manufacturer fails in conforming the automotive to the applicable warranty by repairing or correcting any defect or condition which affects the utilization, market value, or safety of the motor vehicle, then it becomes obligatory for the manufacturer to offer either a replacement or a refund to the consumer. A reasonable allowance for use shall be calculated by multiplying the number of miles the motor vehicle has been driven 20cents per mile.
- Its a confirmed defense to any claim under Sections 63-17-151 et seq. that:
- the defect does not affect the use, market value or safety of the motor vehicle
- the defect is due to abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer
- A claim by a consumer was not filed in good faith
- Any other affirmative defense allowed by law
- 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:
- the manufacturer has attempted the repairs 3 or more times but the nonconformity continues to exist
- the vehicle is under custody of a manufacturer by reason of repair for a cumulative total of 15 or more working days
- 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.
- According to Mississippi lemon laws, “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”.
- Every action that is brought under this chapter must be initiated within 1 year or within 18 months from the date the vehicle is delivered to the consumer, whichever comes first, 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.
- The court awards the prevailing party; all the expenses incurred in connection with the prosecution alongwith attorney’s fees.
Sources: Laws, 1985, ch. 336, § 5, eff from and after July 1, 1985.
Sec. 63-17-161 – Liability of Consumer for Bad Faith Claims
If the court finds that the consumer has filed a case in bad faith, or for the harassment, then the court shall enforce the consumer to pay for the costs and reasonable attorney’s fees incurred by the manufacturer.
Sources: Laws, 1985, ch. 336, § 6, eff from and after July 1, 1985.
Sec. 63-17-163 – Necessity for Resort to Informal Dispute Settlement Procedure
As stated in Mississippi lemon laws, “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 67-17-159 concerning refunds or replacements shall not apply to any consumer who has not first resorted to such procedure”.
Sources: Laws, 1985, ch. 336, § 7, eff from and after July 1, 1985.
Sec. 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.
Sources: Laws, 1985, ch. 336, § 8, eff from and after July 1, 1985.