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Mississippi

MISSISSIPPI Lemon Law:

Miss. Code Ann. §§ 63-17-151 to 63-17-165

Vehicles covered: Vehicles sold in-state, including lease-purchases

and demonstrators, if warranty is issued; excludes off-road vehicles,

motorcycles, mopeds, and add-on parts of motor homes

(§ 63-17-155(f)).

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty if vehicle

primarily used for personal, family or household purposes (§ 63-

17-155(c)).

Period covered: Whichever comes first: expiry of term of express

warranty or one year from date of delivery (§ 63-17-157).

Disclosure requirements: Manufacturer must provide list of service

office addresses in the owner’s manual; notice of accessible repair

facility and informal dispute settlement procedure after consumer’s

notice, if not given prior to complaint (§ 63-17-159(5)).

Required consumer notice: Notice of nonconformity to the manufacturer

(§ 63-17-159(5)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if substantively same nonconformity is

subjected to three or more repairs, or the vehicle is out of service

for a cumulative total of fifteen or more working days (§ 63-17-

159(3)). After post-notification delivery of vehicle to designated

dealer, ten days to cure (§ 63-17-159(5)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or unauthorized modifications or

alterations; claim is not filed in good faith; any other defenses

allowed by law (§ 63-17-159(2)); statute of limitations (§ 63-17-

159 (6)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a comparable vehicle or refund the full purchase price

less a reasonable use allowance (§ 63-17-159(1)); ‘‘comparable’’ is

defined as identical or reasonably equivalent (§ 63-17-155(b)).

Other reimbursement: Collateral charges (defined at § 63-17-155)

(§ 63-17-159(1)). Costs, expenses and attorney fees (§ 63-17-

159(7)).

Other remedies: There is no limit on other consumer remedies

(§ 63-17-153). Violations considered unfair and deceptive trade

practices (§ 63-17-165).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal dispute settlement procedure

established by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 (§ 63-17-163).

Resale of lemon: No applicable provisions.