Lemon Law in Mississippi
When life gives you lemons, you should make lemonade. That’s a terrific outlook on life, but not necessarily the one you need if the car you’ve bought is a lemon. In this case, if life has given you lemons, you should seek out the experienced advice of a Mississippi lemon lawyer. He or she can help you navigate a path to compensation for your defective vehicle.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Mississippi Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Mississippi to ensure you remain within the legal confines.
While Mississippi has lemon law protections in place to protect consumers from unscrupulous business dealing, certain stipulations must be met. Auto Safety reports that a car cannot be determined to be a lemon in Mississippi until there have been 3 unsuccessful repairs of the vehicle. In addition, you will have to prove that the defects you are seeking to have repaired have damaged the safety, value, or use of the car itself.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if Mississippi lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
Lemon Laws in Mississippi can cover used cars, if they are still under the warranty of the manufacturer. However, despite new or used status, off-road vehicles, motorcycles, mopeds, and motor homes are not covered under the lemon laws.
When Should You Hire a Qualified Lemon Law Attorney in Mississippi?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced lemon law attorney in Mississippi.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Mississippi lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Mississippi lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Mississippi legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Mississippi law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Mississippi Statutes determine that most consumers must go through a period of arbitration before they are permitted to move forward in court with a lemon law case. However, arbitration is not required if the language does not exist in the warranty, or if the manufacturer failed to notify the consumer of the availability of arbitration.
Still, find yourself faced with a lemon, or an uncooperative dealer or manufacturer. It may be your best option to engage the services of an experienced Mississippi lemon lawyer who can enforce your rights.
Work With an Experienced Local Lawyer In Mississippi
Do you need immediate help? Then one of our experienced lawyers in Mississippi can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Mississippi state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lemon law attorney in Mississippi!
Still looking for answers? There are other sections of Mississippi law where we can provide essential information.
