What Is The Lemon Law And How Does It Work?

Tue, 29 May 2007 21:19:00 GMT

Recognizing that a car is a major consumer purchase and that a defective car creates a burden for the consumer, the Legislature, through this Act, has provided procedures where a consumer may receive either a replacement car or a full refund for a NEW car which cannot be brought into conformity with the express warranty issued by the manufacturer.

These laws apply to demonstrators or leasepurchase vehicles as long as a manufacturer`s warranty was issued as a condition of the sale. However, this Act does not apply to motorcycles or mopeds.

If a NEW vehicle does not conform to the express warranty, the consumer must report the defect(s) to the manufacturer or dealer within the warranty period or within 1 year from the time the consumer received the car—whichever period ends first. The manufacturer or dealer must then make whatever repairs are necessary to conform the vehicle to the warranty—even if these repairs are made after the expiration of the warranty period or oneyear period. (The warranty period or the oneyear period may be extended if the defect has been reported but not repaired by the end of these periods.)

The consumer must IN WRITING notify the manufacturer about the defect. The manufacturer will then recommend a reasonably accessible repair facility. After the car has been delivered to the repair facility, the manufacturer will have 10 working days to repair the vehicle. If, after a reasonable number of attempts, a car cannot be repaired to conform to the warranty AND the car`s defects impair the use, market value, or safety of the car, the manufacturer (based on the consumer`s preference) shall EITHER:

replace the car with a comparable motor vehicle acceptable to the consumer LESS a charge for the consumer`s use of the car [20 cents per mile]; OR
take the car`s title from the consumer and refund the full purchase price (including all reasonably related outside costs) LESS a charge for the consumer`s use of the car [20 cents per mile].

I'm Still Not Satisfied. What Do I Do Next?

Tue, 29 May 2007 21:19:00 GMT

In cases where manufacturers have established an informal dispute settlement procedure, the consumer must first use this procedure before the vehicle replacement or refund remedies will be available.

What If I Decide To Sue? How Long Do I Have To Start My Lawsuit?

Tue, 29 May 2007 21:19:00 GMT

Lawsuits based on this Act must be brought within one year of the warranty period`s expiration OR within 18 months from the time the consumer received the vehicle OR within 90 days after the end of an informal dispute settlement procedure. If a consumer wins an action based on this Act, he may, as part of the judgment, be allowed to recover costs and expenses (including attorney`s fees) related to the lawsuit. But if a consumer is found to bring a claim under this Act in bad faith or for harassment purposes, that consumer may be liable for all court costs resulting from the claim.

What Is Considered A Reasonable Number Of Repair Attempts?

Tue, 29 May 2007 21:19:00 GMT

A reasonable number of attempts is considered to have been made, IF either:

the same defect is not repaired after 3 or more attempts; or
the vehicle has been out of service a total of 15 working days since the consumer received the car.

What Is Not Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Lemon Law remedies are not available if a car`s defects result from the consumer`s abuse, neglect, or unauthorized modification of the car. These remedies are also not available if the defects do not impair the use, market value, or safety of the car.

What Vehicles Are Covered Under The Lemon Law?

Thu, 12 Jun 2008 19:24:28 GMT

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Vehicles used primarily for personal, family or household purposes. Excludes offroad vehicles, mopeds, motorcycles. Includes motor home chassis.

3 repair attempts or 15 business days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Mississippi Office of the Attorney General
Consumer Protection Division
802 North State Street, Suite 303
P.O. Box 22947
Jackson, MS 392252947
6013594230
www.ago.state.ms.us/consprot.htm

Mississippi State BAR Association
643 North State St.
P.O. Box 2168
Jackson, MS 39225 ; 6019484471
Email: msbar@msbar.org
www.msbar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 10:51:02 GMT

Free Lemon Law Attorney FAQs