Everyone is familiar with the term “lemon law.” However, not every car purchase is covered by Mississippi’s lemon law statute.
This article will help you tell whether you have a lemon law case or not. This article is not meant to guide you through a lemon law case. That’s what the lawyers and court system are for. This article is designed to simply lay out the general requirements for a lemon law case.
Mississippi’s lemon law statute is entitled the Motor Vehicle Warranty Enforcement Act. A complete copy of the statute can be found by clicking here.
The first thing to keep in mind is that Mississippi’s lemon law is not limited to new vehicles. The statute is about warranties, not whether a car is new or not. So, if your car is used, but there’s a warranty remaining on it, you may have a case.
Thus, first answer the question, Does my car have a warranty remaining on it?
If the answer is “yes,” you can proceed with reviewing the statute.
- The defect or malfunction in your vehicle must affect the (1) use (2) market value or (3) safety of your vehicle. The defect in your vehicle must fall into one of these three categories.
- The defect cannot be the result of something you did.
- The dealership gets a chance to fix the defect.
- But the statute kicks in once a dealership has had the vehicle in its possession for (a) 15 or more business days (doesn’t matter whether these days were in a row; can be 15 or more days total) or (b) you’ve taken the vehicle to the dealership 3 or more times to fix the same problem.
- Generally, a lemon law case needs to be brought within the earliest of (a) 1 year following the expiration of the warranty or (b) 18 months from delivery of the vehicle to you.
- The statute provides for an informal mediation process that you should use to work things out with the dealership. If the mediation isn’t successful, you should hire a lawyer to take the case if you’ve not already consulted one.
- Attorney’s fees and costs are provided by the statute should you win your case.
I hope this helps you understand Mississippi’s lemon law statute a little better. I welcome feedback via comments.
**This article is informative in nature and not meant as legal advice for your particular situation.**
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