Lemon Law Demand Letter — Mississippi

LEMON LAW DEMAND LETTER

Pursuant to the Mississippi Motor Vehicle Warranty Enforcement Act

Miss. Code Ann. §§ 63-17-151 through 63-17-165

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY — SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

Date: [__/__/____]

To Manufacturer:
[________________________________] (Manufacturer Name)
ATTN: Customer Relations / Legal Department / Warranty Division
[________________________________] (Address)
[________________________________] (City, State ZIP)

To Selling Dealer:
[________________________________] (Dealership Name)
ATTN: General Manager / Service Director
[________________________________] (Address)
[________________________________] (City, Mississippi ZIP)

Re: MISSISSIPPI LEMON LAW DEMAND — STATUTORY WRITTEN NOTICE
Consumer/Owner: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make/Model/Trim)
VIN: [________________________________]
Date of Purchase/Lease: [__/__/____]
Current Odometer: [________________________________]
THIS LETTER CONSTITUTES WRITTEN NOTICE UNDER MISS. CODE ANN. § 63-17-157

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") in connection with the above-referenced motor vehicle, which qualifies as a "lemon" under the Mississippi Motor Vehicle Warranty Enforcement Act, Miss. Code Ann. §§ 63-17-151 through 63-17-165. This letter constitutes the written notification to the manufacturer required under Miss. Code Ann. § 63-17-157 and a formal demand for repurchase or replacement.

Mississippi's lemon law is notable for its consumer-favorable thresholds: only three (3) repair attempts for the same nonconformity (versus four in most states) or fifteen (15) business days out of service (among the shortest nationally). Our Client's vehicle has exceeded these thresholds, and the manufacturer's obligation to provide a refund or replacement has been triggered.

I. MISSISSIPPI MOTOR VEHICLE WARRANTY ENFORCEMENT ACT — LEGAL FRAMEWORK

A. Covered Vehicles (§ 63-17-153)

Under Miss. Code Ann. § 63-17-153(f), the Act covers new motor vehicles that are:

• Self-propelled and primarily designed for transportation on public highways
• Purchased or leased in Mississippi
• Still within the terms of the express warranty

Excluded from coverage: Motor homes (the portion used for habitation), motorcycles, mopeds, and vehicles with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds. Miss. Code Ann. § 63-17-153(f).

B. Coverage Period (§ 63-17-155)

Mississippi's lemon law protections apply during the term of the express warranty or one (1) year after original delivery, whichever expires first, or within the first 12,000 miles, whichever comes first. Miss. Code Ann. § 63-17-155.

IMPORTANT: This coverage period is shorter than many states. Time-sensitive action is critical.

C. "Nonconformity" Defined (§ 63-17-153(h))

A "nonconformity" means a condition or defect that substantially impairs the use, market value, or safety of the motor vehicle and that does not conform to the manufacturer's express warranty. Miss. Code Ann. § 63-17-153(h).

D. Presumption of Lemon Status — Mississippi's Consumer-Favorable Thresholds (§ 63-17-159)

Under Miss. Code Ann. § 63-17-159, there is a rebuttable presumption that the manufacturer has had a reasonable number of attempts to repair if:

Mississippi's 3-repair threshold is lower than the majority of states, and its 15-business-day out-of-service threshold is among the shortest in the nation. These consumer-favorable standards mean qualification is reached sooner than in most jurisdictions.

E. Written Notice Requirement (§ 63-17-157)

Before bringing a civil action, the consumer must send written notification to the manufacturer of the need for repair. After receiving the notice, the manufacturer has one (1) additional opportunity to cure the nonconformity, which must be completed within ten (10) calendar days. Miss. Code Ann. § 63-17-157.

This letter constitutes the required written notification under § 63-17-157.

F. Arbitration Requirement (§ 63-17-161)

If the manufacturer maintains a certified informal dispute settlement procedure that complies with 16 C.F.R. Part 703 (FTC regulations), the consumer must first submit the claim to that procedure before filing a civil action. Miss. Code Ann. § 63-17-161. The BBB Auto Line program is commonly used for participating manufacturers.

If the manufacturer does not maintain a qualifying arbitration program, or if arbitration does not result in an acceptable resolution, the consumer may proceed directly to litigation.

II. VEHICLE AND PURCHASE INFORMATION

III. WARRANTY INFORMATION

All defects described herein arose during the applicable warranty period and remain unresolved despite repeated repair attempts.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Nonconformity

• Description: [________________________________]
• First Occurrence (Date / Mileage): [__/__/____] / [________________________________]
• Symptoms Experienced: [________________________________]
• Safety Impact: ☐ Yes ☐ No — If yes: [________________________________]
• Impairment of Use: [________________________________]
• Impairment of Market Value: [________________________________]

B. Additional Nonconformity(ies) (if applicable)

• Description: [________________________________]
• First Occurrence (Date / Mileage): [__/__/____] / [________________________________]
• Symptoms Experienced: [________________________________]

V. REPAIR HISTORY — DEMONSTRATING § 63-17-159 PRESUMPTION

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

(Add additional repair attempts as needed)

Repair History Summary

VI. LEMON LAW QUALIFICATION UNDER § 63-17-159

Our Client's vehicle satisfies the statutory presumption of lemon status because:

☐ Repair Attempt Threshold (§ 63-17-159(1)): The same nonconformity has been subject to repair [____] times, which equals or exceeds the 3-attempt threshold — the lowest in most of the United States.

☐ Out-of-Service Threshold (§ 63-17-159(2)): The vehicle has been out of service for repair for a cumulative total of [____] business days, which equals or exceeds the 15-business-day threshold — one of the shortest periods nationally.

☐ Both Thresholds Met: The vehicle satisfies both the repair-attempt and the out-of-service presumptions.

VII. DEMAND FOR RELIEF UNDER § 63-17-155

Pursuant to Miss. Code Ann. § 63-17-155, we demand the following:

A. Primary Remedy — Select One:

☐ OPTION 1: REPURCHASE / REFUND (§ 63-17-155(1)(a))

Mississippi Mileage Offset Calculation (§ 63-17-155(1)(a)):

The reasonable allowance for use is calculated as:

(Purchase Price) × (Miles Driven Before First Report of Nonconformity ÷ 120,000)

This formula uses a 120,000-mile denominator, which is favorable to consumers compared to states using 100,000 miles.

• Purchase Price: $[________________________________]
• Miles at First Report of Nonconformity: [________________________________]
• Offset Calculation: $[________________________________] × ([________________________________] ÷ 120,000) = $[________________________________]

☐ OPTION 2: REPLACEMENT (§ 63-17-155(1)(b))

The manufacturer must provide a comparable new motor vehicle of equal or greater value, plus payment of all incidental damages.

B. Additional Relief

1. Loan / Lease Payoff: The manufacturer must satisfy any outstanding lien or lease obligation on the vehicle.

2. Attorney's Fees and Costs (§ 63-17-163): Mississippi law entitles a prevailing consumer to recover reasonable attorney's fees, expert witness fees, and court costs.

3. Incidental Damages: All costs incurred as a consequence of the nonconformity, including:
   - Rental vehicle expenses: $[________________________________]
   - Towing charges: $[________________________________]
   - Lost wages for repair visits: $[________________________________]
   - Other: $[________________________________]

VIII. ARBITRATION STATUS (§ 63-17-161)

☐ Manufacturer has a certified arbitration program. Consumer will comply with the requirement under § 63-17-161 to submit to the manufacturer's informal dispute settlement procedure (e.g., BBB Auto Line) before filing suit but reserves all rights if the outcome is unsatisfactory.

☐ Manufacturer does not have a certified arbitration program in Mississippi. Therefore, arbitration is not a prerequisite to filing suit, and Consumer may proceed directly to court.

☐ Consumer has already submitted to arbitration. The arbitration was conducted on [__/__/____] and resulted in: [________________________________]. The result was ☐ accepted ☐ rejected by Consumer. Under § 63-17-161, the consumer may bring a civil action if the arbitration decision is not accepted.

IX. MANUFACTURER'S 10-DAY FINAL REPAIR OPPORTUNITY (§ 63-17-157)

This letter provides the written notification required under § 63-17-157. Upon receipt of this notice, the manufacturer has ten (10) calendar days to make one final attempt to cure the nonconformity.

Please contact the undersigned within five (5) business days to arrange the final repair attempt. If the nonconformity is not cured within 10 calendar days of your receipt of this letter, our Client will proceed with:

☐ Arbitration through the manufacturer's certified program (if applicable)
☐ Filing suit in Mississippi Circuit Court
☐ Filing a claim under the Magnuson-Moss Warranty Act in federal court

X. FEDERAL MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. §§ 2301-2312)

In addition to the state lemon law, our Client has claims under the federal Magnuson-Moss Warranty Act, which:

• Provides an independent cause of action for breach of written and implied warranties
• Allows recovery of attorney's fees to a prevailing consumer (15 U.S.C. § 2310(d)(2))
• Permits suit in federal court if the amount in controversy exceeds $50,000 (or $25 individually with 100+ class members)
• Has a four-year statute of limitations (28 U.S.C. § 1658)

XI. DOCUMENT PRESERVATION DEMAND

You are directed to preserve all documents, records, and electronically stored information relating to this vehicle, including but not limited to:

• All repair orders, warranty claims, and work orders for this VIN
• All Technical Service Bulletins (TSBs) and recall notices related to the defect
• All customer complaints regarding substantially similar defects in this make/model
• All communications between the dealer and manufacturer about this vehicle
• Engineering analyses, field reports, and quality data
• The vehicle itself — do not dispose of, destroy, alter, or resell

Failure to preserve evidence may result in spoliation sanctions under Mississippi law.

XII. RESPONSE DEADLINE

Please respond in writing within fourteen (14) calendar days of receipt with:

1. Your position on whether the vehicle qualifies as a lemon under Mississippi law
2. Your repurchase/replacement offer and calculation
3. Scheduling of the final repair opportunity under § 63-17-157

If no satisfactory response is received, our Client will pursue all available legal remedies.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
Mississippi Bar No. [________________________________]
[________________________________] (Address)
[________________________________] (City, Mississippi ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders / warranty claim records
☐ Copy of purchase or lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration
☐ Photographs and/or video of defect
☐ Prior correspondence with manufacturer and/or dealer
☐ Rental vehicle receipts / towing receipts
☐ Authorization to represent

cc:
[________________________________] (Consumer/Client)
[________________________________] (Lienholder/Lessor, if applicable)
Mississippi Attorney General, Consumer Protection Division
P.O. Box 22947, Jackson, MS 39225

MISSISSIPPI-SPECIFIC NOTES

What Makes Mississippi's Lemon Law Distinctive

1. Only 3 Repair Attempts Required (§ 63-17-159(1)). Mississippi's threshold of three (3) repair attempts for the same nonconformity is lower than most states, which typically require four. This means Mississippi consumers qualify sooner.

2. 15 Business Days Out of Service (§ 63-17-159(2)). The 15-business-day cumulative out-of-service threshold is among the shortest in the nation. Many states require 30 calendar days. This significantly favors Mississippi consumers.

3. Short Coverage Window. The Act covers defects arising within the warranty term or 1 year / 12,000 miles (whichever is first). This is shorter than many states. Consumers must act quickly.

4. 120,000-Mile Mileage Offset Denominator. The use allowance formula uses 120,000 miles, which produces a lower offset (more favorable to consumers) than states using 100,000 miles.

5. Mandatory Arbitration if Available. If the manufacturer sponsors a certified arbitration program under 16 C.F.R. Part 703, consumers must exhaust that process first — unlike states that make arbitration optional.

6. Business Days, Not Calendar Days. Mississippi counts business days for the 15-day out-of-service threshold, which effectively extends the calendar time but is clearly specified in the statute.

7. Attorney's Fees Available (§ 63-17-163). Prevailing consumers may recover reasonable attorney's fees and court costs, providing meaningful incentive for manufacturers to settle meritorious claims.

8. No Civil Penalties. Unlike some states, Mississippi's lemon law does not impose civil penalties on manufacturers, making the remedies limited to refund/replacement plus incidental damages and attorney's fees.

Sources and References

• Miss. Code Ann. §§ 63-17-151 through 63-17-165 — Mississippi Motor Vehicle Warranty Enforcement Act
• Miss. Code Ann. § 63-17-155 — Manufacturer's obligation to refund or replace
• Miss. Code Ann. § 63-17-157 — Written notice and 10-day cure period
• Miss. Code Ann. § 63-17-159 — Presumption thresholds (3 repairs / 15 business days)
• Miss. Code Ann. § 63-17-161 — Arbitration requirement
• Miss. Code Ann. § 63-17-163 — Attorney's fees to prevailing consumer
• 15 U.S.C. §§ 2301-2312 — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC regulations for informal dispute settlement procedures
• BBB Auto Line — https://bbbprograms.org/programs/bbb-autoline
• Mississippi Attorney General, Consumer Protection Division — https://www.ago.state.ms.us/divisions/consumer-protection/

This template is for informational purposes only and does not constitute legal advice. Lemon law requirements may be amended; verify current provisions with a licensed Mississippi attorney before use.