DEMAND LETTER – MISSISSIPPI LEMON LAW
To: [Manufacturer/Distributor/Dealer]
From: [Consumer/Attorney]
Date: [DATE]
Vehicle: [Year/Make/Model/VIN]
Purchase/Lease: [DATE]; Mileage at delivery: [###]; Current mileage: [###]
1. DEFECTS AND REPAIR HISTORY
- Defect(s) substantially impair use, market value, or safety: [List].
- Repair attempts/days out of service (attach RO's): [Dates, dealer, RO#, days each visit].
- Presumption specifics (Miss. Code Ann. § 63-17-155):
- [ ] Three or more repair attempts for the same nonconformity; OR
- [ ] Fifteen (15) or more business days out of service.
- Within warranty term or 1 year from original delivery, whichever first.
2. LEGAL BASIS
- Mississippi Motor Vehicle Warranty Enforcement Act, Miss. Code Ann. §§ 63-17-151 to 63-17-165. Manufacturer has had a reasonable number of repair attempts and failed to conform the vehicle to warranty; further attempts would be futile.
3. WRITTEN NOTICE
- This letter serves as written notice per Miss. Code Ann. § 63-17-159.
4. INFORMAL DISPUTE RESOLUTION PREREQUISITE
- Per Miss. Code Ann. § 63-17-163, if manufacturer has a certified informal dispute resolution procedure, consumer shall first exhaust that procedure before bringing action.
- Manufacturer's program: [PROGRAM NAME / None exists / Not certified].
- Status: [Completed on [DATE] — unsatisfactory / Not applicable].
5. DEMAND FOR REPURCHASE OR REPLACEMENT
- Election: [Repurchase / Replacement].
- Repurchase calculation:
- Full purchase price: [$]
- Collateral charges: [$]
- Sales/use tax: [$]
- Registration, license, official fees: [$]
- Incidental/consequential damages (towing, rental, etc.): [$]
- Subtotal: [$]
- Less reasonable allowance for use: [$]
- Total demanded: [$]
- If replacement elected: comparable new vehicle plus reimbursement of incidental costs.
6. RESPONSE DEADLINE
- Provide written acceptance and logistics for repurchase/replacement within [30] days. Time is of the essence.
7. ATTORNEYS' FEES
- Reasonable attorney's fees and costs recoverable under Miss. Code Ann. § 63-17-161.
8. ATTACHMENTS
- Exhibit A: Purchase/lease agreement.
- Exhibit B: Repair orders/invoices.
- Exhibit C: Towing/rental receipts.
- Exhibit D: Prior correspondence/notices.
Signed:
[Name/Attorney]
[Address/Email/Phone]