Lemon Law in Mississippi
In the state of Mississippi lemon laws are also known as Motor Vehicle Warranty Enforcement Acts. The Mississippi state legislature recognizes that defective motor vehicles hinder consumers, thus requiring manufacturers to repair, refund, or replace the vehicles.
Legislature states that the manufacturer and consumer must reach a resolve of the complaint in a timely manner. Such legislature of the state of Mississippi requires a replacement or refund if the manufacturer cannot conform the vehicle to the manufacturer’s standard or the standard outlined in the express warranty.
Section sixty-three of the Mississippi lemon law states the definitions of terms related to lemon cases. These include collateral charges, comparable motor vehicle, consumer, express warranty, manufacturer, motor vehicle, and purchase price. Each definition is similar to but slightly different from other states.
Conformity
This section also states that if the motor vehicle does not conform to the express warranty’s standards, the manufacturer is required to attempt a conformity repair. This is only required of the manufacturer if the motor vehicle was reported while under the express warranty. It is possible to have a repair attempt after the warranty’s expiration but only if the vehicle was reported prior to expiration.
Replacement
If the manufacturer, agent, or dealer is unable to conform the motor vehicle to the factory standard or those listed in the express warranty, the manufacturer is required to refund the purchase price or replace the motor vehicle.
Replacement or refund is only possible if the defect impairs the motor vehicle’s use, the market value, or the safety of those inside the motor vehicles. Cosmetic damages or radio malfunctions are not included in lemon law qualifications. Such defects must first undergo a reasonable number of repair attempts, including one or more by the manufacturer. This number varies and normally ranges between three and four attempts.
When a replacement is made the replacing vehicle is required to be of the same market value as the lemon vehicle. If the consumer chooses to have the motor vehicle refunded rather than replaced, the manufacturer, agent, or dealer is required to refund the full purchase price as well as collateral charges, registrations fees, licensing fees, taxes, government fees, and any other fees associated with the motor vehicle’s purchase.
A subtracted allowance may apply to both refunded vehicles and replacement vehicles. Cosmetic additions to a lemon vehicle are not required to be refunded, including extra painting and system additions. If the motor vehicle has been abused or neglected the damages will be subtracted from the refund.
The reasonable number of repair attempts may be waived if the motor vehicle has been out of use for fifteen or more days while under repair attempts. These days do not need to be consecutive and can be added up throughout the express warranty’s timeline.
Courts
If a consumer reports a lemon law and the court finds the filing to be in bad faith, the court may not grant the refund or replacement. Instead the consumer will be liable for court costs and those of the manufacturer or agent from which the motor vehicle was issued.