How Do I Know If My Car Qualifies Under Mississippi’s Lemon Law?

You’ve just bought a new car, and you’re excited to hit the open road. But what happens when that new car isn’t living up to expectations? What if it keeps breaking down or has persistent issues that the dealership can’t seem to fix? If you’re in Mississippi, you might be protected under the state’s Lemon Law. But how do you know if your car qualifies? Let’s break it down.

Mississippi’s Lemon Law

Mississippi’s Lemon Law, officially known as the “Motor Vehicle Warranty Enforcement Act,” is designed to protect consumers who purchase or lease new vehicles that turn out to be defective.

This law provides a remedy for consumers stuck with vehicles that have persistent problems, allowing them to potentially receive a refund or replacement vehicle.

But not every problematic car qualifies as a “lemon” under the law. There are specific criteria that must be met.

Criteria for a Vehicle to Qualify Under Mississippi’s Lemon Law

To determine if your car might qualify under Mississippi’s Lemon Law, consider the following criteria:

1. Vehicle Type and Use

The law covers vehicles that are:

• Sold in Mississippi
• Operated on Mississippi’s public roads
• Used to transport people or property
• Demonstrator vehicles, and Lease-purchase vehicles that come with a manufacturer’s warranty

The law does not cover:

• Used vehicles
• Motorcycles
• Off-road vehicles

2. Age and Mileage

1. One (1) year following the expiration of the terms, conditions of the vehicle or Replacement of vehicle or refund of the purchase price where nonconformity cannot be corrected;
2.  within eighteen (18) months following the date of original delivery of the motor vehicle to a consumer, whichever is earlier,
3. 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.

3. Substantial Defect

The vehicle must have a “substantial defect” that:

• Significantly impairs the use, value, or safety of the vehicle
• Is covered by the manufacturer’s express warranty

Examples might include:

• Engine problems
• Transmission issues
• Faulty electrical systems
• Safety feature malfunctions

Note that the law doesn’t cover minor issues like slight rattles or cosmetic defects.

4. Reasonable Number of Repair Attempts

The defect must persist after a “reasonable number of attempts” to repair it. In Mississippi, this means:

• At least three unsuccessful repair attempts for the same problem, or
• The vehicle has been out of service for repairs for a cumulative total of 15 or more business days

5. Notice to the Manufacturer

You must have given the manufacturer (through its authorized dealer) at least one opportunity to repair the vehicle after the third repair attempt or after the vehicle has been out of service for 15 days.

Steps to Determine If Your Car Qualifies

If you suspect your car might be a lemon, here are the steps you should take:

Document Everything

Keep detailed records of all problems, repair attempts, and time the vehicle spends in the shop. This includes repair orders, receipts, and any communication with the dealer or manufacturer.

Notify the Manufacturer

After the third repair attempt or 15 days out of service, send a written notification to the manufacturer about the ongoing issues. This gives them one final chance to fix the problem.

Review Your Vehicle’s History

Look at your documentation and see if it meets the criteria outlined above. Does it have a substantial defect? Has it had at least three repair attempts or been out of service for 15+ days? Is it less than a year old and under 12,000 miles?

Consult with an Attorney

If you believe your vehicle meets the criteria, it’s wise to consult with a consumer law attorney experienced in Lemon Law cases. They can review your situation and advise you on the best course of action.

What If My Car Doesn’t Quite Meet the Criteria?

Even if your car doesn’t perfectly meet all the criteria under Mississippi’s Lemon Law, you may still have options:

• Federal Warranties Act: The Magnuson-Moss Warranty Act is a federal law that provides protections for consumers with warranty issues, even if the vehicle doesn’t qualify under state lemon laws.
• Used Car Rule: While Mississippi’s Lemon Law doesn’t cover used cars, the FTC’s Used Car Rule requires dealers to provide a Buyers Guide with warranty information for used vehicles.
• Dealer Fraud: If you believe the dealer misrepresented the vehicle at the time of sale, you might have a case for dealer fraud.
• Breach of Warranty: Even if your car doesn’t qualify under the Lemon Law, you might have a claim for breach of warranty if the manufacturer isn’t living up to the terms of your warranty.

The Lemon Law Process in Mississippi

If you believe your vehicle qualifies under Mississippi’s Lemon Law, here’s a general overview of the process:

1. Final Repair Attempt: After notifying the manufacturer, allow them one final attempt to repair the vehicle.
2. Request for Repurchase or Replacement: If the final repair attempt is unsuccessful, you can request that the manufacturer repurchase or replace your vehicle.
3. BBB Auto Line: Mississippi requires consumers to go through the BBB Auto Line program before filing a lawsuit. This is a free arbitration service that can help resolve your dispute.
4. Lawsuit: If the BBB Auto Line process doesn’t resolve your issue, you may then file a lawsuit against the manufacturer.

Potential Remedies Under the Lemon Law

If your vehicle is determined to be a lemon, you may be entitled to:

• A refund of the purchase price (minus a reasonable allowance for use)
• A replacement vehicle of comparable value
• Reimbursement for incidental costs (like towing fees or rental car expenses)

Stuck with a Lemon? Contact Ware Law Firm.

If you believe your car might qualify as a lemon, it’s often beneficial to seek legal advice early in the process.

At Ware Law Firm, we have extensive experience helping consumers in Mississippi deal with lemon vehicles. We can help you:

• Determine if your vehicle qualifies under the Lemon Law
• Gather and organize the necessary documentation
• Communicate with the manufacturer on your behalf
• Represent you in the BBB Auto Line process or in court if necessary

Remember, under the Lemon Law, if you win your case, the manufacturer may be required to pay your attorney fees. This means you might be able to get legal representation without any out-of-pocket cost.

Don’t let a defective vehicle drain your finances and peace of mind. If you think you might have a lemon on your hands, contact Ware Law Firm today for a free consultation. We’re here to help you understand your rights and fight for the compensation you deserve.

Your dream car shouldn’t be a nightmare. Let us help you turn that lemon into lemonade.