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.