Buying a new or used car is a major financial commitment that can impact personal finances for years. Besides the price of a vehicle, fuel, registration fees and maintenance can add to the cost. Many states, including Mississippi, enforce a lemon law to protect used-car buyers whose vehicles prove to be more trouble than they're worth.
Mississippi's lemon law is known in the state legal code as the Motor Vehicle Warranty Enforcement Act. It primarily covers new vehicles, protecting buyers who find dealerships or manufacturers unwilling to honor a vehicle's warranty in the event of severe or recurring problems and defects.
However, the Mississippi lemon law covers all cars for one year from their date of purchase, even if those vehicles are sold as used models within that time frame. Most other used vehicles in Mississippi are exempt from lemon law coverage, and buyers are responsible for negotiating their own warranty or refund with the seller.
Mississippi's lemon law covers cars, trucks and sports utility vehicles (SUVs) purchased for personal use. It does not apply to a vehicle bought for commercial use, such as a work truck or company car. The law also omits motorcycles, mopeds, racing autos and off-road vehicles. In the case of recreational vehicles such as motor homes, Mississippi's lemon law covers the drivetrain and chassis, but not the living section.
To qualify for a refund through Mississippi's lemon law, a driver must provide evidence that less than one year has elapsed since the purchase of the used vehicle. In addition, the driver must show that an authorized dealership or auto shop has made three repair attempts to solve a recurring problem or that the vehicle has been in a shop for repair for at least 15 days, during which it was unavailable to the owner for driving.
Prior to making a lemon law claim, a used car's owner must notify the manufacturer in writing of the problem, the history of repair attempts and the intention to pursue a refund through the Motor Vehicle Warranty Enforcement Act. Automakers have 10 days to respond by providing the owner the address of a repair facility that will make the final repair attempt. After delivering the vehicle, the driver must wait an additional 10 days to file a claim.
Once a final repair attempt fails, the used vehicle's owner must attempt to file a dispute with the automaker's dispute settlement system. If these efforts don't result in a refund or replacement offer, the owner may contact the office of the Mississippi Attorney General to begin legal proceedings against the automaker.
The cost of replacing or refunding a car deemed a lemon falls to the dealer. The dealer has the option of offering a comparable vehicle as a replacement. The owner of the lemon may accept or decline the replacement vehicle offer. If the owner declines, he is entitled to a refund instead. A lemon law refund includes all repair expenses, towing charges and the cost of a rental vehicle while the car was out of service. However, owners forfeit 20 cents for each mile they drove the car.
