Key takeaways
- Protection period: term of the express warranty or 1 year from original delivery, whichever expires earlier (extended if a reported problem has not been repaired by then).
- Repair attempts: substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Days out of service: cumulative total of 15 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance.
- Deadline: within 1 year after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action.
- The law is Miss. Code Ann. §§ 63-17-151 to 63-17-165. Read it with your repair orders and your warranty in front of you.
On this page
Mississippi's lemon law is Miss. Code Ann. §§ 63-17-151 to 63-17-165, the Mississippi Motor Vehicle Warranty Enforcement Act. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Mississippi lemon law at a glance
| Statute | Miss. Code Ann. §§ 63-17-151 to 63-17-165 |
|---|---|
| Official name | Mississippi Motor Vehicle Warranty Enforcement Act |
| Vehicles covered | Motor vehicles sold in Mississippi and operated on public roads to transport persons or property, bought primarily for personal, family, or household purposes, including demonstrators and lease-purchase vehicles sold with a manufacturer's warranty. Excludes off-road vehicles, motorcycles, mopeds, vehicles run only on tracks, electric personal assistive mobility devices, and parts of a motor home added or assembled by the motor home manufacturer. |
| Protection period | Term of the express warranty or 1 year from original delivery, whichever expires earlier (extended if a reported problem has not been repaired by then). |
| Repair attempts | Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist. |
| Days out of service | Cumulative total of 15 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance. |
| Notice to the manufacturer | Before using the Act, the consumer must give written notice to the manufacturer of the need for repair; after the vehicle is delivered to the designated repair facility, the manufacturer has 10 working days to conform it. |
| Dispute programs | If the manufacturer has an informal dispute settlement procedure complying with 16 C.F.R. Part 703, the consumer must first use it before the refund/replacement remedy applies (unless the manufacturer failed to tell the consumer it exists). No state-run program. |
| Deadline to bring a claim | Within 1 year after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action. |
| Remedies | At the consumer's option, a comparable replacement acceptable to the consumer or a refund of the full purchase price including reasonably incurred collateral charges, less a use allowance of 20 cents per mile driven by the consumer (applied to both replacement and refund). |
| Attorney's fees | Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended (§ 63-17-159(7)). |
| Used vehicles | No used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer'. |
Does your vehicle qualify in Mississippi?
The law covers motor vehicles sold in Mississippi and operated on public roads to transport persons or property, bought primarily for personal, family, or household purposes, including demonstrators and lease-purchase vehicles sold with a manufacturer's warranty. Excludes off-road vehicles, motorcycles, mopeds, vehicles run only on tracks, electric personal assistive mobility devices, and parts of a motor home added or assembled by the motor home manufacturer. The protection period is term of the express warranty or 1 year from original delivery, whichever expires earlier (extended if a reported problem has not been repaired by then). Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Days out of service: Cumulative total of 15 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Before using the Act, the consumer must give written notice to the manufacturer of the need for repair; after the vehicle is delivered to the designated repair facility, the manufacturer has 10 working days to conform it.
If the manufacturer has an informal dispute settlement procedure complying with 16 C.F.R. Part 703, the consumer must first use it before the refund/replacement remedy applies (unless the manufacturer failed to tell the consumer it exists). No state-run program.
Deadline: Within 1 year after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action.
State resource: Mississippi Motor Vehicle Commission.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's option, a comparable replacement acceptable to the consumer or a refund of the full purchase price including reasonably incurred collateral charges, less a use allowance of 20 cents per mile driven by the consumer (applied to both replacement and refund). Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended (§ 63-17-159(7)). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Mississippi's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Mississippi vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Mississippi?
Under Miss. Code Ann. §§ 63-17-151 to 63-17-165, the presumption is met when substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist. The law also counts time in the shop: cumulative total of 15 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance.
How long do I have to file a lemon law claim in Mississippi?
Within 1 year after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Mississippi lemon law cover used cars?
No used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Do I have to notify the manufacturer in Mississippi?
Before using the Act, the consumer must give written notice to the manufacturer of the need for repair; after the vehicle is delivered to the designated repair facility, the manufacturer has 10 working days to conform it. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Mississippi?
If the manufacturer has an informal dispute settlement procedure complying with 16 C.F.R. Part 703, the consumer must first use it before the refund/replacement remedy applies (unless the manufacturer failed to tell the consumer it exists). No state-run program.
Can I recover attorney's fees under the Mississippi lemon law?
Yes. A consumer who finally prevails may be allowed costs and expenses, including attorney's fees based on actual time expended (§ 63-17-159(7)). We explain exactly how fees work in your case before you sign anything.