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The Mississippi Lemon Law

The Mississippi lemon law covers the owners of defective vehicles registered for use in the state.

Does the MS Lemon Law Protect My Vehicle?

The lemon law in Mississippi covers cars, pickup trucks, SUVs and vans, and the drive train and chassis of motor homes (recreational vehicles, or RVs). It does not cover motorcycles, mopeds, or the living quarters of motor homes.

The protection period lasts for 12 months from the original date of delivery. The defect must impair your use of or the safety of the vehicle, or reduce its market value. And the defect must not be due to abuse, neglect or unauthorized modification of the vehicle.

The defect must have been repaired at least three times, or the vehicle must have been out of service for at least 15 business days, for it to be considered a lemon.

I Own a Mississippi Lemon. What Can I Do?

If your vehicle meets the criteria above, you have a lemon. You can file a claim by writing to the manufacturer, stating your case. Mail your letter by certified mail, return receipt requested. Include copies of your notes, all service orders and work invoices, and any other supporting documentation you have. Remember to photocopy your letter and keep that copy for your records.

The manufacturer then has one last opportunity to fix the defect. They must notify you of a repair facility, and have ten business days to make the repair attempt from the time you provide the vehicle. If the defect is not fixed, or recurs, or the repair cannot be made within ten days, you can proceed with your claim.

Arbitration or Law Suit?

If the manufacturer refuses to compensate you, you will have to go to arbitration. All manufacturers have, or use, an informal dispute resolution procedure, which you must use before filing a law suit. Any arbitration decision made through this procedure is normally binding on the manufacturer, but not on you. You are then free to file a law suit if you disagree with the decision.

If you decide to file a suit, I recommend that you consult a lemon law attorney, a lawyer with Mississippi lemon law experience. You must file the suit within 18 months of the original delivery date, or within 90 days of any arbitration decision. If you win the court case, you will be awarded court costs and your lemon law lawyer's fees.

Replacement or Refund?

The Mississippi lemon law gives you the option of receiving a replacement vehicle or a refund of your purchase price.

If you choose a replacement, you'll receive a vehicle of comparable value to your lemon. This is normally the same make and model, if available.

If you select the refund, you'll receive the full purchase price, including any trade-in allowance, plus dealer prep costs, undercoating and transportation charges, sales tax, title and registration fees, towing costs, and replacement vehicle (car rental) fees.

In either case, the manufacturer will deduct a reasonable use fee of the number of miles you drove the vehicle times 20 cents per mile.

Mississippi Lemon Law Summary

The lemon law in Mississippi protects your vehicle for 12 months from the original delivery date. If it has been repaired at least three times, or has been out of service for at least 15 business days, you can file a claim for compensation. You'll receive a replacement vehicle or a refund of the purchase price.

NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.


 

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