What Makes a Car a “Lemon” in Mississippi & How to Prove It

Imagine driving off the lot in a brand-new car, only to find yourself back at the dealership weeks later with the same persistent problem.

Frustrating, right? If your vehicle has a recurring issue that just won’t go away, you may have a lemon on your hands.

Fortunately, Mississippi’s Lemon Law, officially known as the Motor Vehicle Warranty Enforcement Act, is designed to protect consumers like you from defective cars that simply don’t live up to their promises.

But how do you prove your vehicle qualifies as a lemon? Let’s break it down step by step.

What Is Mississippi’s Lemon Law?

The Mississippi Motor Vehicle Warranty Enforcement Act, found under Mississippi Code Sections 63-17-151 et seq, provides consumer protection for those who have purchased defective motor vehicles that cannot be brought into conformity with the express warranty issued by the manufacturer.

This law applies to new cars, demonstrators, and lease-purchase vehicles as long as they are still covered by the manufacturer’s warranty. However, it does not extend to used cars that are outside the warranty period.

If your car is experiencing ongoing, unresolved issues, you may qualify for relief under Mississippi’s Lemon Law.

How Do You Know If Your Car Is a Lemon?

To be considered a lemon, your car must meet these conditions:

• The defect must substantially impair the use, safety, or value of the vehicle.
• The manufacturer must have had a reasonable number of attempts to fix the issue.
• The vehicle must have been out of service for at least 30 days due to warranty repairs.

If your car fits these criteria, you may be entitled to a replacement vehicle or a refund.

Step 1: Keep Detailed Records of Repair Attempts

One of the key factors in proving your lemon law case is demonstrating that you have given the manufacturer sufficient opportunities to repair the vehicle. Mississippi law defines a reasonable number of attempts as:

• Four or more unsuccessful repair attempts for the same issue.
• Or the vehicle being in the shop for 30 or more cumulative days.

Make sure to retain all repair invoices, service reports, and communication with the dealership. These documents serve as crucial evidence when filing a lemon law claim.

Step 2: Notify the Manufacturer in Writing

Before taking legal action, Mississippi law requires that you send written notification to the manufacturer stating your complaints and requesting a refund or replacement. Your letter should include:

• Your vehicle identification number (VIN).
• A summary of all repair attempts and dates.
• A clear demand for a replacement car or refund.

Many manufacturers require participation in an informal dispute settlement procedure before pursuing a claim. If the issue remains unresolved, you can escalate your case.

Step 3: Consider Mediation or Arbitration

If the manufacturer hasn’t resolved your complaint after receiving your written notice, mediation or arbitration may be your next step. Some automakers offer these programs as a way to settle disputes without going to court, which can sometimes lead to a faster and less expensive resolution.

Here’s what you need to know:

• Mediation/Arbitration Can Be a Faster Alternative – These programs aim to resolve disputes without going to court, saving you time and legal fees.
• Be Cautious of Manufacturer Bias – Many of these programs are designed to minimize payouts, so you may not always get the full compensation you deserve.
• Legal Representation is Key – Having an experienced Mississippi Lemon Law attorney during this process can help you negotiate a fair settlement and avoid lowball offers.

If mediation or arbitration doesn’t work out, you can still take legal action under Mississippi’s Lemon Law.

Step 4: Taking Legal Action Under Mississippi’s Lemon Law

If the manufacturer does not provide a satisfactory resolution, you have legal recourse under Mississippi Code Sections 63-17-151 et seq. You may be entitled to:

• A replacement vehicle acceptable to the consumer.
• A refund, including the original purchase price, collateral charges, and costs incurred due to the defect.
• Reimbursement for replacement car rental costs and other expenses.

Additionally, the Magnuson-Moss Warranty Act, a federal consumer protection law, may provide additional protections if your vehicle does not qualify under Mississippi’s Lemon Law.

Step 5: Escalate Your Claim to a Consumer Protection Agency

If the manufacturer still refuses to resolve your claim, it’s time to escalate your case to a consumer protection agency. These organizations investigate unfair business practices and can put additional pressure on the manufacturer.

Consider filing a complaint with:

• The Mississippi Attorney General’s Office – They may investigate the manufacturer and help enforce state consumer protection laws.
• The Federal Trade Commission (FTC) – The FTC monitors deceptive business practices and can take action against companies violating consumer rights.
• Other Consumer Protection Groups – Depending on your case, organizations such as the Better Business Bureau (BBB) may also be able to assist.

Filing an official complaint adds credibility to your case and shows that you are serious about enforcing your rights. While this step may take time, it can be the final push needed to get the refund, replacement, or fair compensation you deserve.

Common Tactics Manufacturers Use to Deny Lemon Law Claims

Manufacturers don’t hand out refunds or replacements easily. Instead, they use delaying tactics, legal loopholes, and technical excuses to avoid taking responsibility.

Here are some of the most common ways they try to dodge Lemon Law claims:

• Blaming You for the Problem – They might claim the defect is due to your actions—maybe you skipped an oil change, drove the car too hard, or made a minor modification. Anything to shift the blame away from them.
• Dragging Out the Process – Some manufacturers make the process so frustrating that you just give up. They take weeks to respond, request endless paperwork, and bounce you between departments, all while you’re stuck with a defective car.
• Saying the Repairs Worked – Even if your car is still acting up, they may insist the issue was fixed and that you’re just being picky. Some even claim that the defect is a “normal characteristic” of the vehicle.
• Downplaying the Defect – If they can’t deny the problem outright, they’ll argue it’s not serious enough to qualify under the Lemon Law. They might say it doesn’t affect safety, value, or use, even when it clearly does.
• Claiming the Warranty Expired – If you didn’t report the defect within the warranty period, they may try to shut down your claim, even if the issue existed long before the deadline.

These tactics are designed to frustrate, delay, and discourage you from fighting for what you’re owed.

The good news? You don’t have to play by their rules. Staying informed, keeping records, and knowing your rights can make all the difference.

Hiring a Mississippi Lemon Law Attorney

If you’re stuck with a defective car, the last thing you need is a manufacturer giving you the runaround. Unfortunately, that’s exactly what many do—stalling, denying claims, or offering far less than you deserve.

A Mississippi Lemon Law attorney makes sure you don’t get pushed around and helps you fight for a fair outcome.

• Making Sure Your Car Qualifies – Mississippi’s Lemon Law has specific rules, and manufacturers will use any excuse to deny a claim. An attorney ensures your case meets all the legal requirements.
• Handling the Paperwork – The right documentation can make or break your claim. A lawyer helps gather repair records, service reports, and manufacturer correspondence to build a strong case.
• Negotiating with the Manufacturer – Car companies don’t hand out refunds or replacements easily. An attorney takes over the negotiation process to get you what you’re owed—whether that’s a refund, a new vehicle, or additional compensation.
• Sue the Dealership (If Needed) – If the manufacturer won’t cooperate, a lawyer can escalate the case, showing them you mean business.

Many car owners try to handle a Lemon Law claim on their own, only to hit roadblocks and dead ends. Manufacturers bank on frustration and confusion, hoping you’ll just give up. A Lemon Law attorney knows their tactics, fights back, and makes sure you get the resolution you deserve.

Key Takeaways

• Mississippi’s Lemon Law protects consumers who purchase defective motor vehicles that cannot be brought into conformity with the express warranty.
• A reasonable number of repair attempts must be made before filing a claim.
• Keep detailed records of all repair attempts and written communication with the manufacturer.
• If your claim is denied, a Mississippi lemon law attorney can help fight for your rights.
• You may be entitled to a refund, a replacement vehicle, and reimbursement for costs incurred.

Don’t Drive a Lemon—Take Action Now

If your car spends more time in the shop than on the road, you may have a valid lemon law claim. You don’t have to deal with the stress of an unreliable vehicle alone. Ware Law Firm, PLLC, is here to help.

We have extensive experience handling lemon law cases and other consumer protection matters. We understand the tactics that manufacturers use to avoid liability, and we know how to hold them accountable.

If your motor vehicle is experiencing persistent defects and you feel stuck in the lemon law process, don’t wait. Contact Ware Law Firm today for a free case review and take the first step toward resolving your situation. Let’s get you back on the road with a car that works.