Mississippi's lemon law provides car consumers with a valuable tool to recover the full repurchase price of their car in certain cases where there is a defect affecting the use, value, or safety of the car. Below are several issues to consider in answering the question, “Do I have a lemon law case?”
Is the Car Under Warranty?
To bring a lemon law claim, there must be an express, written sales warranty still in effect for the car. You can bring a lemon law claim whether you purchased a new or used car (or from a private seller), so long as the warranty covering the car is still in effect. Without an effective sales warranty, you may have to pursue other legal options in recovering your costs from the seller.
Was the Car Delivered to You in the Past Year?
In addition to meeting the warranty requirement, a consumer is required to report the problem with the car to the manufacturer within one year of the time that the car was delivered to the consumer.
What is the Problem Affecting the Car?
Mississippi's lemon law does not provide a list of specific car defects that will form the basis for a successful lemon law suit. Instead, the law states that there must be a problem with the car affecting the use, market value, or safety of the car. This can include anything from engine problems to a defective air conditioning system to excessive gas usage.
What Steps Have You Taken to Address the Problem?
Prior to bringing your lemon law claim, you must give the manufacturer the chance to repair the defect with the car. Specifically, the consumer must have made a “reasonable number of attempts” to have the manufacturer repair the problem.
The law does not provide an exact definition of what a reasonable number of attempts is, but if you have made three attempts to have the car repaired by the manufacturer, or the car has been out of service for at least 15 days due to repair attempts, then the law will presume you met the requirement for making a reasonable number of attempts.
Bringing Your Mississippi Lemon Law Case
If you have met all of the above requirements, then you do indeed have a lemon law case, and you should contact an attorney as soon as possible to begin the process of bringing your lemon law claim. By working with an experienced lemon law attorney in Mississippi, you can increase your chances of obtaining a full and speedy recovery of the purchase price of your car.
At Herrington Law, we have successfully represented auto consumers across Mississippi in recovering the purchase price of their new and used cars, and are committed to winning justice for auto consumers who've suffered losses through no fault of their own. Contact us today to begin assessing and pursuing your lemon law claim as quickly as possible.