Mississippi Lemon Law: Your Complete Legal Guide

Overview of Mississippi's Lemon Law

Mississippi protects consumers who purchase defective new vehicles through the Motor Vehicle Warranty Enforcement Act, codified at Mississippi Code Annotated §§ 63-17-151 through 63-17-165. This law requires manufacturers to repair, replace, or refund vehicles that fail to meet express warranty standards after a reasonable number of repair attempts.

The law applies to vehicles sold in Mississippi that are used primarily for personal, family, or household purposes. If a manufacturer or its authorized dealer cannot fix a substantial defect after multiple attempts, the consumer may demand a replacement vehicle or a full refund of the purchase price.

Mississippi's lemon law has remained largely unchanged since its enactment. No significant amendments were passed during the 2025 or 2026 legislative sessions. The core protections, thresholds, and remedies described below reflect the current law as of 2026.

What Vehicles Does the Law Cover?

Under Mississippi Code § 63-17-155, "motor vehicle" means a vehicle propelled by power other than muscular power that is sold in Mississippi, operated over the state's public streets and highways, and used to transport persons or property.

Covered Vehicles

• Passenger cars sold and registered in Mississippi
• Trucks used for personal transportation
• Vans, including passenger and cargo vans
• Demonstrator vehicles with a manufacturer's warranty issued as a condition of sale
• Lease-purchase vehicles where a warranty was issued as a condition of sale
• Electric vehicles and hybrids (covered under the same definition as any motor vehicle propelled by power other than muscular power)

Vehicles Not Covered

• Vehicles that run only on tracks (such as trains)
• Off-road vehicles not operated on public highways
• Motorcycles and mopeds
• Electric personal assistive mobility devices (as defined in Mississippi Code § 63-3-103)
• Parts and components of motor homes that were added or assembled by the motor home manufacturer
• Vehicles purchased primarily for business or commercial purposes

Requirements for Coverage

To qualify for lemon law protection, the vehicle must meet all of these conditions:

Requirement	Details
Sold in Mississippi	The vehicle must have been purchased in the state
Personal use	Used primarily for personal, family, or household purposes
Express warranty	Must be covered by a manufacturer's express warranty
Reported during coverage period	Nonconformity reported within the warranty term or 1 year from delivery, whichever is earlier

What Qualifies as a Nonconformity?

A nonconformity is any defect or condition that does not conform to the manufacturer's express warranty and that impairs the use, market value, or safety of the vehicle. The defect must be substantial enough to affect how the consumer uses the vehicle, what the vehicle is worth, or whether the vehicle is safe to operate.

Common Examples of Qualifying Defects

• Engine or transmission failures that persist after repair
• Brake system malfunctions
• Steering defects that affect vehicle control
• Electrical system problems causing repeated failures
• Persistent starting, stalling, or overheating issues
• Safety system malfunctions (airbags, stability control, collision avoidance)
• Battery or charging system defects in electric vehicles

Minor cosmetic issues or problems caused by consumer abuse, neglect, or unauthorized modifications generally do not qualify.

The Lemon Law Presumption

Mississippi Code § 63-17-159 creates a legal presumption that the manufacturer has had a reasonable number of repair attempts when specific conditions are met. Once this presumption applies, the burden shifts to the manufacturer to prove otherwise.

When the Presumption Applies

Trigger	Threshold	Details
Same defect repaired multiple times	3 or more attempts	The substantially same nonconformity must continue to exist after three or more repair attempts
Vehicle out of service	15 or more working days	Cumulative total the vehicle has been unavailable due to repairs (excluding routine maintenance)
Timeframe for either trigger	Warranty period or 1 year	Must occur within the express warranty term or within 1 year of original delivery, whichever ends first

Written Notice Requirement: Before the presumption takes effect, the consumer must send written notice to the manufacturer at the address listed in the owner's manual (zone or regional service office). This notice must describe the nonconformity and request repair. The manufacturer then has an obligation to notify the consumer of a reasonably accessible repair facility. After the vehicle is delivered to that facility, the manufacturer gets 10 additional working days to fix the problem.

Extension Provision: The 15-working-day out-of-service period may be extended if repair services are not available due to conditions beyond the manufacturer's control, such as a natural disaster or parts shortage.

Consumer Remedies: Replacement or Refund

When a vehicle meets the lemon law presumption and the manufacturer cannot fix the defect, the consumer has the right to choose between two remedies under Mississippi Code § 63-17-159.

Option 1: Full Refund

The manufacturer must refund the following:

• Full purchase price of the vehicle
• All collateral charges, which Mississippi Code § 63-17-155 defines as charges not directly part of the manufacturer's suggested retail price, including:
  • Dealer preparation charges
  • Undercoating charges
  • Transportation charges
  • Towing costs
  • Replacement car rental costs
  • Title charges
• Lienholder payments as applicable, with refunds distributed between the consumer and lienholder according to their respective interests

Usage Deduction: The manufacturer may subtract a reasonable allowance for the consumer's use of the vehicle. Mississippi sets this at a flat rate:

Usage Deduction = Miles Driven x $0.20 per mile

For example, if a consumer drove 5,000 miles before the vehicle qualified as a lemon, the deduction would be $1,000.

Option 2: Replacement Vehicle

The manufacturer may replace the vehicle with a comparable motor vehicle that is acceptable to the consumer. The same usage deduction applies. Under Mississippi Code § 63-17-155, a "comparable motor vehicle" means an identical or reasonably equivalent vehicle.

Step-by-Step: How to File a Lemon Law Claim

Filing a successful lemon law claim in Mississippi requires careful documentation and following the proper sequence of steps.

Step 1: Document Everything From Day One

Keep organized records of every interaction related to the vehicle's problems:

• All repair orders and invoices, with dates and descriptions of work performed
• A log of every day the vehicle was at the repair facility
• Written descriptions of the symptoms you experienced
• All correspondence with the dealer and manufacturer
• Receipts for towing charges and rental car expenses
• The owner's manual section listing the manufacturer's zone or regional service office address

Step 2: Allow the Required Repair Attempts

Give the manufacturer's authorized dealer at least three opportunities to repair the same defect. Each visit should be documented with a written repair order.

Step 3: Send Written Notice to the Manufacturer

After three unsuccessful repair attempts (or after the vehicle has been out of service for 15 working days), send a written notice to the manufacturer. Address it to the zone or regional service office listed in your owner's manual. Include:

• Your full name and contact information
• Vehicle identification number (VIN), make, model, and year
• A clear description of the nonconformity
• A summary of your complete repair history with dates

Send this notice by certified mail with return receipt requested so you have proof of delivery.

Step 4: Allow the Final Repair Opportunity

After receiving your notice, the manufacturer must direct you to a reasonably accessible repair facility. Once you deliver the vehicle to that facility, the manufacturer has 10 working days to conform the vehicle to the express warranty.

Step 5: Use the Manufacturer's Dispute Resolution Program (If Required)

Under Mississippi Code § 63-17-159, if the manufacturer has established an informal dispute settlement procedure that complies with the Federal Trade Commission's regulations at 16 CFR Part 703, you must use that program before pursuing a refund or replacement through the courts. Many manufacturers use the BBB AUTO LINE program for this purpose.

Key points about the dispute resolution requirement:

• The arbitration decision is not binding on the consumer but is binding on the manufacturer
• The program must be free to consumers
• If the manufacturer fails to inform you that a dispute resolution program exists, the requirement to use it does not apply
• You have 90 days after the panel's final decision to file a lawsuit if you are not satisfied with the outcome

Step 6: File a Civil Action if Necessary

If the manufacturer fails to resolve your claim through the dispute resolution process (or no such process exists), you may file a lawsuit in Mississippi court. Under Mississippi Code § 63-17-159, if you prevail, the court may award you:

• Costs and expenses reasonably incurred
• Attorney's fees based on actual time expended by your lawyer

Statute of Limitations

Timing is critical. You must file your lemon law action within the earliest of these deadlines:

• 1 year after the expiration of the express warranty
• 18 months after the date of original delivery of the vehicle to you
• 90 days after the final action of an informal dispute settlement panel (if you used one)

Missing these deadlines can permanently bar your claim.

Manufacturer Defenses

Mississippi law allows manufacturers to raise specific affirmative defenses under Mississippi Code § 63-17-159.

Defense	What the Manufacturer Must Prove	How Consumers Can Respond
No impairment	The nonconformity does not impair the vehicle's use, market value, or safety	Document specifically how the defect affects daily use, resale value, or safety
Consumer abuse or neglect	The defect resulted from the consumer's abuse, neglect, or unauthorized modifications	Maintain a complete maintenance record and follow the manufacturer's recommended service schedule
Bad faith claim	The consumer filed the claim in bad faith or solely for harassment	Keep a thorough, honest record of every repair attempt and communication

Bad Faith Penalty

Under Mississippi Code § 63-17-161, if a court determines that a consumer's claim was filed in bad faith, solely for harassment, or without any justiciable issue of law or fact, the consumer may be ordered to pay all court costs the manufacturer incurred as a direct result of the bad faith claim. This provision discourages frivolous filings but does not prevent consumers from pursuing legitimate claims.

Used Vehicle Protections

Mississippi's lemon law applies primarily to new vehicles. However, limited protections exist for used vehicle buyers:

• Transferred warranty rights: Individuals who receive a vehicle by transfer during the warranty period may enforce warranty obligations under the Act
• Remaining manufacturer warranty: Coverage continues for the unexpired portion of the original warranty
• Lemon buyback disclosure: Federal and state regulations may require sellers to disclose when a vehicle was previously returned under lemon law provisions

Additional Consumer Protection

Mississippi Code § 63-17-165 provides that any violation of the Motor Vehicle Warranty Enforcement Act is subject to the rights and remedies available under the Mississippi Consumer Protection Act (Chapter 24, Title 75, Mississippi Code). This gives consumers additional legal tools, including the ability to file complaints with the Mississippi Attorney General's Consumer Protection Division.

Consumers can file complaints online through the Mississippi Attorney General's office at ago.state.ms.us or by calling (601) 359-3680.

More Mississippi Laws

• Mississippi Car Seat Laws
• Mississippi Recording Laws
• Mississippi Dog Bite Laws
• Mississippi Child Support Laws
• Mississippi Statute of Limitations
• Mississippi Whistleblower Laws
• Mississippi Hit and Run Laws
• Mississippi Sexting Laws